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HomeMy WebLinkAboutm - August 10, 2016 CC289 VOLUME LXXXI AUGUST 10, 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 August 10, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Invocation was given by Fire Chief John Fahy and a Moment of Silence was observed. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JULY 13, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the July 13, 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. COMMUNICATIONS Chief John P. Fahy Retirement Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Fire Chief John Fahy was originally hired as a firefighter-paramedic for the city of Elgin on February 9, 1987, was promoted to Lieutenant-Paramedic on April 14, 1997, to Fire Captain on August 29, 2010 and to Fire Chief on January 4, 2011; and WHEREAS, During his tenure as Firefighter/Lieutenant, Chief Fahy served for over ten years as instructor for the Elgin Regional Fire Academy and was instrumental in training over 1,000 students, served as Local 439 Union President for six years and was elected to the Kane County Board from 2006 to 2010 as a Republican representing District 21; and AUGUST 10, 2016 VOLUME LXXXI 290 WHEREAS, During his nearly six years as Fire Chief, Fahy oversaw the implantation of Advanced Life Support/paramedic capabilities on seven fire engines and doubled the amount of ALS apparatus on the street in Elgin each day, increased the Department’s Insurance Service Office rating from class 3 to class 2, putting Elgin in the top two percent of fire departments in the country, implemented a community outreach program where each of the seven fire stations “adopts” a social service agency to support, and began a fire explorer program in August of 2014 to give the youth of the community an introduction to the fire service; and WHEREAS, During his years with the Fire Department, Chief Fahy was awarded one company award; one distinguished service award; two unit citations; one Life Saving Award; and Academy Instructor Service and Paramedic Service Awards; and WHEREAS, After nearly 30 years with the Elgin Fire Department, Chief Fahy announced his retirement effective on October 10, 2016. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem to Chief John Fahy for his outstanding service to the city and the community on the occasion of his retirement and wish him luck in all his future endeavors. IN WITNESS THEREOF, I have hereunto set my hand this10th day of August, 2016. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Representatives of a delegation from Zhejiang Institute of Administration thanked the city for the hospitality and tours of the various facilities. JOINT PURCHASING AGREEMENT APPROVED WITH WEX BANK FOR FLEET FUEL CARD SERVICES There was discussion on the details of the fuel card program and the budget impact. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve a five- year contract with WEX Bank for the purchase of fuel for city vehicles in the annual budgeted amount of $1,260,000. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXI AUGUST 10, 2016 291 PETITION 17-16 APPROVED FOR AN APPLICATION BY GLENVIEW STATE BANK, SUCCESSOR TRUSTEE OF THE EDWARD J. BUSSE TRUST AND THE RUTH BUSSE TRUST, EACH DATED APRIL 2, 1987, REQUESTING APPROVAL OF AN APPLICATION FOR MAP AMENDMENT TO REZONE THE PROPERTY AT 2701 GALVIN DRIVE FROM AB AREA BUSINESS DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT Marc Mylott, Community Development Director, provided an overview of Petition 17-16 which would allow for a map amendment. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve Petition 17-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 21-16 APPROVED FOR AN APPLICATION BY RICHPORT PROPERTY, LLC – S. RANDALL OUTLOT, REQUESTING APPROVAL OF A DEVELOPMENT PLAN TO BUILD A ONE-STORY RETAIL BUILDING AT 1120 S. RANDALL ROAD WITHIN THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION Marc Mylott, Community Development Director, provided an overview of Petition 21-16 which would allow for development of a retail building. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was discussion regarding potential tenants, access to the lot, and landscaping. Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 21-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. S4-16 through S6-16 and G32-16 through G35-16 and adopt Resolution Nos. 16-102 through 16-108 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUGUST 10, 2016 VOLUME LXXXI 292 RESOLUTION 16-102 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE RANDALL CROSSINGS BUSINESS PARK SUBDIVISION Councilmember Gavin 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-102 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE RANDALL CROSSINGS BUSINESS PARK SUBDIVISION 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 Randall Crossings Business Park Subdivision. Acceptance of the public improvements will add the following city-maintained facilities: approximately 3,697 lineal feet of 12-inch water main; 6, 8-inch valves in 4-foot vaults; 3, 12-inch valves in 5-foot vaults; 8 fire hydrants; 148 lineal feet of 8-inch sanitary sewer; 1,597 lineal feet of 12-inch sanitary sewer; 11 sanitary manholes; 632 lineal feet of 12-inch storm sewer; 19 lineal feet of 24-inch storm sewer; 137 lineal feet of 30-inch storm sewer; 305 lineal feet of 36-inch storm sewer; 157 lineal feet of 42-inch storm sewer; 6 catch basins; 9 storm manholes; 11 street lights; 3,336 lineal feet of improved street (including curb and gutter on both sides of the street); 2 traffic signs, 85 trees; 2,000 lineal feet of 5-foot sidewalk; and their respective appurtenances. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Adopted: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI AUGUST 10, 2016 293 RESOLUTION 16-103 ADOPTED AUTHORIZING THE EXECUTION OF A MULTI- COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO FOR THE CONTINUED ENFORCEMENT OF THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE WITHIN THE CORPORATE LIMITS OF ELGIN, ILLINOIS Councilmember Gavin 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-103 RESOLUTION AUTHORIZING THE EXECUTION OF A MULTI-COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO FOR THE CONTINUED ENFORCEMENT OF THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE WITHIN THE CORPORATE LIMITS OF ELGIN, ILLINOIS WHEREAS, the City of Elgin (the "City") is a home-rule municipality pursuant to Article VII, Section 6, of the Constitution of the State of Illinois, and as such is authorized to take all reasonable action pertaining to its affairs in accordance therewith; and WHEREAS, pursuant to Illinois law, the Metropolitan Water Reclamation District of Greater Chicago ("District") is vested by Illinois law with the general supervision of stormwater management in Cook County; and WHEREAS, the District is allowed by law to prescribe by ordinance reasonable rules and regulations for floodplain and stormwater management and for governing the location, width, course and release rate of all stormwater runoff channels, streams, and basins in Cook County; and WHEREAS, the District's Board of Commissioners adopted, on October 3, 2013, an ordinance which has been amended from time to time, captioned "Watershed Management Ordinance" ("WMO") which defines a multi-county municipality as a municipality containing corporate area within both Cook County and an Illinois county located contiguously adjacent to Cook County; and WHEREAS, the City is a multi-county municipality, having corporate area in both Cook and Kane Counties; and WHEREAS, Article 2 of the WMO provides and allows a multi-county municipality to adopt and enforce the stormwater management ordinance of a county adjacent to the District if the municipality has corporate area within the adjacent county; and AUGUST 10, 2016 VOLUME LXXXI 294 WHEREAS, the City has historically enforced the Kane County Stormwater Management Ordinance, since the adoption on December 19, 2001 as Ordinance G80-01, through which the City adopted as its own the rules and regulations for floodplain and stormwater management in the City, which regulations have been amended and codified in the City Code as Title 21; and WHEREAS, pursuant to the WMO, the City has notified the District of its adoption of the Kane County Stormwater Management Ordinance, and, now, must enter into a Multi-County Municipality Intergovernmental Agreement with the District setting forth the terms by which the District will allow the City to enforce floodplain and stormwater management under the Kane County Ordinance; and WHEREAS, based on staff recommendation, the Mayor and City Council have determined execution of Multi-County Municipality Intergovernmental Agreement is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Elgin, located in the Counties of Cook and Kane, Illinois, that the Mayor and City Clerk are authorized and directed to execute the Multi-County Municipality Intergovernmental Agreement. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Adopted: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-104 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE NEW FREEDOM/JARC AND 5310 SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE IN KANE PROGRAM (PHASE 10-14) Councilmember Gavin 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXI AUGUST 10, 2016 295 Resolution No. 16-104 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE NEW FREEDOM/JARC AND 5310 SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE IN KANE PROGRAM (Phase 10 through 14) 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 is hereby authorized and directed to execute a Ride in Kane New Freedom/JARC Service Agreement, Phase 10 through 14, on behalf of the City of Elgin with Association for Individual Development regarding the Ride in Kane Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Adopted: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-105 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2016 Councilmember Gavin 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-105 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2016 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 Ride in Kane Pace Subsidy Agreement on behalf of the City of Elgin AUGUST 10, 2016 VOLUME LXXXI 296 with the Suburban Bus Division of the Regional Transportation Authority for services during 2016, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Adopted: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-106 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH B&W CONTROL SYSTEM INTEGRATION, LLC FOR PHASE 2 OF THE SUPERVISORY CONTROL AND DATA ACQUISITION SERVER AND SOFTWARE UPGRADE Councilmember Gavin 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-106 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH B&W CONTROL SYSTEM INTEGRATION, LLC FOR PHASE 2 OF THE SUPERVISORY CONTROL AND DATA ACQUISITION SERVER AND SOFTWARE UPGRADE 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 Richard G. Kozal, 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 B&W VOLUME LXXXI AUGUST 10, 2016 297 Control System Integration, LLC for Phase 2 of the supervisory control and data acquisition server and software upgrade, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Adopted: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-107 ADOPTED AUTHORIZING EXECUTION OF AN AIR SUPPORT MUTUAL AID AGREEMENT WITH VARIOUS LOCAL PUBLIC SAFETY AGENCIES FOR ACCESS TO ADDITIONAL RESOURCES, EQUIPMENT AND PERSONNEL OF OTHER PARTICIPATING AGENCIES DURING AN EMERGENCY OR DISASTER Councilmember Gavin 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-107 RESOLUTION AUTHORIZING EXECUTION OF AN AIR SUPPORT MUTUAL AID AGREEMENT WITH VARIOUS LOCAL PUBLIC SAFETY AGENCIES FOR ACCESS TO ADDITIONAL RESOURCES, EQUIPMENT AND PERSONNEL OF OTHER PARTICIPATING AGENCIES DURING AN EMERGENCY OR DISASTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Air Support Mutual Aid Agreement on behalf of the City of Elgin with various local public safety agencies for access to additional resources, equipment and personnel of other participating agencies during an emergency or disaster, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 10, 2016 VOLUME LXXXI 298 Presented: August 10, 2016 Adopted: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-108 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS Councilmember Gavin 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-108 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute on behalf of the City of Elgin an Agreement between the City of Elgin and School District U-46 providing for school resource officers, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Adopted: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI AUGUST 10, 2016 299 ORDINANCE S4-16 PASSED DESIGNATING 356 JEWETT STREET, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S4-16 AN ORDINANCE DESIGNATING 356 JEWETT 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 356 Jewett 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 June 7, 2016, the Elgin Heritage Commission conducted a public hearing and determined whether 356 Jewett 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 356 Jewett 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 AUGUST 10, 2016 VOLUME LXXXI 300 WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate 356 Jewett 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 356 Jewett Street, located upon the property legally described as follows: Lot 2 (except the northerly 10 feet) in Block 8 of J.C. & W.H. Kimball's Fourth Addition to Elgin, in the City of Elgin, Kane County, Illinois. Permanent Index Number: 06-23-136-011 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: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 Published: August 12, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S5-16 PASSED DESIGNATING 841 BELLEVUE AVENUE, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXI AUGUST 10, 2016 301 Ordinance No. S5-16 AN ORDINANCE DESIGNATING 841 BELLEVUE AVENUE, 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 841 Bellevue Avenue, 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 June 7, 2016, the Elgin Heritage Commission conducted a public hearing and determined whether 841 Bellevue Avenue 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 841 Bellevue Avenue 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 841 Bellevue Avenue 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 841 Bellevue Avenue, located upon the property legally described as follows: AUGUST 10, 2016 VOLUME LXXXI 302 Lot 7 in Block 8 of Grandview Addition to Elgin, in the City of Elgin, Kane County, Illinois. Permanent Index Number: 06-12-256-004 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: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 Published: August 12, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S6-16 PASSED DESIGNATING 1023 BELLEVUE AVENUE, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S6-16 AN ORDINANCE DESIGNATING 1023 BELLEVUE AVENUE, 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 1023 Bellevue Avenue, Elgin, Illinois, has filed an application with the City of Elgin requesting that such property VOLUME LXXXI AUGUST 10, 2016 303 be designated as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District; and WHEREAS, on June 7, 2016, the Elgin Heritage Commission conducted a public hearing and determined whether 1023 Bellevue Avenue 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 1023 Bellevue Avenue 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 1023 Bellevue Avenue 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 1023 Bellevue Avenue, located upon the property legally described as follows: Lot 19 in Block IV of R.N. Botsford's Addition to Elgin, in the City of Elgin, Kane County, Illinois. Permanent Index Number: 06-12-209-008 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. AUGUST 10, 2016 VOLUME LXXXI 304 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: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 Published: August 12, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G32-16 PASSED AMENDING CHAPTER 9.38 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "COLLECTION BINS" Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G32-16 AN ORDINANCE AMENDING CHAPTER 9.38 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “COLLECTION BINS” WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to provide for the regulation of collection bins within the City; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City of Elgin has observed an increase in the number of collection and/or donation bins and boxes, and other similar receptacles that are designed for the purpose of VOLUME LXXXI AUGUST 10, 2016 305 collecting various kinds of salvageable personal property for donation or other re-use (“collection bins”) within the corporate limits of the City of Elgin; and WHEREAS, the City of Elgin has further observed that items of property are frequently left in the exterior areas surrounding such collection bins, which items may be further spread by adverse weather conditions, animal contacts, or other human activities; and WHEREAS, the presence of collection bins and the accumulation of items creates an unsightly appearance, may attract vermin or other animals, and may be a potential hazard to pedestrian and vehicular traffic, all of which have a negative effect on the value of property in and around the area of the collection bins and further creating a risk to the public health and welfare; and WHEREAS, the City of Elgin has determined that it is beneficial and in the public interest to regulate collection bins in order to prevent or minimize the unsightliness and public health hazards associated with such collection bins; and WHEREAS, the presence of unattended and unregulated collection bins is directly and indirectly injurious to the public health, safety, peace and welfare, diminishes property values in the area surrounding such collection bins, and constitutes a public nuisance; and WHEREAS, the regulation of collection bins contained herein pertains to the government and affairs of the City of Elgin; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.38 of the Elgin Municipal Code, 1976, as amended, entitled “Collection Bins” be and is hereby created to read as follows: Chapter 9.38 COLLECTION BINS 9.38.010: DEFINITIONS: 9.38.020: LICENSE REQUIRED: 9.38.030: QUALIFICATIONS OF LICENSEES: 9.38.040: APPLICATION: 9.38.050: REQUIREMENTS AND RESTRICTIONS: 9.38.060: MANAGEMENT AND MAINTENANCE: 9.38.070: REMEDIES; REVOCATION OR TERMINATION OF LICENSE: 9.38.080: PENALTY: 9.38.010: DEFINITIONS: The following terms as used in this chapter shall have the meanings as set forth below. Unless specifically defined herein, where a word or phrase used in this chapter is defined in the Elgin AUGUST 10, 2016 VOLUME LXXXI 306 Zoning Ordinance or the Elgin Municipal Code, such other definition shall apply in the interpretation of this chapter. COLLECTION BIN: Any receptacle which is either utilized, designed, adorned, or located in a manner which suggests to a reasonable person of common intelligence that the intent of said receptacle is to receive and temporarily hold clothing, shoes, textiles, books, electronics, toys, household items, or other like commonly donated items or salvageable personal property that would then be either re-used, re-distributed, or used for another purpose, not simply discarded. Library return facilities and remote bookdrops owned or operated by a library are not included within this definition of a collection bin. COLLECTION BIN OWNER: Any organization, firm, or other entity that owns or seeks to locate, maintain, or operate a collection bin in the City for which a license is required pursuant to this chapter. HAZARDOUS MATERIALS: Any substance or material which includes explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. SITE HOST: The property owner or lawful occupant of the site where the collection bin is placed or is intended to be placed. 9.38.020: LICENSE REQUIRED: A. It shall be unlawful for any person, firm or corporation to place, erect, maintain, operate, or host a collection bin on any property within the City, or to allow a collection bin to be placed, erected, maintained, operated, or hosted on any property within the City, without first having obtained a license as herein provided. B. A license issued under this chapter shall be issued to the collection bin owner and the site host, who shall be jointly and severally liable for complying with this chapter. C. A license issued for the placement and operation of a collection bin shall expire on December 31 of the calendar year in which the license was issued unless the license is revoked or otherwise terminated pursuant to the provisions of this chapter. D. The fee for a collection bin license shall be seventy five dollars ($75.00). The license fee provided for herein shall be payable in full at the time of issuance of said license. License fees shall not be prorated based upon the time remaining in the calendar year in which the license was issued. If the collection bin owner is a school, church, unit of government, or not-for-profit corporation, as evidenced by the proof required pursuant to subsection 9.38.040.C of this chapter, the license fee shall be waived. E. A license issued under this chapter may be renewed by submitting a timely renewal application and a renewal fee in the amount of fifty dollars ($50.00). The City may VOLUME LXXXI AUGUST 10, 2016 307 determine that a license shall not be renewed if the licensee has been found liable for violating any provisions of this chapter during the previous license term. F. Collection bins located entirely within an enclosed building for which a principal use on a property has been lawfully established shall be exempt from the license requirements of this chapter. 9.38.030: QUALIFICATIONS FOR A LICENSE: A. An entity seeking to qualify for a license pursuant to this chapter must be in good standing with the State of Illinois. B. In order to qualify for a license pursuant to this chapter, the site host must be the owner or lawful occupant of the property where the collection bin is proposed to be located, and must operate a school, church, governmental, or not-for profit-organization on the property. No license shall be issued if there is no lawful principal use established on the property. 9.38.040: APPLICATION: Any person desiring to place a collection bin within the City shall make application for a license to the City Finance Director, setting forth the following information: A. The name, address, telephone number, e-mail address and website, if any, of the collection bin owner; B. The name, address, telephone number and e-mail address of a contact person who shall be responsible to respond to maintenance requests or complaints regarding the collection bin and who shall accept service of any citations for a violation of this chapter. The licensee shall provide the City with updated information if the contact person's information changes; C. If the collection bin owner claims to be a qualified not for profit organization: 1. A copy of the determination letter issued by the internal revenue service stating that the applicant is a public charity exempt under internal revenue code section 501(c)(3); 2. Evidence of registration and the filing of an annual financial report with the Illinois attorney general's office; and 3. A certificate of good standing issued by the Illinois secretary of state; D. If the collection bin owner is a corporation or limited liability company, the owner shall provide a certificate of good standing issued by the Illinois secretary of state. A certificate of good standing must not be older than three (3) months at the time of application for a license; AUGUST 10, 2016 VOLUME LXXXI 308 E. The name, address and telephone number of the site host and a description of the business or other lawful activity conducted by the host on the property; F. A copy of any text and/or graphics that are proposed to be on the collection bin; G. A drawing/site plan that is sufficient to depict the proposed location of the collection bin on the subject property, including the dimensions of the collection bin and the distance of the collection bin to all property lines; H. The number of licenses the collection bin owner maintains in the City, as well as the number of collection bins hosted by the site host; I. The collection bin owner shall submit written authorization from the site host consenting to the placement of a collection bin on the subject property; J. The license application must be signed by both the collection bin owner and the site host, who shall be jointly and severally liable for complying with this chapter; and K. A collection bin owner that has been found liable for three (3) or more violations of this chapter within any 12-month period and which has had its license revoked shall be ineligible to obtain a license for a period of three (3) years from the date of such revocation. L. A license for a collection bin shall not be issued if the proposed collection bin will not meet the requirements of this chapter and any other applicable provisions of the Elgin Municipal Code. M. A license issued under this chapter shall not be transferred, assigned, or conveyed to another person or operator. 9.38.050: REQUIREMENTS AND RESTRICTIONS: A license shall not be issued for a collection bin unless the license applicant demonstrates compliance with the following standards: A. Placement of a collection bin is permitted only on properties on which schools, churches, and buildings owned and operated by units of government or not-for-profit organizations have been lawfully established. B. Collection bins must display the license sticker on the front of the collection bin, and the license sticker shall be visible at all times. C. Collection bins must be placed on a paved surface and shall not be on any permeable surface. VOLUME LXXXI AUGUST 10, 2016 309 D. Collection bins shall not be placed in any City or public right-of-way. E. Collection bins shall not be located in a parking space. F. Collection bins shall not be placed within a street yard, and shall adhere to the setback requirements for an accessory structure as set forth in the Elgin Zoning Ordinance for the zoning district in which the collection bin is located. To the extent feasible, collection bins shall be placed in the rear or side of a property so as to be inconspicuous as viewed from public rights-of-way. G. Collection bins shall not be placed in such a manner as to cause a view obstruction for pedestrians or motorists, as set forth in section 19.12.600.A of the Elgin Zoning Ordinance. Collection bins placed on private sidewalks must allow at least five feet (5’) of pedestrian walkway in front of the collection bin. H. Collection bins shall not be located within ten feet (10’) of a fire hydrant. I. No more than one (1) collection bin shall be permitted per lot or per school, church, governmental, or not-for-profit organization property. J. Collection bins shall not exceed six and one-half (6.5) feet in height. K. Collection bins shall not possess a footprint exceeding twenty (20) square feet. L. Collection bins shall indicate whether the operator is a for profit or not-for-profit organization in two-inch type visible from the front of the collection bin. M. Any lettering on collections bins shall not exceed five-inch letter height. Collection bins shall contain the following contact information in two-inch type visible from the front of the box: the name, address, e-mail and phone number of the owner of the collection bin. N. If the donation box is owned by a not-for-profit organization, a statement must be conspicuously displayed on the front of the donation box with a minimum typeface of two inches (2") that indicates that the donation box is owned and operated by a not for profit organization, the name of the organization and a description of the charitable causes that the donations will benefit. O. If the donation box is owned by a for profit company, the front of the donation box shall conspicuously display a statement with a minimum typeface of two inches (2") that indicates the name of company, that it is a for-profit company and that deposits are not tax deductible. 9.38.060: MANAGEMENT AND MAINTENANCE: A. Collection bins shall be maintained in good condition, appearance, and working order with no structural damage, holes, or visible rust, and shall be free of graffiti. Collection bins AUGUST 10, 2016 VOLUME LXXXI 310 shall be maintained in a watertight and animalproof condition, and secured to prevent wind from disbursing its contents. B. Collection bins shall be serviced and the contents thereof collected regularly so as to prevent overflow of collections or the accumulation of junk, debris or other material. Upon servicing, any and all material must be removed. A licensee shall not permit items to be placed, around, beside, on, or outside of the collection bin. C. No hazardous materials or items may be deposited or collected in a collection bin. D. A collection bin owner must respond to any and all complaints regarding collection bin maintenance within twenty-four (24) hours of receiving notification on a Monday through Friday and forty-eight (48) hours of receiving notification on a Saturday or Sunday. 9.38.070: REMEDIES; REVOCATION OR TERMINATION OF LICENSE: A. If a licensee does not maintain a collection bin in accordance with this chapter or otherwise fails to comply with the requirements of this chapter or of any other provisions of the Elgin Municipal Code, the City may serve a written notice of noncompliance upon the licensee requiring the condition of noncompliance to be remedied within forty-eight (48) hours of service of the notice. The notice shall be served by transmitting a copy of the notice to the collection bin owner’s designated contact person by electronic mail to the e-mail address provided in the license application, and by posting a copy of the notice on the collection bin. The notice shall provide that if the condition of noncompliance is not remedied within forty-eight (48) hours of service of the notice, the City shall be authorized to remove the collection bin at the licensee’s cost and expense. If a licensee fails to remedy any condition of noncompliance within forty-eight (48) hours after notice, the license issued to licensee shall be revoked, and the City shall be authorized to remove the collection bin to a secure location. In the event of such removal, the City shall notify the collection bin owner’s designated contact person that if the collection bin owner does not retrieve the collection bin from the secure location within seven (7) days following service of the notice, the City shall be authorized to dispose of the collection bin and its contents. Before the collection bin is released to the licensee, the licensee must pay an administrative penalty of $100.00, plus an additional administrative penalty of $25.00 per day for the City’s costs in removing and storing the collection bin. If the collection bin owner does not collect the collection bin from its secure location within seven (7) days following notice, the City is authorized to dispose of the collection bin and its contents in any lawful manner. In addition to the administrative penalties set forth herein, the collection bin owner shall be liable for the reasonable costs of removal and disposal incurred by the City. The licensee’s act of collecting the collection bin shall not affect the revocation of the license for the collection bin. Any licensee whose license was revoked may request a hearing before the City’s Division of Administrative Adjudication to appeal any such revocation. B. Any licensee or any other person or entity who places a collection bin within the City without a license or when their license was revoked will be required to remove the collection bin within forty-eight (48) hours after receiving notice to remove same. The VOLUME LXXXI AUGUST 10, 2016 311 notice shall be served by transmitting a copy of the notice to the collection bin owner’s designated contact person where such contact information is available from a prior license application, and by posting a copy of the notice on the collection bin. A copy of the notice shall also be provided to the owner of the property on which the collection bin is located. The notice shall provide that if the condition of noncompliance is not remedied within forty-eight (48) hours of service of the notice, the City shall be authorized to remove and dispose of the collection bin and its contents at the collection bin owners and/or the site host’s cost and expense. The City may remove any collection bin remaining after said forty-eight (48) hour period and dispose of the collection bin and its contents in any lawful manner. In this event, the site host wherein the collection bin is located and/or the collection bin owner may be liable for the reasonable costs of removal and disposal incurred by the City. C. If the principal use on the property on which a collection bin is located has ceased, the collection bin license shall automatically terminate. In such event the licensee shall have seven (7) calendar days to remove the collection bin from the property. If the licensee fails to remove the collection bin within seven (7) days, the City shall be authorized to remove the collection bin in accordance with the procedures set forth subsection 9.38.070.A herein. D. In the event a property owner or lawful occupant has a collection bin placed on their property without their consent and has no intention of being a site host, they shall notify the City regarding the collection bin within forty-eight (48) hours of the placement of the collection bin on their property. The City will consult with the property owner or lawful occupant regarding the removal of any collection bin that may have been placed without the property owner's consent, and the City shall be authorized to remove the collection bin in accordance with the procedures set forth subsection 9.38.070.B herein. 9.38.080: PENALTY: In addition to any other remedies provided for in this chapter, any person, firm or corporation who violates any of the provisions of this chapter shall subject to a fine of not less than $50.00 and not more than $750.00 for each offense. A separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. The licensee and the site host are jointly and severally liable for adhering to the provisions of this chapter and any fees or penalties associated therewith. 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 ten days after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 10, 2016 VOLUME LXXXI 312 Presented: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 Published: August 12, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G33-16 PASSED CLASSIFYING TERRITORY WITHIN A PCF PLANNED COMMUNITY FACILITY DISTRICT AND AMENDING PCF ORDINANCE NO. G23-08 (401 AND 423 HAZEL DRIVE) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G33-16 AN ORDINANCE CLASSIFYING TERRITORY WITHIN A PCF PLANNED COMMUNITY FACILITY DISTRICT AND AMENDING PCF ORDINANCE NO G23-08 (401 and 423 Hazel Drive) WHEREAS, written application has been made to reclassify certain property located at 401 Hazel Drive and 423 Hazel Drive from SFR1 Single Family Residence District to PCF Planned Community Facility District; and WHEREAS, the properties at 401 Hazel Drive and 423 Hazel Drive have been acquired and are currently owned by Judson University, a Baptist Institution; and WHEREAS, Judson University proposes to combine the properties at 401 Hazel Drive and 423 Hazel Drive with its existing campus located at 1151 North State Street, the development of that property being governed by provisions contained within Ordinance No. G23-08 entitled “An Ordinance Amending PCF Planned Community Facility District Ordinance No. G42-05”; and WHEREAS, the incorporation and development of the properties at 401 and 423 Hazel Drive are consistent with Judson University’s 10-year Campus Master Plan adopted in 2014; and WHEREAS, after due notice in the manner provided by law, the Planning & Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and VOLUME LXXXI AUGUST 10, 2016 313 WHEREAS, the City Council of the City of Elgin concurs with the Findings and Recommendation of the Planning & Zoning Commission and the Community Development Department; 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 reclassifying property within a PCF district and 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: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 6, 2016, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That the properties at 401 and 423 Hazel Drive are hereby incorporated within the campus of Judson University and subject to the provisions of PCF Planned Community Facility District Ordinance No. G23-08 entitled “An Ordinance Amending PCF Planned Community Facility District Ordinance No. G42-05, as heretofore amended; said properties being legally described as follows: LOT 39 (EXCEPT THE WESTERLY 45 FEET, AS MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE THEREOF) AND ALL OF LOT 40 IN RIVERSIDE MANOR, UNIT NO. 2, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. (Commonly known as 401 Hazel Drive) LOT 38 AND THE WESTERLY 45 FEET AS MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE OF LOT 39 IN RIVERSIDE MANOR, UNIT NO. 2, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (Commonly known as 423 Hazel Drive) Section 3. That Ordinance No. G23-08 entitled “An Ordinance Amending PCF Planned Community Facility District Ordinance No. G42-05,” passed May 14, 2008, be and is hereby amended only as set forth in this ordinance as follows: Section 3 of Ordinance G23-08 shall be amended as follows: The boundaries hereinafter laid out in the “Zoning District Map,” as amended, be and are hereby further altered by including in the PCF Planned Community Facility District the properties legally described in Section 2 of this ordinance. Section G entitled “Site Design and Further Land Use Limitations” shall be further amended to include the following subparagraphs: AUGUST 10, 2016 VOLUME LXXXI 314 1. Substantial conformance to the Development Application and supporting documents submitted by Jill Rodriguez, on behalf of Judson University, owner for this application, including the following exhibits: a. Statement of Purpose and Conformance dated March 21, 2016 b. Consent and Disclosure statement submitted by Gene C. Crume, President, Judson University, dated March 21, 2016 c. Extracts from the 10-Year Campus Master Plan as it relates to the subject properties, with revisions per the applicant or City of Elgin. d. Plats of Survey of the subject properties detailed as follows: i. 401 Hazel Drive, prepared by Advanced Engineering and Surveying P.C. dated submitted March 21, 2016 ii. 423 Hazel Drive, prepared by Gerald Sopha, Illinois Professional Land Surveyor, dated July 14, 2010. 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. Each existing residential vehicular access to Hazel Drive shall be removed upon demolition of the principal structure on the respective subject property. Additionally, no subsequent new vehicular access from the subject properties or from the existing campus shall be provided to Hazel Drive. 3. The proposed parking area shall be screened in a manner that ensures it is not visible from Hazel Drive, and this requirement may be satisfied by a combination of wall and fence (neither of which shall exceed four feet high), berm, and landscaping along the north side of the parking area, as well as along the west side of the parking area as necessary to block view from Hazel Drive. Landscaping for said screening shall at least include canopy trees along Hazel Drive spaced no more than 30 feet apart and of a species determined by the City. 4. Prior to obtaining the necessary building and engineering permits inclusive of the required tree removal permit, the applicant shall evaluate the significance and condition of the existing trees and vegetation on the properties and make every effort to preserve and incorporate significant, healthy trees within the transition landscape yard (along the western side of 423 Hazel Drive) and within the vehicle use area landscape yard (along Hazel Drive). Any trees preserved along Hazel Drive can count toward those new tree planting requirements within condition No. 3 above, and any new trees planted to comply with condition No. 3 above can be used as credit against those trees which may have to be removed as part of the development of these properties. Credit shall be determined in the manner established within Chapter 19.16 of the Elgin Municipal Code, 1976, as amended. VOLUME LXXXI AUGUST 10, 2016 315 5. Prior to any other or further development of the Subject Property, the owner of the Subject Property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. 6. Compliance with all other applicable codes and ordinances. Section 4. That except as amended herein, the use and development of the subject properties shall be controlled pursuant to the provisions of Ordinance No. G23-08. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 3 and the allowances and departures described and provided thereon, and Ordinance No G23-08, this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 Published: August 12, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G34-16 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A PACKAGE LIQUOR STORE IN THE AB AREA BUSINESS DISTRICT (823-825 SUMMIT STREET) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUGUST 10, 2016 VOLUME LXXXI 316 Ordinance No. G34-16 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A PACKAGE LIQUOR STORE IN THE AB AREA BUSINESS DISTRICT (823-825 Summit Street) WHEREAS, written application has been made requesting conditional use approval to establish a package liquor store within the building located at 823-825 Summit Street; and WHEREAS, the zoning lot with the building containing the premises at 823-825 Summit Street is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the AB Area Business District and such land use is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on June 6, 2016, following due notice by publication; and WHEREAS, the Community Development and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development 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 WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the AB Area Business 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 June 6, 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. VOLUME LXXXI AUGUST 10, 2016 317 Section 2. That a conditional use to establish a package liquor store at 823-825 Summit Street, commonly identified by Cook County Property Index Number 06-07-302-049-0000, and legally described as follows: THE NORTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LORD'S PARK, BEING ALSO THE NORTHWEST CORNER OF THE EAST 1/2, OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 89 DEGREES, 35 MINUTES WEST, 520 FEET; THENCE NORTH 2 DEGREES, 25 MINUTES EAST, 286 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES, 35 MINUTES EAST, 90 FEET; THENCE NORTH 2 DEGREES, 25 MINUTES EAST, 282 FEET TO THE SOUTH LINE OF STATE ROUTE 58; THENCE NORTH 88 DEGREES, 49 MINUTES WEST ALONG THE SOUTH LINE OF SAID STATE ROUTE 58 TO A LINE DRAWN NORTH 2 DEGREES, 25 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 2 DEGREES, 25 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 2 DEGREES, 25 MINUTES WEST ALONG SAID LAST MENTIONED LINE TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (Commonly known as: 823-825 Summit Street, Elgin, IL 60120) be and is hereby granted subject to the following additional conditions: 1. Substantial conformance to the Development Application and Attachments, submitted by Pravin Patel of Bajirao Mastani, Inc. d/b/a “Total Liquors,” as applicant and Emin Tuluce on behalf of 823 Summit LLC, as owner and consisting of the following exhibits: a. Owners and Applicant’s Consent and Disclosure of Identity both documents dated April 20, 2016 b. Statement of Purpose prepared by Thomas Budzik, AIA, (prepared on behalf of the Applicant, Pravin Patel, Bajirao Mastani, Inc.), dated April 19, 2016 c. Architectural exhibits consisting of the following drawings prepared by Thomas Architects dated April 13, 2016: a. Site Plan Sheet CU-1 b. Landscape Plan Sheet CU-2 c. Floor Plan Sheet CU-3 d. Elevations Sheet CU-4, CU-5 d. Plat of Survey prepared by Nekola Survey, Inc. dated December 17, 2015. AUGUST 10, 2016 VOLUME LXXXI 318 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. The conditional use granted herein is limited to commercial building located at 823-825 Summit Street. 3. Graphics shall be constructed and installed in conformance with the requirements of the zoning ordinance. All free standing graphics shall be constructed as monument graphics. 4. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 Published: August 12, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G35-16 PASSED GRANTING A PLANNED DEVELOPMENT AS A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT INCLUDING CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE RELATED TO SITE DESIGN AND STREET GRAPHICS REQUIREMENTS TO PERMIT THE CONSTRUCTION OF A 4-STORY SENIOR HOUSING FACILITY (300 NORTH STATE STREET) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXI AUGUST 10, 2016 319 Ordinance No. G35-16 AN ORDINANCE GRANTING A PLANNED DEVELOPMENT AS A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT INCLUDING CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE RELATED TO SITE DESIGN AND STREET GRAPHICS REQUIREMENTS TO PERMIT THE CONSTRUCTION OF A 4-STORY SENIOR HOUSING FACILITY (300 North State Street) WHEREAS, written application has been made requesting a planned development for a conditional use to permit certain departures from the Elgin Zoning Ordinance related to Site Design and Street Graphics Requirements in the CC2 Center City District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on June 6, 2016, following due notice by publication; and WHEREAS, the Community Development and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning & 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 & 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 conditional use in the CC2 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 June 6, 2016, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a planned development for a conditional use to permit departures in the CC2 Center City District at 300 North State Street, and legally described as follows: AUGUST 10, 2016 VOLUME LXXXI 320 PARCEL 1: THAT PART OF LOT 1 IN BLOCK 48 OF WILLIAM C. KIMBALL'S SECOND ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNET OF SAID LOT, THENCE WEST ALONG THE NORTHERLY LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 6 RODS, THENCE EASTERLY PARALLEL WITH NORTHERLY LINE OF SAID LOT TO THE EAST LINE THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT TO THE POINT OF BEGINNING, EXCEPT THAT PORTION WHICH WAS CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, BY WARRANT DEED DATED MARCH 12, 1975 RECORDED AS DOCUMENT 1329210 ON JUNE 5, 1975 IN BOOK 3051 PAGES 417-418 BY THE KANE COUNTY RECORDER OF DEEDS, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: LOTS 2, 3 AND 4 IN BLOCK 48 OF WILLIAM C. KIMBALL'S SECOND ADDITION TO ELGIN IN THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THAT PART OF LOT 1 IN BLOCK 48 OF SAID WILLIAM C. KIMBALL'S SECOND ADDITION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID LOT WITH THE EASTERLY LINE OF RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINES, 99 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 1, 185 FEET TO THE EASTERLY LINE OF SAID LOT 1 FOR THE TERMINUS OF SAID LINE, (EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY ALL THAT PART LYING NORTHEASTERLY OF A LINE THAT IS 41.0 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES THEREFROM, THE CENTER LINE OF F.A. ROUTE 23 (ILLINOIS ROUTE 31), COMMONLY KNOWN AS STATE STREET); ALSO (EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PART OF LOT 2 AFORESAID DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID LOT 2, 10.33 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 41.0 FEET SOUTHWESTERLY AS MEASURED AT RIGHT ANGLES THEREFROM, THE CENTER LINE OF F.A. ROUTE 23 (ILLINOIS ROUTE 31), COMMONLY KNOWN AS NORTH STATE STREET OF THE PLACE OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE TO A POINT 6.0 FEET NORTHWESTERLY OF THE SOUTH LINE OF LOT 2 AS MEASURED ALONG SAID PARALLEL LINE; THENCE SOUTHWESTERLY 8.48 FEET TO A POINT ON THE SAID SOUTH LINE OF LOT 2, 16.33 FEET SOUTHWESTERLY OF THE SOUTHEAST CORNER OF SAID LOT 2 AS MEASURED ALONG THE SAID SOUTH VOLUME LXXXI AUGUST 10, 2016 321 LINE; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE, THENCE NORTHEASTERLY ALONG SAID SOUTH LINE 6.0 FEET TO THE POINT OF BEGINNING), IN KANE COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions: 1. The setback from a street lot line shall be no less than 10.09 feet. Accordingly a street yard shall be provided to allow for the provision of an ADA compliant sidewalk along State Street and to accommodate an existing 10-foot watermain easement along Lawrence Avenue. 2. The maximum building coverage shall be no less than 26,358 square feet or 35% of the total zoning lot area of 75,192 square feet. 3. The development shall be allowed the construction of dwelling units with a gross minimum floor area of 680 square feet for a 1-bedroom unit and a gross minimum floor area of 946 square feet for a 2-bedroom dwelling unit, whereas in the CC2 zoning district, the minimum required gross floor area of a 1-bedroom dwelling unit is 850 square feet and 1,100 square feet for a 2-bedroom dwelling unit. 4. The dumpster, trash, and recycling container common area(s) must be screened from view with a 6-foot high wall constructed of masonry matching that found on the main building. The opening to the common area(s) enclosure shall include a door(s) that provides complete screening of the dumpster, trash, or recycling containers at all times except during times when such containers are actively being serviced. 5. Each occupied unit within the multi-family building shall at all times have as a permanent occupant as least one (1) person who is fifty five (55) years of age or older. For the purposes of this ordinance, an occupant shall not be considered a "permanent occupant" within the unit unless such occupant considers the unit to be his or her legal residence and actually resides in the unit for at least six (6) months during every calendar year or such shorter period as the unit is actually occupied by any person. No unit shall be occupied by any person under the age of twenty two (22). For the purposes of this ordinance, a unit shall be deemed to be "occupied" by any person who stays overnight in the unit more than ninety (90) days in any twelve (12) month period. 6. Each occupied unit shall at all times have as a permanent occupant at least one (1) person who is fifty five (55) years of age or older (the "Qualifying Occupant"), except that in the event of the death of a person who was the sole Qualifying Occupant of a unit, persons age twenty two (22) or older who were occupying the unit with such Qualifying Occupant at the time of the death or relocation to a long-term health care facility for medical reasons of the Qualifying Occupant may continue to occupy the unit provided that the provisions of the United States and State of Illinois Fair Housing Acts and the terms and conditions of this Agreement are not otherwise violated by such occupancy. Notwithstanding the foregoing, at all times, at least eighty percent (80%) of the rental units within the entire development shall at all times have as a permanent occupant at least one person who is fifty five (55) years of age or older. 7. Buckeye Community Hope Foundation, or any future owner, operator, and/or assigns of the senior housing facility established by this planned development as a conditional use AUGUST 10, 2016 VOLUME LXXXI 322 shall contract with and shall call and otherwise utilize a qualified private ambulance service to provide for all non-emergency medical transportation to and from the facility. For the purposes of this section, terms shall be defined as provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq. “Emergency” means a medical condition of recent onset and severity that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that urgent or unscheduled medical care is required. (210 ILCS 50/3.5, as amended). “Non- Emergency Medical Services” means medical care or monitoring rendered to patients whose conditions do not meet the definition of an emergency, before or during transportation of such patients to or from health care facilities visited for the purposes of obtaining medical or health care services which are not emergency in nature, using a vehicle regulated by the Emergency Medical Services Systems Act. (210 ILCS 50/3.5, as amended). 8. The development shall be allowed the installation of two free-standing monument graphics, one at each vehicular entrance to the property. Each monument graphic shall be no greater than 40 square feet in surface area, and shall be completely supported on a base constructed of masonry that is permanently anchored to the ground and which shall be wider than the width of the graphic. Each monument graphic shall be provided with a landscaped area located around the base of the monument graphic equal to 2.5 square feet for each square foot of ground graphic area. All other graphics shall conform to the requirements of Chapter 19.50 Street Graphics. 9. Substantial conformance with the Development Application, Statement of Purpose and supporting documentation submitted by Buckeye Community Hope Foundation including the following: a. Development Application submitted by David Petroni of Buckeye Community Hope Foundation dated received on April 22, 2016 b. Owners consent and disclosure prepared and submitted by Thomas M. Hartwell dated April 21, 2016 and Real Estate Purchase and Sale Contract executed on March 4, 2016. c. Statement of Purpose and Conformance prepared by C. M. Lavoie & Associates dated April 20, 2016. 10. Substantial Conformance with the architectural and zoning Exhibits prepared by Hooker DeJong, Inc. Architects, Engineers and Planners, dated March 31, 2016 including the following exhibits, and contingent upon revisions per the Community Development Department, Engineering, Water and Fire Departments: a. Area Tabulations, Sheet PR1.4 b. Floor Plans, Sheets PR1.5 through PR1.8 c. Unit Plans, Sheets PR1.12 through PR1.14 d. Exterior Building and Perspective Elevations, Sheets A4.1 through 4.3; last revised on April 20, 2016 11. Substantial conformance with the Preliminary Engineering Plans entitled “Fox River Crossing” Sheets C1.0-C9.0, dated March 18, 2016 and Preliminary Landscape Plans, Sheet C10.0, dated April 20, 2016 prepared by C.M. Lavoie & Associates, contingent upon revisions per the Community Development Department, Engineering, Water and Fire Departments. VOLUME LXXXI AUGUST 10, 2016 323 12. In the event of any conflict between the foregoing documents in subsections 9, 10 and 11, 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. 13. Compliance with all applicable codes and ordinances. Section 3. Notwithstanding the expiration provisions found within Section 19.60.210 of the Elgin Municipal Code, 1976, as amended, the planned development for a conditional use granted herein shall expire if not established within five (5) years from the date of passage of this ordinance. 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: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 Published: August 12, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made comments on the sales tax estimates and the expenditures of the Foreign Fire Tax Board. Councilmember Shaw made a motion, seconded by Councilmember Steffen, 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, June 13, 2016 Emergency Telephone System Board, June 16, 2016 Fire Pension Fund, January 26, 2016 Foreign Fire Insurance Tax Board, April 5, 2016 Parks and Recreation Board, May 31, 2016 Planning and Zoning Commission, July 5, 2016 AUGUST 10, 2016 VOLUME LXXXI 324 Police Pension Fund, April 20 and June 21, 2016 Committee of the Whole Minutes for June 22, 2016 City Council Minutes for June 22, 2016 Sales Tax Local Sales Tax State Income Tax State Use Tax Electricity Tax Natural Gas Tax Telecommunication Tax June Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant under Law or Ordinance – Exempt Under Section 120/2(c)(3) of the Open Meetings Act Discussion of Minutes of Meetings Lawfully Closed Under This Act – Exempt Under Section 120/2(c)(21) of the Open Meetings Act The meeting adjourned at 7:41p.m. s/ Kimberly Dewis August 24, 2016 Kimberly Dewis, City Clerk Date Approved