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HomeMy WebLinkAboutn - August 24, 2016 CC325 VOLUME LXXXI AUGUST 24, 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 24, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Rabbi Jonathan Kohn, from the Congregation Or Tikvah and the Pledge of Allegiance was led by Robert Siljestrom the Planning and Zoning Commission Chairman. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 10, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve the August 10, 2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Armida Dominguez expressed her support for Shared Harvest Food Co-Op and asked that the city offer their support. Ed Hanson noted his involvement and support for Shared Harvest and asked for the city’s support for this project. James Harvey announced the Flash and Film First Friday being held on September 2, 2016. He also noted there would be a celebration in October for Artspace’s four year anniversary. BID 16-038 AWARDED TO KCOM ENVIRONMENTAL FOR DEMOLITION OF MOOSE PROPERTY There was discussion regarding cost of property, appraisal procedures, and environmental cleanup. AUGUST 24, 2016 VOLUME LXXXI 326 Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve a contract with KCOM Environmental in the amount of $222,200 for the demolition of the former Moose Lodge property at 70 N. State Street. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 16-039 AWARDED TO LAYNE CHRISTENSEN COMPANY FOR DEEP WELL 2 REPAIRS Councilmember Powell made a motion, seconded by Councilmember Martinez, to award a contract to Layne Christensen Company in the amount of $278,451 for the Deep Well 2 Repairs Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. US COMMUNITIES JOINT PURCHASING AGREEMENT AWARDED TO KONE INC. FOR ELEVATOR CODE UPGRADES Councilmember Martinez made a motion, seconded by Councilmember Gavin, to approve contract with KONE Inc. in the amount of $33,360 for elevator upgrades. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 22-16 APPROVED FOR AN APPLICATION BY DAVID HUANG, CONTRACT PURCHASER, REQUESTING APPROVAL OF AN APPLICATION TO REZONE APPROXIMATELY 58 ACRES NEAR THE NORTHWEST CORNER OF RANDALL ROAD AND BIG TIMBER ROAD FROM ORI OFFICE RESEARCH INDUSTRIAL TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL Marc Mylott, Community Development Director, provided an overview of Petition 22-16 which would allow for the rezoning of approximately 58 acres. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was discussion regarding the tree preservation plan and water detention on the property. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 22-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXI AUGUST 24, 2016 327 RESOLUTION 16-118 ADOPTED AUTHORIZING EXECUTION OF ADDENDUM NO. 2 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND CLERICAL/TECHNICAL EMPLOYEE GROUP-SEIU MUNICIPAL DIVISION, LOCAL 73 Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. 16-118 RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM NO. 2 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND CLERICAL/TECHNICAL EMPLOYEE GROUP/SEIU MUNICIPAL DIVISION, LOCAL 73 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 addendum no. 2 to collective bargaining agreement between the City of Elgin and Clerical/Technical Employee Group/SEIU Municipal Division, Local 73, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G39-16 PASSED ESTABLISHING A PAY PLAN FOR THE LOCAL 73, SEIU CLERICAL AND TECHNICAL EMPLOYEE GROUP OF THE CITY OF ELGIN Councilmember Powell made a motion, seconded by Councilmember Dunne, 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 24, 2016 VOLUME LXXXI 328 Ordinance No. G39-16 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE LOCAL 73, SEIU CLERICAL AND TECHNICAL EMPLOYEE GROUP OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved a negotiated settlement reached by the City of Elgin and the Local 73, SEIU Clerical and Technical Employee Group; and WHEREAS, such negotiated settlement includes wages for 2015-2016 and it is therefore necessary to implement a new salary plan for such clerical and technical employee group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2015 there is hereby established the following schedule of standard hourly, annual and monthly salary ranges for the Local 73, SEIU Clerical and Technical Employee Group. Official Clerical and Technical “S” Group Salary Plan Position Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Building Operations Worker 533 $30.2807 $31.6240 $32.9995 $34.4067 $35.8570 $37.2213 Sanitarian $62,984 $65,778 $68,639 $71,566 $74,583 $77,420 Senior Building Inspector $5,249 $5,481 $5,720 $5,964 $6,215 $6,452 Sr. Code Enforcement Offcr Bldg Inspector-Electrical 530 $28.4892 $29.5661 $30.8669 $32.2207 $33.5538 $35.0784 Bldg Inspector-Structural $59,258 $61,498 $64,203 $67,019 $69,792 $72,963 Code Enforcement Offcr $4,938 $5,125 $5,350 $5,585 $5,816 $6,080 Permit Control Officer II Public Safety Telecomm. II 528 $27.3910 $28.4892 $29.5661 $30.8669 $32.2207 $33.5538 $56,973 $59,258 $61,498 $64,203 $67,019 $69,792 $4,748 $4,938 $5,125 $5,350 $5,585 $5,816 Building Maint. Technician 525 $25.7385 $26.7089 $27.8602 $29.0224 $30.2807 $31.6240 Citizen Advocate II $53,536 $55,554 $57,949 $60,366 $62,984 $65,778 $4,461 $4,630 $4,829 $5,031 $5,249 $5,481 VOLUME LXXXI AUGUST 24, 2016 329 Public Safety Telecomm. I 524 $25.1412 $26.2183 $27.3910 $28.4892 $29.5661 $30.8669 $52,294 $54,534 $56,973 $59,258 $61,498 $64,203 $4,358 $4,544 $4,748 $4,938 $5,125 $5,350 Animal Control Officer 523 $24.7013 $25.7601 $26.7815 $27.7878 $28.9892 $30.1982 Citizen Advocate I $51,379 $53,581 $55,705 $57,799 $60,297 $62,812 Lead Jailer $4,282 $4,465 $4,642 $4,817 $5,025 $5,234 Principal Accnt. Clk/Payroll Community Service Officer 522 $24.2165 $25.2547 $26.2563 $27.2428 $28.4207 $29.6063 $50,370 $52,530 $54,613 $56,665 $59,115 $61,581 $4,198 $4,377 $4,551 $4,722 $4,926 $5,132 Court Liaison Officer 521 $23.7443 $24.7575 $25.7385 $26.7089 $27.8602 $29.0224 $49,388 $51,496 $53,536 $55,554 $57,949 $60,366 $4,116 $4,291 $4,461 $4,630 $4,829 $5,031 No Positions 520 $23.2817 $24.2165 $25.2547 $26.2563 $27.2428 $28.4207 $48,426 $50,370 $52,530 $54,613 $56,665 $59,115 $4,035 $4,198 $4,377 $4,551 $4,722 $4,926 Permit Control Officer I 519 $22.8277 $23.7443 $24.7575 $25.7385 $26.7089 $27.8602 Planning Technician $47,482 $49,388 $51,496 $53,536 $55,554 $57,949 $3,957 $4,116 $4,291 $4,461 $4,630 $4,829 Building Maint. Worker 518 $22.1986 $23.2756 $24.1605 $25.1412 $26.2183 $27.3910 Central Serv. Coordinator $46,173 $48,413 $50,254 $52,294 $54,534 $56,973 City Hall Security Officer $3,848 $4,034 $4,188 $4,358 $4,544 $4,748 Stage Technician No Positions 517 $21.6178 $22.6043 $23.6498 $24.7392 $25.8731 $27.0588 $44,965 $47,017 $49,192 $51,458 $53,816 $56,282 $3,747 $3,918 $4,099 $4,288 $4,485 $4,690 Crew Leader - Custodial 516 $21.1909 $22.1636 $23.1836 $24.2510 $25.3658 $26.5283 $44,077 $46,100 $48,222 $50,442 $52,761 $55,179 $3,673 $3,842 $4,018 $4,204 $4,397 $4,598 AUGUST 24, 2016 VOLUME LXXXI 330 No Positions 515 $20.8766 $21.8466 $22.8277 $23.7443 $24.7575 $25.7385 $43,423 $45,441 $47,482 $49,388 $51,496 $53,536 $3,619 $3,787 $3,957 $4,116 $4,291 $4,461 Preventative Maint. Tech 514 $20.5567 $21.4310 $22.1986 $23.2756 $24.1605 $25.1412 $42,758 $44,576 $46,173 $48,413 $50,254 $52,294 $3,563 $3,715 $3,848 $4,034 $4,188 $4,358 No Positions 513 $20.1089 $20.8766 $21.8466 $22.8277 $23.7443 $24.7575 $41,827 $43,423 $45,441 $47,482 $49,388 $51,496 $3,486 $3,619 $3,787 $3,957 $4,116 $4,291 Clerk Typist II 511 $19.3622 $20.1089 $20.8766 $21.8466 $22.8277 $23.7443 Customer Service Clerk $40,273 $41,827 $43,423 $45,441 $47,482 $49,388 Police Records Clerk $3,356 $3,486 $3,619 $3,787 $3,957 $4,116 Purchase Order Admin. Secretary Records Clerk 509 $18.5737 $19.3622 $20.1089 $20.8766 $21.8466 $22.8277 Bilingual Clerk Typist $38,633 $40,273 $41,827 $43,423 $45,441 $47,482 $3,219 $3,356 $3,486 $3,619 $3,787 $3,957 Bldg Maint. Clerk Typist 506 $17.4855 $18.3068 $18.8825 $19.7891 $20.5567 $21.4310 Clerk Typist $36,370 $38,078 $39,276 $41,161 $42,758 $44,576 $3,031 $3,173 $3,273 $3,430 $3,563 $3,715 Section 2. That effective January 1, 2016 there is hereby established the following schedule of standard hourly, annual and monthly salary ranges for the Local 73, SEIU Clerical and Technical Employee Group. Official Clerical and Technical “S” Group Salary Plan Position Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Building Operations Worker 533 $31.0377 $32.4146 $33.8245 $35.2669 $36.7534 $38.1519 Sanitarian $64,558 $67,422 $70,355 $73,355 $76,447 $79,356 Senior Building Inspector $5,380 $5,619 $5,863 $6,113 $6,371 $6,613 Sr. Code Enforcement Offcr VOLUME LXXXI AUGUST 24, 2016 331 Bldg Inspector-Electrical 530 $29.2014 $30.3053 $31.6386 $33.0262 $34.3926 $35.9553 Bldg Inspector-Structural $60,739 $63,035 $65,808 $68,695 $71,537 $74,787 Code Enforcement Officer $5,062 $5,253 $5,484 $5,725 $5,961 $6,232 Permit Control Officer II Public Safety Telecomm. II 528 $28.0758 $29.2014 $30.3053 $31.6386 $33.0262 $34.3926 $58,398 $60,739 $63,035 $65,808 $68,695 $71,537 $4,866 $5,062 $5,253 $5,484 $5,725 $5,961 Building Maint. Technician 525 $26.3820 $27.3766 $28.5567 $29.7479 $31.0377 $32.4146 Citizen Advocate II $54,875 $56,943 $59,398 $61,876 $64,558 $67,422 $4,573 $4,745 $4,950 $5,156 $5,380 $5,619 Public Safety Telecomm. I 524 $25.7697 $26.8737 $28.0758 $29.2014 $30.3053 $31.6386 $53,601 $55,897 $58,398 $60,739 $63,035 $65,808 $4,467 $4,658 $4,866 $5,062 $5,253 $5,484 Animal Control Officer 523 $25.3188 $26.4041 $27.4510 $28.4825 $29.7139 $30.9532 Citizen Advocate I $52,663 $54,920 $57,098 $59,244 $61,805 $64,383 Lead Jailer $4,389 $4,577 $4,758 $4,937 $5,150 $5,365 Principal Accnt. Clk/Payroll Community Service Officer 522 $24.8219 $25.8861 $26.9127 $27.9239 $29.1312 $30.3465 $51,630 $53,843 $55,978 $58,082 $60,593 $63,121 $4,302 $4,487 $4,665 $4,840 $5,049 $5,260 Court Liaison Officer 521 $24.3380 $25.3764 $26.3820 $27.3766 $28.5567 $29.7479 $50,623 $52,783 $54,875 $56,943 $59,398 $61,876 $4,219 $4,399 $4,573 $4,745 $4,950 $5,156 No Positions 520 $23.8637 $24.8219 $25.8861 $26.9127 $27.9239 $29.1312 $49,637 $51,630 $53,843 $55,978 $58,082 $60,593 $4,136 $4,302 $4,487 $4,665 $4,840 $5,049 Permit Control Officer I 519 $23.3984 $24.3380 $25.3764 $26.3820 $27.3766 $28.5567 Planning Technician $48,669 $50,623 $52,783 $54,875 $56,943 $59,398 $4,056 $4,219 $4,399 $4,573 $4,745 $4,950 AUGUST 24, 2016 VOLUME LXXXI 332 Building Maint. Worker 518 $22.7536 $23.8575 $24.7645 $25.7697 $26.8737 $28.0758 Central Serv. Coordinator $47,327 $49,624 $51,510 $53,601 $55,897 $58,398 City Hall Security Officer $3,944 $4,135 $4,293 $4,467 $4,658 $4,866 Stage Technician No Positions 517 $22.1582 $23.1694 $24.2411 $25.3577 $26.5200 $27.7352 $46,089 $48,192 $50,421 $52,744 $55,162 $57,689 $3,841 $4,016 $4,202 $4,395 $4,597 $4,807 Crew Leader - Custodial 516 $21.7206 $22.7176 $23.7631 $24.8572 $25.9999 $27.1915 $45,179 $47,253 $49,427 $51,703 $54,080 $56,558 $3,765 $3,938 $4,119 $4,309 $4,507 $4,713 No Positions 515 $21.3985 $22.3928 $23.3984 $24.3380 $25.3764 $26.3820 $44,509 $46,577 $48,669 $50,623 $52,783 $54,875 $3,709 $3,881 $4,056 $4,219 $4,399 $4,573 Preventative Maint. Tech 514 $21.0707 $21.9667 $22.7536 $23.8575 $24.7645 $25.7697 $43,827 $45,691 $47,327 $49,624 $51,510 $53,601 $3,652 $3,808 $3,944 $4,135 $4,293 $4,467 No Positions 513 $20.6117 $21.3985 $22.3928 $23.3984 $24.3380 $25.3764 $42,872 $44,509 $46,577 $48,669 $50,623 $52,783 $3,573 $3,709 $3,881 $4,056 $4,219 $4,399 Clerk Typist II 511 $19.8463 $20.6117 $21.3985 $22.3928 $23.3984 $24.3380 Customer Service Clerk $41,280 $42,872 $44,509 $46,577 $48,669 $50,623 Police Records Clerk $3,440 $3,573 $3,709 $3,881 $4,056 $4,219 Purchase Order Admin. Secretary Records Clerk 509 $19.0380 $19.8463 $20.6117 $21.3985 $22.3928 $23.3984 Bilingual Clerk Typist $39,599 $41,280 $42,872 $44,509 $46,577 $48,669 $3,300 $3,440 $3,573 $3,709 $3,881 $4,056 Bldg Maint. Clerk Typist 506 $17.9226 $18.7645 $19.3546 $20.2839 $21.0707 $21.9667 Clerk Typist $37,279 $39,030 $40,257 $42,190 $43,827 $45,691 $3,107 $3,253 $3,355 $3,516 $3,652 $3,808 VOLUME LXXXI AUGUST 24, 2016 333 Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2015, upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Passed: August 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: August 24, 2016 Published: August 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass Ordinance Nos. G36-16 through G38-16 and adopt Resolution Nos. 16-109 through 16-117 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-109 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION AND FIELD INSPECTION SERVICES FOR JULY 2016 TO JUNE 2017 IN CONNECTION WITH THE 2014 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. AUGUST 24, 2016 VOLUME LXXXI 334 Resolution No. 16-109 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION AND FIELD INSPECTION SERVICES FOR JULY 2016 TO JUNE 2017 IN CONNECTION WITH THE 2014 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT 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 Amendment Agreement No. 2 on behalf of the City of Elgin with R.K. Johnson & Associates, Inc. for engineering, permit compliance, report preparation and field inspection services for July 2016 to July 2017 in connection with the 2014 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-110 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT FOR CONSTRUCTION OF A SLUDGE TRANSFER MAIN IN CONNECTION WITH THE SLUDGE TRANSFER MAIN PROJECT Councilmember Powell made a motion, seconded by Councilmember Dunne, 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 24, 2016 335 Resolution No. 16-110 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT FOR CONSTRUCTION OF A SLUDGE TRANSFER MAIN IN CONNECTION WITH THE SLUDGE TRANSFER MAIN PROJECT 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 Intergovernmental Agreement with Fox River Water Reclamation District on behalf of the City of Elgin for construction of a sludge transfer main in connection with the Sludge Transfer Main Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-111 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT FOR SANITARY SEWER PURPOSES IN CONNECTION WITH THE SLUDGE TRANSFER MAIN PROJECT (NORTHERN BOUNDARY OF THE CITY OF ELGIN'S SPORTS COMPLEX PROPERTY) Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. AUGUST 24, 2016 VOLUME LXXXI 336 Resolution No. 16-111 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT FOR SANITARY SEWER PURPOSES IN CONNECTION WITH THE SLUDGE TRANSFER MAIN PROJECT (Northern Boundary of the City of Elgin's Sports Complex Property) 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 with Fox River Water Reclamation District for sanitary sewer purposes in connection with the Sludge Transfer Main Project for the property legally described on Exhibit A of said easement agreement, 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: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-112 ADOPTED APPROVING FINAL PLAT OF RESUBDIVISION FOR LOT 2 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION Councilmember Powell made a motion, seconded by Councilmember Dunne, 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 24, 2016 337 Resolution No. 16-112 RESOLUTION APPROVING FINAL PLAT OF RESUBDIVISION FOR LOT 2 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat of resubdivision prepared by Atwell, LLC dated November 20, 2015, last revised July 7, 2016, for Lot 2 of the Elgin Wal-Mart/Sam's Club Subdivision. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-113 ADOPTED APPROVING FINAL PLAT FOR 1ST RESUBDIVISION OF LOT 1 OF WOODBRIDGE NORTH COMMERCIAL SUBDIVISION (821 SOUTH RANDALL ROAD) Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 16-113 RESOLUTION APPROVING FINAL PLAT FOR 1ST RESUBDIVISION OF LOT 1 OF WOODBRIDGE NORTH COMMERCIAL SUBDIVISION (821 South Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by McBride Engineering, Inc. dated June 3, 2016, AUGUST 24, 2016 VOLUME LXXXI 338 last revised August 9, 2016, for 1st Resubdivision of Lot 1 of Woodbridge North Commercial Subdivision, 821 South Randall Road. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-114 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 16-114 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXXI AUGUST 24, 2016 339 Section 1. The executive session minutes for the period from January, 2016 through June, 2016 are hereby approved as set forth in Exhibit A. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. The executive session minutes or the portions thereof set forth on the attached Exhibit C no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 4. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-115 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 16-115 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Karen Beyer, Jay Cox and Loretta Revesz be and are hereby reappointed as members of the Planning and Zoning Commission for a term to expire July 1, 2019. AUGUST 24, 2016 VOLUME LXXXI 340 BE IT FURTHER RESOLVED that Laura Blobaum Knoerr and Melissa Hernandez be and are hereby reappointed as a member of the Sustainability Commission for a term to expire May 1, 2019. BE IT FURTHER RESOLVED that Herbert Gross be and is hereby reappointed as a member of the Image Advisory Commission for a term to expire May 1, 2019. BE IT FURTHER RESOLVED that Michele Campbell and Parker Thompson be and are hereby appointed as members of the Bicycle and Pedestrian Advisory Committee for a term to expire September 30, 2018. BE IT FURTHER RESOLVED that Brian Anderson and John Marston be and are hereby appointed as members of the Heritage Commission for a term to expire May 1, 2017. BE IT FURTHER RESOLVED that Kimberly Bauer be and is hereby appointed as a member of the Heritage Commission for a term to expire May 1, 2019. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-116 ADOPTED APPROVING THE CONCEPTUAL DESIGN CONFIGURATION FOR A ROUNDABOUT AT THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION Councilmember Powell made a motion, seconded by Councilmember Dunne, 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 24, 2016 341 Resolution No. 16-116 RESOLUTION APPROVING THE CONCEPTUAL DESIGN CONFIGURATION FOR A ROUNDABOUT AT THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION WHEREAS, the City of Elgin (hereinafter referred to as “the City”) is a home rule unit and as a home rule unit may exercise any power and preform any function pertaining to its government and affairs; and WHEREAS, the location and design of streets and the traffic thereon, including but not limited to this resolution approving the conceptual design configuration of a roundabout at the U.S. Route 20 and Reinking Road intersection (hereinafter referred to as “the Roundabout”), pertain to the government and affairs of the City; and WHEREAS, the City has previously entered into an intergovernmental agreement with the Village of Pingree Grove (hereinafter referred to as “the Village”) pertaining to jurisdiction over Reinking Road and Highland Avenue as the boundaries of the two municipalities, and the City and the Village wish to cooperatively undertake projects that benefit the residents of both communities via intergovernmental cooperation intended to promote fiscal responsibility and efficiency; and WHEREAS, the U.S. Route 20 and Reinking Road intersection (hereinafter referred to as “the Intersection”) has been proposed to be redesigned and reconstructed as a roundabout to best manage traffic flow through the Intersection; and WHEREAS, the current design of the Intersection has been a contributing factor to a number of serious automobile accidents over a period of decades, including a recent fatality involving a child; and WHEREAS, the design of the Intersection and continuing access afforded by the presence of U.S. Route 20 is critical to the growth and development of the City and the fiscal success of the commercial zoning located within the City; and WHEREAS, the Village has previously applied for and received grant funding from the Kane/Kendall Council of Mayors as an STP Road Project for the revision of the Intersection and reconstruction of Reinking Road, and the Village wishes to expand such funding to encompass the Roundabout; and WHEREAS, the City Council of the City of Elgin finds that the Roundabout is a superior design approach for the Intersection as compared to a T-intersection, and the Roundabout will promote and protect the public health, safety, and welfare; and WHEREAS, staff from the Illinois Department of Transportation (hereinafter referred to as “IDOT”) prepared the initial conceptual designs for the Roundabout, and IDOT staff advised the City and the Village that the Roundabout, with its ability to expand, showed acceptable levels of service; and AUGUST 24, 2016 VOLUME LXXXI 342 WHEREAS, the City Council of the City of Elgin is hopeful that support for the Roundabout will cause IDOT to amend its 2002 Strategic Regional Arterial Study of U.S. Route 20 from Randall Road to the Boone-McHenry County line, specifically to remove and no longer consider a realignment of U.S. Route 20 south of the Pingree Creek subdivision, which essentially would create a direct connection between the U.S. Route 20 and Switzer Road intersection and the U.S. Route 20 and Marshall Road intersection (see Exhibit B); and WHEREAS, the City has annexed and approved commercial and residential zoning adjacent to U.S. Route 20 and the Intersection; and WHEREAS, the Village has undertaken efforts to revitalize and increase economic development within its historic downtown and the construction of the Roundabout benefits both communities and is an ideal opportunity for intergovernmental cooperation; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council hereby formally expresses its support for: 1. The Roundabout as contemplated within Exhibit A, to also include a 4th ingress/egress “leg” to the east and subject to other revisions as shall be necessary for engineering purposes and to accommodate local property owners; and 2. The City and Village's joint solicitation of formal support from IDOT and for state funding for the Roundabout; and 3. The City and Village's joint solicitation of expanded STP funding from the Kane/Kendall Council of Mayors for the Roundabout; and 4. The continued staff exploration and refinement of the proposed design; and, 5. Such other efforts as shall be necessary to enable this project to be fully evaluated and implemented, including the future execution of an intergovernmental agreement with the Village establishing the manner in which the City, the Village, the developer of the Pingree Creek subdivision, and/or others may jointly contribute towards the costs of construction, provided however that the approval of any contracts or agreements shall require the separate, express approval of the City Council. BE IT FURTHER RESOLVED that all resolutions or portions thereof in conflict with this resolution are hereby repealed, amended to be consistent with this resolution, or superseded by this resolution. BE IT FURTHER RESOLVED that should any provision of this resolution be declared invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect the same as if the invalid provision had not been a part of this resolution. VOLUME LXXXI AUGUST 24, 2016 343 BE IT FURTHER RESOLVED that this resolution shall be in full force and effect on and after its approval, as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-117 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 16-117 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Amanda Bruce, Case No. 15 WC 31047, in the total amount of $49,644.83 is approved. BE IT FURTHER RESOLVED that the proposed settlement of the pending workers' compensation case of Tom Wolek, Case No. 15 WC 197, in the total amount of $57,276.13 is approved. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 24, 2016 VOLUME LXXXI 344 Presented: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G36-16 PASSED GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2701 GALVIN DRIVE) Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. G36-16 AN ORDINANCE GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2701 Galvin Drive) WHEREAS, written application has been made to reclassify certain property located at 2701 Galvin Drive, which property is legally described herein (the “Subject Property”), from AB Area Business District to PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on July 5, 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 preform any function pertaining to its government and affairs; and VOLUME LXXXI AUGUST 24, 2016 345 WHEREAS, zoning, including but not limited to, this ordinance approving a planned development and granting the departures below from the Elgin Zoning Ordinance, 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 July 5, 2016, 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 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 WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 89 DEGREES 35 MINUTES 11 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 962.02 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 03 SECONDS EAST ALONG A LINE PARALLEL WITH AND 375.00 FEET WEST OF THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER, A DISTANCE OF 54.38 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 72 (HIGGINS ROAD) AS DEDICATED PER DOCUMENT 97K058994 AND 97K058995 AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 03 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 1089.45 FEET TO THE NORTH LINE OF A 41 FOOT RIGHT-OF-WAY DEDICATED PER DOCUMENT 2015K063352; THENCE SOUTH 89 DEGREES 45 MINUTES 59 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 892.09 FEET TO THE EAST RIGHT-OF-WAY LINE OF GALVIN DRIVE AS DEDICATED PER DOCUMENT 96K081139; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY OF GALVIN DRIVE FOR THE FOLLOWING 5 COURSES: 1) THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS WEST, A DISTANCE OF 238.60 FEET TO A POINT OF CURVATURE; 2) THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS 760.00 FEET SUBTENDING A CHORD BEARING NORTH 09 DEGREES 36 MINUTES 53 SECONDS EAST, AN ARC DISTANCE OF 261.63 FEET TO A POINT OF TANGENCY; 3) THENCE NORTH 19 DEGREES 28 MINUTES 37 SECONDS EAST, A DISTANCE OF AUGUST 24, 2016 VOLUME LXXXI 346 185.20 FEET TO A POINT OF CURVATURE; 4) THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 847.50 FEET SUBTENDING A CHORD BEARING NORTH 09 DEGREES 31 MINUTES 51 SECONDS EAST, AN ARC DISTANCE OF 294.23 FEET TO A POINT OF TANGENCY; 5) THENCE NORTH 00 DEGREES 24 MINUTES 54 SECONDS WEST, A DISTANCE OF 129.15 FEET TO THE SOUTH RIGHT- OF-WAY LINE OF SAID ILLINOIS ROUTE 72 (HIGGINS ROAD); THENCE NORTH 89 DEGREES 35 MINUTES 11 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 739.40 FEET TO SAID PARALLEL LINE AND THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS (WHICH PROPERTY IS COMMONLY REFERRED TO AS 2701 GALVIN DRIVE AND BY KANE COUNTY PARCEL IDENTIFICATION NUMBER 03-19-400-026). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB Area Business District to PORI Planned Office Research Industrial District for the property commonly referred to as 2701 Galvin Drive, which is legally described above, and 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, Planned Developments, of the Elgin Municipal Code, as amended. 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. 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, of the Elgin Municipal Code, as amended. 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 VOLUME LXXXI AUGUST 24, 2016 347 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 use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PORI Planned Office Research Industrial District, except for those land uses which are prohibited within an arterial road corridor overlay district as provided for within Section 19.15.520, Land Uses, of the Elgin Municipal Code, as amended: 1. Permitted Uses. Those land uses enumerated as permitted uses within the ORI Office Research Industrial District, Section 19.40.130 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be the only land uses allowed as a permitted use in this PORI Planned Office Research Industrial District: a. Services division: Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Coin operated laundries and dry cleaning (7215). Garment pressing, and agents for laundries and dry cleaners (7212). Laundry collecting and distributing outlets (7211). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Photographic studios, portrait (722). Radio and television repair shops (7622). Shoe repair shops and shoeshine parlors (725). Videotape rental (784). b. Retail trade division: Apparel and accessory stores (56). Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Building materials, hardware and garden supply (52). Carryout restaurants (5812). Convenience food stores, operated on a twenty four (24) hour basis (5411). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). AUGUST 24, 2016 VOLUME LXXXI 348 Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). Motor vehicle dealers (5511, 5551, 5561, 5571). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). c. Agricultural division: Dog grooming (0752). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). d. Construction division: Permanent contractor’s office with associated shop/production area and material and equipment storage, provided that all such activities take place within an enclosed building; no outdoor storage is permitted. e. Manufacturing division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). f. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the above-listed permitted uses, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the above-listed permitted uses, subject to the provisions of section 19.10.400 of this title. "Drive-through facilities" [SR], subject to the provisions of chapter 19.45 of this title. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to an above- listed permitted use, subject to the provisions of chapter 19.47 of this title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to an above-listed permitted use, subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to an above- VOLUME LXXXI AUGUST 24, 2016 349 listed permitted use, subject to the provisions of chapter 19.45 of this title. 2. Conditional Uses. Those land uses enumerated as conditional uses within the ORI Office Research Industrial District, Section 19.40.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be the only land uses allowed as a conditional use in this PORI Planned Office Research Industrial District: a. Services division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Bowling centers (7933). "Car washes" [SR] (7542). Dance studios and schools (791). Drive-in motion picture theaters (7833). Funeral service (726). Membership organizations (86). Membership sports and recreation clubs (7997). Motion picture theaters (7832). "Motor vehicle repair shops” [SR] (753), but only as part of a Motor vehicle dealer (5511). Other schools and educational services (829). Physical fitness facilities (7991). b. Retail trade division: Drive-in restaurants (5812). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). c. Agricultural division: "Kennels" [SR] (0752). d. Wholesale trade division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). e. Transportation, communication, and utilities division: Courier services (4215). f. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the above-listed conditional uses, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the above-listed conditional uses, subject to the provisions of section 19.10.400 of this title. AUGUST 24, 2016 VOLUME LXXXI 350 3. Similar Uses. Those land uses enumerated as similar uses within the ORI Office Research Industrial District, Section 19.40.130 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be subject to classification as a permitted use or a conditional use in this PORI Planned Office Research Industrial District or in a less restrictive zoning district, pursuant to Subsection 19.10.400 H., Classification of Land Uses, of the Elgin Municipal Code, as amended: Wholesale trade division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 4. Prohibited Uses by ARC Arterial Road Corridor Overlay District. Notwithstanding inclusion within subsection F. 1., F. 2., or F. 3. above, those land uses which are prohibited within the ARC Arterial Road Corridor Overlay District as provided for within Chapter 19.15.520 Land Uses, of the Elgin Municipal Code, as amended, are prohibited within this PORI Planned Office Research Industrial District. 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, and the site design regulations shall be as follows: a. Zoning Lots; Generally: "Zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots, Clarifications and Exceptions, of the Elgin Municipal Code, as amended. b. Lot Area: The minimum required "zoning lot area" [SR] shall be forty thousand (40,000) square feet. c. Lot Width: The minimum required lot width for a zoning lot shall be two hundred (200) linear feet. d. Setbacks; Generally: "Setbacks" [SR] shall be subject to the provisions of Section 19.12.400, Setbacks, Clarifications and Exceptions, of the Elgin Municipal Code, as amended. e. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be as follows: a. Building Setbacks: VOLUME LXXXI AUGUST 24, 2016 351 i. Street Setback: Street setbacks shall be as follows: 1. Route 72/Higgins Road: Where a zoning lot has frontage on Route 72/Higgins Road, the minimum required building setback from that "street lot line" [SR] shall be ninety (90) feet. In the event it is determined that a right- of-way dedication is required from the Subject Property along Route 72/Higgins Road, which has the effect of widening the Route 72/Higgins Road right-of-way, this building setback may be measured from the Route 72/Higgins Road lot line (or the north lot line of the Subject Property) as it is shown upon the Alta/NSPS Land Title Survey, dated June 6, 2016, submitted as a required document with the application for map amendment. 2. Galvin Drive: Where a zoning lot has frontage on Galvin Drive, the minimum required building setback from that "street lot line" [SR] north of the centerline of the Galvin Drive and Spectrum Drive intersection shall be forty-five (45) feet. Where a zoning lot has frontage on Galvin Drive, the minimum required building setback from that "street lot line" [SR] south of the centerline of the Galvin Drive and Spectrum Drive intersection shall be one hundred and fifty six (156) feet. As the west lot line of the Subject Property has a curve near the centerline of the Galvin Drive and Spectrum Drive intersection, the development administrator may reduce the one hundred and fifty six (156) foot setback to one hundred (100) feet in proximity to this intersection to accommodate a building that provides the required one hundred and fifty six (156) foot setback from the Galvin Drive “street lot line” [SR] at the southern end of the Subject Property. 3. Future Busse Parkway: Where a zoning lot has frontage along the southern lot line of the Subject Property, the minimum required building setback from that "street lot line" [SR] shall be one hundred and thirty six (136) feet. ii. Interior Setback: The minimum required building setback from an "interior lot line" [SR] is twenty (20) feet. b. Vehicle Use Area Setbacks: i. Street Setback: Street setbacks shall be as follows: AUGUST 24, 2016 VOLUME LXXXI 352 1. Route 72/Higgins Road: Where a zoning lot has frontage on Route 72/Higgins Road, the minimum required vehicle use area setback from that "street lot line" [SR] shall be forty two (42) linear feet. In the event it is determined that a right-of-way dedication is required from the Subject Property along Route 72/Higgins Road, which has the effect of widening the Route 72/Higgins Road right-of-way, this vehicle use area setback may be measured from the Route 72/Higgins Road lot line (or the north lot line of the Subject Property) as it is shown upon the Alta/NSPS Land Title Survey, dated June 6, 2016, submitted as a required document with the application for map amendment. 2. Galvin Drive: Where a zoning lot has frontage on Galvin Drive, the minimum required vehicle use area setback from that "street lot line" [SR] shall be forty three (43) feet. 3. Future Busse Parkway: Where a zoning lot has frontage along the southern lot line of the Subject Property, the minimum required vehicle use area setback from that "street lot line" [SR], shall be twenty eight (28) linear feet. ii. Interior Setback: The minimum required vehicle use area setback from an "interior lot line" [SR] is six (6) feet. f. Accessory Structures and Buildings: "Accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Municipal Code, as amended. g. Yards; Generally: A "street yard" [SR], a "side yard" [SR], a "rear yard" [SR], or a "transition yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Municipal Code, as amended. h. Landscape Yards: Landscape yards shall be as follows: a. Vehicle Use Area Landscape Yards: The yards established by vehicle use area setbacks shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Section 19.45.110, Access Driveways to a Public Right of Way, and Section 19.45.120, Size of Driveways, of the Elgin Municipal Code, as amended. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping, et seq., of the Elgin VOLUME LXXXI AUGUST 24, 2016 353 Municipal Code, as amended, except along any Vehicle Use Area Landscape Yard required along the southern lot line of the Subject Property. Within this yard, the landscaping and berming shall substantially conform to the landscaping and berming approved along the north lot line of 2601 Galvin Drive; the landscape plan for which is attached hereto as Exhibit B. b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds five thousand (5,000) square feet in area, subject to the provisions of Section 19.12.700, Landscaping, et seq., of the Elgin Municipal Code, as amended. i. Floor Area Ratio: The maximum "Floor area ratio" [SR] for a zoning lot shall be 1.00. j. Building Coverage Ratio: The maximum "Building coverage ratio" [SR] for a zoning lot shall be 0.70. k. Additional Site Design Requirements: The development of land and structures shall conform with the following: a. Site Plan and Architectural Review and Design Required. Within this PORI Planned Office Research Industrial District, compliance with Chapter 19.14, Architectural Review and Design, of the Elgin Municipal Code, as amended, is required. b. Separation of Purely AB Uses. No permitted, conditional, or similar additional enumerated land use, as listed within Subsection F. 1., 2., or 3. of this Section 3, shall be located within the same building as either a permitted, conditional, or similar land use listed within the ORI Office Research Industrial District, Section 19.40.130 A., B., and C. respectively, Land Use, ORI Office Research Industrial District, of the Elgin Municipal Code, as it may be amended from time to time. c. No Loading Docks, Berths, or Doors Along Route 72/Higgins Road or Galvin Drive. No “loading facility” [SR] shall be located between a “building” [SR] and a “street lot line” [SR] along Route 72/Higgins Road or Galvin Drive. Similarly, doors appurtenant to a “loading facility” [SR] or other like building feature shall not be located along a façade of a “building” [SR] facing a “street lot line” [SR] created by Route 72/Higgins Road or Galvin Drive. d. No Access to Route 72/Higgins Road. In accordance with Ordinance G4-97, which established the zoning for the Subject Property, no access AUGUST 24, 2016 VOLUME LXXXI 354 to Route 72/Higgins Road is permitted, rather all access must come from Galvin Drive and/or Busse Parkway. e. Construction of Busse Parkway. In accordance with Resolution 08-74, in conjunction with the development of this Subject Property, the owner/developer of the Subject Property must build Busse Parkway along the southern border, from Galvin Drive east to the edge of the property. f. Dedication of Right of Way. Prior to the issuance of a building permit for construction upon the Subject Property, the owner of the Subject Property shall dedicate or convey to the Illinois Department of Transportation at no cost a triangular piece of property from the northwest corner of the Subject Property. The triangle shall be established by measuring 25 feet east and 25 feet south from the northwest corner of the Subject Property and connecting those two end points with a straight line. The right of way is necessary to accommodate future improvements to the Route 72/Higgins Road and Galvin Drive intersection. g. Tree Preservation. The owner/developer of the Subject Property shall neither remove nor request the removal of the single large Cottonwood Tree located within the Route 72/Higgins Road right of way; said tree identified within the circle within Exhibit C which is attached hereto. More so, the owner/developer shall install the tree preservation measures required by the zoning ordinance around said tree prior to any site work. h. Irrigation Requirement. The owner/developer of the Subject Property shall install, use, and maintain in good working order a landscape irrigation system to ensure covered landscape material remains lush and vibrant during warm-weather months. Specifically, said system shall cover any tree, bush, or landscape area located within 125 feet of any entrance to a building facing and visible from Route 72/Higgins Road, Galvin Drive, or Busse Parkway intended to be used by the general public or employees. This requirement is intended to only cover that material located generally along a building, not into or across an adjacent parking lot. The Development Administrator shall determine the final location of said irrigation system. i. Development Application. The development of land and structures shall be in substantial conformance with the Development Application and supporting documents submitted by the applicant including the “Statement of Purpose and Conformance for Map Amendment for Planned Development” dated received February 19, 2016. In the event of any conflict between the foregoing documents and the provisions of VOLUME LXXXI AUGUST 24, 2016 355 this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. j. 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, except that the number of off-street parking spaces for manufacturing, warehousing and storage land uses shall be provided at the rate of 1 stall per 1.5 employees based on the peak demand shift or 1 stall per 1,500 square feet of floor area, whichever is greater. Where parking is provided at the 1 stall per 1,500 square foot of floor area rate, the application for building permit must include a site plan which shows that additional parking could be installed within a conforming location(s) on the site at a rate of 1 stall per 1,000 square feet of floor area, and stormwater facilities shall be designed and built as if these “banked” parking spaces were installed. 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, of the Elgin Municipal Code, as amended. J. Signs. In this PORI Planned Office Research Industrial District, signs shall be subject to the provisions of 19.50, Street Graphics, of the Elgin Municipal Code, as amended. 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, of the Elgin Municipal Code, as amended. 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, of the Elgin Municipal Code, as amended. 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, of the Elgin Municipal Code, as amended. 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 AUGUST 24, 2016 VOLUME LXXXI 356 subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as amended. Section 4. In the event of any conflict between this ordinance and the allowances and departures described or depicted therein, and the provisions of the Elgin Zoning Ordinance, this ordinance and associated documents shall control and prevail. In the event of any conflict between this ordinance and the associated documents referenced therein, except Ordinance G4-97 and Resolution 08-74, this ordinance shall control and prevail. Section 5. 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 24, 2016 Passed: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 24, 2016 Published: August 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G37-16 PASSED GRANTING DEVELOPMENT PLAN APPROVAL (RETAIL BUILDING AT PROPOSED LOT 4 OF THE RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION AT 1000 S. RANDALL ROAD) Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. G37-16 AN ORDINANCE GRANTING DEVELOPMENT PLAN APPROVAL (Retail Building at Proposed Lot 4 of the Resubdivision of Lot 2 of the Elgin Wal-Mart/Sam’s Club Subdivision at 1000 S. Randall Road) WHEREAS, the territory described herein has been previously classified in the PAB Planned Area Business District pursuant to Ordinance No. G114-06; and VOLUME LXXXI AUGUST 24, 2016 357 WHEREAS, by adopting Ordinance No. G32-10 on July 14, 2010, the City Council of the City of Elgin, Illinois (hereinafter “the City Council”) amended Ordinance No. G114-06 in its entirety; and WHEREAS, by adopting Ordinance No. G6-16 on February 24, 2016, the City Council amended the permitted and conditional land use provisions of Ordinance No. G32-10; and WHEREAS, Ordinance No. G32-10 requires that building and building additions other than the Wal-Mart and Sam’s Club building submit a development plan for a public hearing and approval by the City Council pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended; and WHEREAS, the City Council has approved Petition 26-15, one element of which was the resubdivision Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision at 1000 South Randall Road into five lots; and WHEREAS, written application has been made requesting development plan approval as required by Ordinance No. G32-10 for the proposed Lot 4 within the resubdivision of Lot 2 of the Elgin Wal-Mart/Sam’s Club Subdivision, which Lot 4 is legally described herein; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on July 5, 2016; 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 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 development plan approval pursuant to the process required for a planned development as required by PAB Planned Development Ordinance G32-10, pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLIN OIS: Section 1. That the City Council hereby adopts the Findings of Fact, dated July 5, 2016, and the recommendations made by the Community Development Department and the AUGUST 24, 2016 VOLUME LXXXI 358 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 development plan, for an approximately 7,600 square-foot, multi- tenant retail building on proposed Lot 4 within the resubdivision of Lot 2 of the Elgin Wal- Mart/Sam’s Club Subdivision, be and is hereby granted, where said Lot 4 is the following legally described parcel: THAT PART OF LOT 2 OF ELGIN WAL-MART/SAM'S CLUB SUBDIVISION, BEING PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS DOCUMENT NUMBER 2011K073547 IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N00°55'34"W 556.53 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE S89°04'26"W 204.22 FEET TO THE WEST LINE OF SAID LOT 2; THENCE N01°04'22"W 206.33 FEET ALONG THE WEST LINE OF SAID LOT 2; THENCE 58.92 FEET ALONG THE ARC OF A 195.00 FOOT RADIUS CIRCULAR CURVE TO THE LEFT, WITH A CHORD BEARING N09°43'43"W 58.70 FEET ALONG THE WEST LINE OF SAID LOT 2; THENCE N89°04'26"E 213.73 FEET TO THE EAST LINE OF SAID LOT 2; THENCE S00°55'34"E 264.33 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE POINT OF BEGINNING, CONTAINING 1.24 ACRES OF LAND, MORE OR LESS. and said approval is subject to the following conditions: 1. Substantial conformance to the development application and attached documentation dated received May 24, 2016, prepared by Philip J. Salerno II of Clingen Callow & McLean, LLC, attorney for Richport Property, LLC – S. Randall Outlot and including the following documents: a. Consent and Disclosure; and b. Statement of Purpose and Conformance. 2. Substantial conformance to the ALTA/ACSM Land Title Survey of Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision prepared by TFW Surveying and Mapping, Inc. dated December 24, 2014 and last revised on February 12, 2015. 3. Substantial conformance to the development plans as they relate to the development of this Lot 4 for the construction of the new multi-tenant retail building including the following documents: a. Site Plan prepared by ARCON dated May 20, 2016; b. Building Floor Plan, Material Schedule, and two sheets of Elevations prepared by ARCON dated May 20, 2016; VOLUME LXXXI AUGUST 24, 2016 359 c. Landscape Plan prepared by Atwell dated May 20, 2016 and as that plan is amended by the plan titled “Necessary Changes to the Site and Landscape Plan” dated June 22, 2016; d. Monument graphics exhibit prepared by Olympic Signs page 1 of 1 dated May 17, 2016; and e. Electrical Site Photometric Plan and specifications prepared by ARCON dated May 201, 2016. 4. Outdoor eating and drinking areas shall be enclosed by a minimum 3-foot wrought iron or aluminum open fencing. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is required. 5. Compliance with all applicable codes and ordinances. Section 3. That except as amended herein, the use and development of Subject Property shall be controlled pursuant to the provisions of Ordinance No. G32-10. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2, and Ordinance Nos. G32-10 and G6-16, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2016 Passed: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 24, 2016 Published: August 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 24, 2016 VOLUME LXXXI 360 ORDINANCE G38-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" BY AMENDING CERTAIN PENALTY PROVISIONS THEREIN AND TO INCREASE THE NUMBER OF CLASS B AND CLASS F LIQUOR LICENSES Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. G38-16 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BY AMENDING CERTAIN PENALTY PROVISIONS THEREIN AND TO INCREASE THE NUMBER OF CLASS B AND CLASS F LIQUOR LICENSES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.030 of the Elgin Municipal Code, 1976, as amended, entitled "License; Required:" be and is hereby further amended to read as follows: "No person shall sell, barter, transport, deliver, solicit, or receive orders for, keep or expose for sale, keep with intent to sell, or furnish any alcoholic liquor for beverage purposes for sale at retail without being first licensed to do so by the local liquor control commission of the city. Any person, firm or corporation violating this section shall be fined not less than $1,000.00 for a first offense and not less than $2,000.00 for a second or subsequent offense." Section 2. 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 D and Q thereof to read as follows: "D. The number of class B licenses shall not exceed twenty five (25) in number." "Q. The number of class F licenses shall not exceed nine (9) in number." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. VOLUME LXXXI AUGUST 24, 2016 361 Section 4. 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: August 24, 2016 Passed: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 24, 2016 Published: August 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne 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, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, July 11, 2016 Emergency Telephone System Board, July 21, 2016 Heritage Commission, June 7, 2016 Heritage Commission Design Review, April 12, June 14 and 28, 2016 Liquor Commission, July 13, 2016 Committee of the Whole Minutes for July 13, 2016 City Council Minutes for July 13, 2016 Sales Tax Local Sales Tax State Income Tax State Use Tax Video Gaming Revenue Telecommunication Tax July Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. AUGUST 24, 2016 VOLUME LXXXI 362 ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Powell, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:40 p.m. s/ Kimberly Dewis September 14, 2016 Kimberly Dewis, City Clerk Date Approved