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HomeMy WebLinkAbouti - May 10, 2017 CC142 VOLUME LXXXII MAY 10, 2017 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 May 10, 2017, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Jeff Mikyska, from Holy Trinity Lutheran and the Pledge of Allegiance was led by Councilmember Tish Powell. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE 2017, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Gavin, to approve the April 26, 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Poppy Days Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, America is the land of the freedom, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions of citizen soldiers, who have answered the call to arms, have died on the field of battle; and WHEREAS, a Nation must be reminded of the price of war and the debt owed to those who have died in war; and WHEREAS, the red poppy has been designated as a symbol of the sacrifice of lives in all wars; and VOLUME LXXXII MAY 10, 2017 143 WHEREAS, the American Legion and its Auxiliaries, the American Legion Riders, the Veterans of Foreign Wars and its Auxiliaries and the AMVETS have pledged to remind Americans annually of this debt through the distribution of the poppy as the memorial flower. NOW, THEREFORE, I David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May 18, 19 and 20, 2017 as POPPY DAYS in Elgin and ask all citizens to pay tribute to those who have made the ultimate sacrifice in the name of freedom, by making a donation for and wearing the memorial poppy during these days. IN WITNESS THEREOF, I have hereunto set my hand this 10th day of May, 2017. David J. Kaptain Mayor Bike Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the bicycle is an economical, healthy, convenient and environmentally sound form of transportation and an excellent tool for recreation and enjoyment of Elgin’s scenic beauty; and WHEREAS, throughout the month of May, the residents of Elgin and its visitors will experience the joys of bicycling through educational programs, races, commuting events or by simply getting out and going for a ride; and WHEREAS, Elgin’s road and trail system attracts bicyclists each year, providing economic health, transportation, tourism and scenic benefits; and WHEREAS, creating a bicycling-friendly community improves citizens’ health, well- being and quality of life, grows the economy, attracts tourism dollars, improves traffic safety, supports student learning outcomes and reduces pollution, congestion, and wear and tear on streets and roads; and WHEREAS, Ride Illinois, the Elgin Bicycle and Pedestrian Advisory Committee, the League of American Bicyclists, and other bicycle advocacy groups will be promoting bicycling, bicycle tourism and greater public awareness of bicycle operation and safety education during the month of May 2017 and year round. NOW THEREFORE, I, David Kaptain, Mayor of the city of Elgin, do hereby proclaim May 2017 as Bike Month in the city of Elgin, and I urge all residents to join me in this special observance. MAY 10, 2017 VOLUME LXXXII 144 IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of May, 2017. David J. Kaptain Mayor Elgin Peace Officers Memorial Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, May 15 has been designated as National Peace Officer’s Memorial Day; and WHEREAS, the members of the Elgin Police Department play an essential role in safeguarding the rights and freedoms of Elgin; and WHEREAS, it is important that all citizens know and understand the duties of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people; and WHEREAS, the men and women of the Elgin Police Department unceasingly provide a vital public service. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Wednesday, May 17, 2017, as ELGIN PEACE OFFICERS MEMORIAL DAY, a day to remember those officers who have gone before us and I hereby order the lowering of the flags flying in front of this facility to Half Mast. IN WITNESS WHEREOF, I have hereunto set my hand this 10th Day of May, 2017. David J. Kaptain Mayor Firefighter Memorial Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, in 1993 the Illinois Fire Services Association unanimously agreed that a monument should be erected to serve as the official memorial; it was to be located on the grounds adjacent to the state Capital building; and VOLUME LXXXII MAY 10, 2017 145 WHEREAS, the Illinois Firefighter Memorial is dedicated to the firefighters of Illinois, who have given their lives in the line of duty and to those firefighters who heroically serve with courage, pride and honor; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their fire service agency, and that members of our fire department recognize their duty to serve the people by safeguarding life and property; and WHEREAS, the men and women of the Elgin Fire Department unceasingly provide a vital public service. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Saturday, May 13, 2017, as the Elgin Area Firefighters’ Memorial Day, a day to remember those Firefighters who have gone before us. I do hereby order the lowering of the flag flying in front of Fire Barn No. 5, to Half-Mast for the remainder of this day, as a symbol of our corporate pledge, to honor all those who have served, who now serve, and who will serve our fair City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of May, 2017. David J. Kaptain Mayor Historic Preservation Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, Historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, It is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, The City of Elgin encourages residents and visitors to visit Elgin’s historic places and attend events during this month-long observance. MAY 10, 2017 VOLUME LXXXII 146 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the month of May 2017, as Preservation Month, and call upon fellow citizens of Elgin and across the United States in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of May, 2017. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Mark Glavin, petitioner for the Fox Valley Shoot Club, thanked supporters and outlined efforts to address the remaining concerns about the project. Theresa Forthofer, Easter Seals CEO, stated concerns regarding the gun range and recent posts on social media. Robin Migalla stated concerns regarding the location of the proposed gun range. Philip Mungai stated his objections to the location of the proposed gun range. Larry Stonecypher stated his support for the proposed gun range. Cheryl Brumbaugh-Cayford stated concerns regarding the proposed zoning changes as it related to the proposed gun range. Chris Brumbaugh-Cayford stated his concerns regarding the location of the proposed gun range. Barbara Njus noted her concerns regarding the location of the gun range and pending state legislation that may impact this zoning decision. Shirley Sadjadi-Sotamaya stated her opposition to the proposed gun range. Sandy Kirk stated her support for the proposed gun range. Louis Edwards stated his opposition to the gun range and its proposed location. Mike Weisman, Illinois State Rifle Association, stated his support for the proposed gun range. Mary Shesgreen stated her objections to the proposed gun range. Vivienne Bailey noted her objections to the proposed gun range. Bettina Perillo stated objections to the location of the proposed gun range. VOLUME LXXXII MAY 10, 2017 147 Jill Atkinson stated her opposition to the proposed gun range. Peg Lehman noted her opposition to the location of the proposed gun range. Jean Hedstrong objected to the proposed gun range and the location. Denyse Stoneback, People for a Safer Society, stated concerns regarding the changes to the zoning code to allow for the proposed gun range. Maria Pike stated her opposition to the proposed gun range. Lee Shula, from Sandyhook, Connecticut, stated his opposition to the gun range. Alan Kirk stated his support for the proposed gun range. BID 17-028 AWARDED TO TRINE CONSTRUCTION CORPORATION FOR WEST PRESSURE ZONE CONNECTIVITY PROJECT – HIGHLAND WOODS TRANSMISSION MAIN Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award the West Pressure Zone Connectivity Project – Phase II – Highland Woods Transmission Main to Trine Construction Corporation in the amount of $1,765,000 to improve the city’s water distribution infrastructure to adequately provide water flow, pressure, quality and reliability to its residents. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION #03-17 CONDITIONAL USE TO ESTABLISH AMUSEMENT AND RECREATIONAL USE, NOT ELSEWHERE CLASSIFIED (ESCAPE ROOM BUSINESS) - 77 RIVERSIDE DRIVE - ESCAPADE 360 LLC Marc Mylott, Community Development Director, provided an overview of Petition 03-17 which would grant a conditional use to establish an amusement and recreation use. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. Councilmember Gavin made a motion, seconded by Councilmember Dunne, to approve Petition 03-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 10, 2017 VOLUME LXXXII 148 PETITION #05-17 CONDITIONAL USE TO ALLOW A DRINKING PLACE (AND VIDEO GAMING TERMINALS AS AN ACCESSORY USE) - 481 BLUFF CITY BOULEVARD - LA TREMENDA LLC Marc Mylott, Community Development Director, provided an overview of Petition 05-17 which would grant a conditional use to allow a drinking place and video gaming terminals. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 05-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G11-17 PASSED AMENDING SECTION 19.15.520 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LAND USE" REGARDING FIREARM SALES IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT Councilmember Rauschenberger made a motion, seconded by Councilmember Powell, to table Ordinances G11-17 through G15-17. Upon a roll call vote: Yeas: Councilmembers Dixon, Powell, Rauschenberger, and Mayor Kaptain. Nays: Councilmembers Dunne, Gavin, Martinez, Shaw, and Steffen. Motion failed. There was discussion regarding potential impacts on the neighborhood including traffic and noise. Also discussed was the legal precedent for the basis of this type of zoning case. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Shaw, and Steffen. Nays: Councilmembers Dixon, Powell, Rauschenberger, and Mayor Kaptain. Ordinance No. G11-17 AN ORDINANCE AMENDING SECTION 19.15.520 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “LAND USE” REGARDING FIREARM SALES IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WHEREAS, written application has been made to amend the text of the City of Elgin zoning ordinance with respect to the regulation of firearm sales in the ARC Arterial Road Corridor Overlay District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 6, 2017 following due notice by publication; and VOLUME LXXXII MAY 10, 2017 149 WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a text amendment to Section 19.15.510 of the ARC Arterial Road Corridor Overlay District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 6, 2017, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Section 19.15.510, subparagraph “J” of the Elgin Municipal Code, 1976, as amended, is hereby further amended to read as follows: “J. Retail trade division: Automotive dealers, not elsewhere classified (5599) Boat dealers (5551). Firearm sales (5941), except when located on a “zoning lot” [SR] fronting on South McLean Boulevard between Illinois Route 20 on the north and College Green Drive on the south. Mobile home dealers (52). Motor vehicle dealers (new and used), except when located on a “zoning lot” (SR) either containing four (4) or more acres or fronting on Route 19/East Chicago Street between Willard Avenue on the west and Shales Parkway on the east (5511). MAY 10, 2017 VOLUME LXXXII 150 Motor vehicle dealers (used only), except when located on a “zoning lot” (SR) either containing four (4) or more acres or fronting on Route 19/East Chicago Street between Willard Avenue on the west and Shales Parkway on the east (5521). Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Passed May 10, 2017 Vote: Yeas: 5 Nays: 4 Recorded: May 10, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G12-17 PASSED AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G26-03 AND GRANTING A CONDITIONAL USE FOR FIREARMS SALES AND AMUSEMENT AND RECREATIONAL SERVICES NOT ELSEWHERE CLASSIFIED IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (780-796 SOUTH MCLEAN BOULEVARD) Councilmember Steffen made a motion, seconded by Councilmember Gavin, to add a condition which would prohibit outside signage from including the words "shooting" or "guns", or images of the bullseye or target symbols. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen and Mayor Kaptain. Nays: None. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Shaw, and Steffen. Nays: Councilmembers Dixon, Powell, Rauschenberger, and Mayor Kaptain. VOLUME LXXXII MAY 10, 2017 151 Ordinance No. G12-17 AN ORDINANCE AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G26-03 AND GRANTING A CONDITIONAL USE FOR FIREARMS SALES AND AMUSEMENT AND RECREATIONAL SERVICES NOT ELSEWHERE CLASSIFIED IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (780-796 South McLean Boulevard) WHEREAS, the territory herein described has been classified in the PNB Planned Neighborhood Business District under Ordinance No. G26-03; and WHEREAS, written application has been made to amend PNB Planned Neighborhood Business District Ordinance No. G26-03 to modify the site design requirements therein; and WHEREAS, written application has been made requesting conditional use approval to establish firearms sales and amusement and recreational services, not elsewhere classified at 780 South McLean Boulevard; and WHEREAS, the zoning lot with the building containing the premises at 780 South McLean Boulevard is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District, and firearms sales and amusement and recreational services, not elsewhere classified are both listed conditional uses within the PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said applications on March 6, 2017 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 applications; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said applications, 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 MAY 10, 2017 VOLUME LXXXII 152 WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PNB Planned Neighborhood Business District and conditional uses in the PNB Planned Neighborhood Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 6, 2017, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for “firearms sales (5941)” and “amusement and recreational services, not elsewhere classified (7999)” is hereby granted for the property commonly known as 780-796 South McLean Boulevard and commonly identified by Kane County Property Identification Numbers (PIN) Numbers 06-27-101-015, 06-27-101-017, 06-27-101-019, and 06-27-101-020, and legally described as follows: UNIT NUMBERS 780-A, 780-C, 780-E AND 780-F IN COLLEGE CORNERS NORTH CONDOMINIUM, AS DELINEATED ON A PLAT OF SURVEY OF THE FOLLOWING DESCRIBED TRACT OF LAND: A PART OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. WHICH PLAT OF SURVEY IS ATTACHED AS EXHIBIT “D” TO THE DECLARATION OF CONDOMINIUM RECORDED MARCH 8, 2004 AS DOCUMENT NUMBER 2004K028159; TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS. Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application and supporting documents submitted by Fox Valley Shooting Club, L.L.C., as applicant, and AARS, L.L.C., as owner, including the following materials: a. Undated five-page “Window Film Depot” product specification document prepared by DefenseLite Window Protection and Security, dated received February 15, 2107; b. Statement of Purpose and Conformance, dated received December 28, 2016; c. Fox Valley Shooting Club-Elgin, IL 780 S McLean Blvd, Elgin, IL-Draft, prepared by John Bocker, JB Group, LLC, dated received December 28, 2016; d. Applicant’s Response Letter dated February 7, 2017, prepared by John F. Hurlbut of Hurlbut & Hurlbut, P.C.; e. Plat of Survey, prepared by Landmark Engineering Group, Inc., dated March 4, 2004; f. Partial Ground Floor Plan Sheet A1.2, prepared by Belli & Belli Architects Incorporated, dated December 24, 2016; VOLUME LXXXII MAY 10, 2017 153 g. Exhibit “D” to Declaration for College Corners North Condominium Sheet 2 of 3, prepared by Landmark Engineering Group, Inc., dated March 4, 2004; and h. Exhibit “D” to Declaration for College Corners North Condominium Sheet 3 of 3, prepared by Landmark Engineering Group, Inc., dated March 4, 2004; In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. The hours of operation for the facility shall be 10 am – 9 pm Monday-Friday, and 8 am – 8 pm Saturday and Sunday. Upon a written request from the applicant or subsequent operator, the Development Administrator is authorized to allow one (1) additional hour of operation before and/or after these hours of operation in so long as they do not conflict with limits established within Section 6.60.060 of the Elgin Municipal Code, 1976 as amended. 3. The proposed pre-cast concrete vehicle barriers shall be designed to accommodate landscaping materials and shall be so improved during the traditional growing season. 4. The employees of the firearm sales establishment and shooting gallery must park in spaces located west of the building containing said establishment and gallery. 5. The applicant shall comply with all applicable federal and state requirements including but not limited to permits, licenses, and the safe disposal of lead per Statement of Purpose and Conformance dated received December 28, 2016, 6. The facility shall comply with all applicable city ordinances regarding noise, and the firing of firearms from within the facility shall not be audible at the western property line as reasonably determined by the Director of Community Development. 7. Any new street graphics must be installed in compliance with zoning ordinance requirements. 8. No merchandise shall be displayed in the windows or doors facing McLean Boulevard (those windows or doors along the east side of the building). 9. No alcoholic liquor shall be offered for sale, and the consumption of alcoholic liquor on the Subject Property is prohibited. 10. The applicant shall install and maintain one (1) double-sided parking lot sign at each driveway entrance to the property informing patrons and visitors arriving at and leaving the property that parking off premises is prohibited. 11. Compliance with all applicable codes and ordinances. 12. Outside signage shall not include the words "shooting" or "guns", or images of bullseyes or targets. Outside signage shall be in substantial conformance with the sample signage depiction provided by the Applicant Fox Valley Shooting Club, L.L.C., using the phrasing "FOX VALLEY SC Indoor range-Training-Sales" attached hereto and made a part hereof by reference as Exhibit B. Section 4. That Ordinance No. G26-03 entitled “An Ordinance Reclassifying Property from NB Neighborhood Business District to PNB Planned Neighborhood Business District and ARC Arterial Road Corridor Overlay District,” passed April 23, 2003, be and is hereby amended only as set forth in this ordinance as follows: MAY 10, 2017 VOLUME LXXXII 154 Section 3.G. of Ordinance G26-03 entitled “Site Design” shall be amended as follows: Subparagraph 4. is hereby repealed and replaced in its entirety as follows: 4. Substantial conformance to the Site Plan prepared by Arete 3 Ltd., and dated April 3, 2003, with the following revision, which will be subject to the review and approval of the Community Development Group: Provide a secure pedestrian walkway which will link the existing walkway near the southwest edge of the property to the proposed buildings; except as modified by Partial Ground Floor Plan Sheet A1.2, prepared by Belli & Belli Architects Incorporated, dated 12-24-2016. Subparagraph 5. is hereby repealed and replaced in its entirety as follows: 5. Substantial conformance to the Landscape Plan prepared by Arete 3 Ltd., and dated February 25, 2003. Subparagraph 9. is hereby repealed and replaced in its entirety as follows: 9. All refuse collection areas shall be enclosed in substantial conformance with the proposed “Refuse Enclosure” photograph submitted by Arete 3, Ltd., dated March 17, 2003, revised to provide PVC gates which match the walls of the enclosure, and to be constructed with a color to match the building. Section 3. I. of Ordinance G26-03 entitled “Off Street Loading” is hereby repealed in its entirety and replaced as follows: I. "Off Street Loading. In this PNB Planned Neighborhood Business District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended, except as provided within this section. The location and design of driveways and off street loading facilities shall be subject to the Partial Ground Floor Plan Sheet A1.2, prepared by Belli & Belli Architects, dated 12-24-2016." Section 5. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G26-03. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 4 and the allowances described and provided thereon, and Ordinance No. G26-03, this ordinance and associated documents shall control and prevail. Section 6. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXII MAY 10, 2017 155 Presented: May 10, 2017 Passed May 10, 2017 Vote: Yeas: 5 Nays: 4 Recorded: May 10, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G13-17 PASSED AMENDING SECTION 6.60.060 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HOURS OF OPERATION" Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Dixon, Powell, and Rauschenberger. Ordinance No. G13-17 AN ORDINANCE AMENDING SECTION 6.60.060 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HOURS OF OPERATION” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS Section 1. That Section 6.60.060 of the Elgin Municipal Code, 1976, as amended, entitled “Hours of Operation” be and is hereby further amended to read as follows: “No shooting gallery shall be open for business or used between the hours of eleven thirty o’clock (11:30) P.M. and seven o’clock (7:00) A.M. of any weekday. On Sundays, no shooting gallery shall be open for business or used before eight o'clock (8:00) A.M. or after eleven o'clock (11:00) P.M. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor MAY 10, 2017 VOLUME LXXXII 156 Presented: May 10, 2017 Passed May 10, 2017 Vote: Yeas: 6 Nays: 3 Recorded: May 10, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G14-17 PASSED AMENDING SECTION 10.88.010 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "DISCHARGE OF FIREARMS" There was discussion regarding the discharge of a firearm by a person engaged in a lawful act of self-defense. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Dixon, Powell, and Rauschenberger. Ordinance No. G14-17 AN ORDINANCE AMENDING SECTION 10.88.010 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “DISCHARGE OF FIREARMS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS Section 1. That Section 10.88.010 of the Elgin Municipal Code, 1976, as amended, entitled “Discharge of Firearms” be and is hereby further amended to read as follows: “It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm in any part of the City; provided that this Section shall not be construed to prohibit (1) the discharge of blank cartridges by any military company while on parade and under a commanding officer, (2) the discharge of firearms by any City officer or other person in the discharge of a legal duty, when the same is done in such a manner so further provided, (3) the discharge of blank cartridges for ceremonial purposes by any veterans, civic or religious group while under the direct supervision of the Police Department after having obtained and pursuant to a permit issued by the Chief of Police,(4) the discharge of firearms within a lawfully established and licensed shooting gallery/firing range; or (5) the discharge of a firearm by a person engaged in a lawful act of self-defense.” VOLUME LXXXII MAY 10, 2017 157 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Passed May 10, 2017 Vote: Yeas: 6 Nays: 3 Recorded: May 10, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G15-17 PASSED AMENDING SECTION 16.40.260 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ADDITIONAL SPECIAL SECURITY MEASURES FOR GUN DEALERS" Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dixon. Ordinance No. G15-17 AN ORDINANCE AMENDING SECTION 16.40.260 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADDITIONAL SPECIAL SECURITY MEASURES FOR GUN DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS Section 1. That Section 16.40.260 of the Elgin Municipal Code, 1976, as amended, entitled “Additional Special Security Measures for Gun Dealers” be and is hereby further amended by amending subsection A thereto, with such amended subsection A to read as follows: “A. Install, use and maintain locking, closable metal gates or bars over all exterior doors and windows. Such gates shall conform to the provisions of subsection 16.40.200H of this chapter, and such bars shall conform to the provisions of subsection 16.40.210A1b of this chapter, which MAY 10, 2017 VOLUME LXXXII 158 shall be applicable to all exterior doors and windows, including, but not limited to, skylights. No provisions contained in this subsection shall supersede any local, state or federal laws, regulations or codes dealing with the life-safety factor. The operator of a gun dealer may propose alternative additional special security measures in lieu of metal gates or bars over all exterior doors and windows pursuant to Section 16.40.030, to provide additional security against break-ins to windows and doors at a gun dealer. Such alternative measures may include, but not be limited to, security window shield products designed to be forced entry resistant and additional design features on doors which are designed to be tamper, prying and force resistant. Such alternative security measures to metal gates or bars require written authorization from the Chief of Police.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Passed May 10, 2017 Vote: Yeas: 8 Nays: 1 Recorded: May 10, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt Resolution Nos. 17-65 through 17-71 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXII MAY 10, 2017 159 RESOLUTION 17-65 ADOPTED AUTHORIZING EXECUTION OF A FAÇADE IMPROVEMENT PROGRAM AGREEMENT WITH DONALD J. RAGE AND DIANA M. RAGE (19-21 DOUGLAS AVENUE) Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 17-65 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH DONALD J. RAGE AND DIANA M. RAGE (19-21 Douglas Avenue) 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 a facade improvement program agreement on behalf of the City of Elgin with Donald J. Rage and Diana M. Rage for the property commonly known as 19-21 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Adopted: May 10, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-66 ADOPTED AUTHORIZING EXECUTION OF 2017 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 10, 2017 VOLUME LXXXII 160 Resolution No. 17-66 RESOLUTION AUTHORIZING EXECUTION OF 2017 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a 2017 Agreement on behalf of the City of Elgin with the Kane County Child Advocacy Center by and through the Kane County State’s Attorney for funding assistance for the investigation of incidents of child abuse and juvenile sexual abuse, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Adopted: May 10, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-67 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH NATURAL RESOURCE TECHNOLOGY, INC. FOR SUPPLEMENTAL ENVIRONMENTAL SITE INVESTIGATION SERVICES REGARDING THE CITY- OWNED PROPERTY LOCATED AT 464 MCBRIDE STREET Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXII MAY 10, 2017 161 Resolution No. 17-67 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NATURAL RESOURCE TECHNOLOGY, INC. FOR SUPPLEMENTAL ENVIRONMENTAL SITE INVESTIGATION SERVICES REGARDING THE CITY-OWNED PROPERTY LOCATED AT 464 MCBRIDE STREET 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 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 Natural Resource Technology, Inc. for supplemental environmental site investigation services regarding the city-owned property located at 464 McBride Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Adopted: May 10, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-68 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE J. SUFFREDIN, JR. FOR LEGISLATIVE REPRESENTATION Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 10, 2017 VOLUME LXXXII 162 Resolution No. 17-68 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE J. SUFFREDIN, JR. FOR LEGISLATIVE REPRESENTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that 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 Steven Nemerovski and Lawrence J. Suffredin, Jr. for legislative representation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Adopted: May 10, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-69 ADOPTED FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE APPROPRIATION OF 2017 MOTOR FUEL TAX FUNDS FOR ANNUAL ROADWAY MAINTENANCE PROGRAMS Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 17-69 IS ON FILE IN THE CITY CLERK’S OFFICE. VOLUME LXXXII MAY 10, 2017 163 RESOLUTION 17-70 ADOPTED AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH ASPHALT ZIPPER, INC. FOR ASPHALT ZIPPER EQUIPMENT REPAIR Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 17-70 RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH ASPHALT ZIPPER, INC. FOR ASPHALT ZIPPER EQUIPMENT REPAIR 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 Purchase Agreement on behalf of the City of Elgin with Asphalt Zipper, Inc. for Asphalt Zipper equipment repair, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Adopted: May 10, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-71 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH ELGIN FIRE BARN NO. 5 MUSEUM, INC. REGARDING THE OPERATIONS OF THE ELGIN FIRE BARN MUSEUM AT 533 ST. CHARLES STREET Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 10, 2017 VOLUME LXXXII 164 Resolution No. 17-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ELGIN FIRE BARN NO. 5 MUSEUM, INC. REGARDING THE OPERATIONS OF THE ELGIN FIRE BARN MUSEUM AT 533 ST. CHARLES STREET 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 Agreement on behalf of the City of Elgin with Elgin Fire Barn No. 5 Museum, Inc., regarding the operations of the Elgin Fire Barn Museum at 533 St. Charles Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Adopted: May 10, 2017 Omnibus Vote: Yeas: 9 Nays: 0 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 Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee, April 4, 2017 Cultural Arts Commission, February 13, 2017 Foreign Fire Tax Board, January 10, 2017 and October 16, 2016 Image Advisory Commission, February 27, 2017 Parks and Recreation Board February 28 and April 11, 2017 Police Pension Board, January 18, 2017 Committee of the Whole for April 12, 2017 City Council Minutes for April 12, 2017 VOLUME LXXXII MAY 10, 2017 165 Electricity Tax Natural Gas Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:45 p.m. s/ Kimberly Dewis May 24, 2017 Kimberly Dewis, City Clerk Date Approved