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HomeMy WebLinkAboutj - May 24, 2017 CC166 MAY 24, 2017 VOLUME LXXXII 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 24, 2017, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:22 p.m. The Invocation was given by Reverend Dave Daubert from Zion Lutheran Church Lutheran and the Pledge of Allegiance was led by Councilmember Carol Rauschenberger. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 10, 2017, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Powell, to approve the May 10, 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 Rotary Club of Elgin Peace Pole Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Started by Chicago attorney Paul Harris in 1905, the vision of the Rotary Club was established to provide professionals with diverse backgrounds the opportunity to exchange ideas, form meaningful, lifelong friendships and give back to their communities; and WHEREAS, In 1999, with the foresight and diligence of many Rotarians, the generous assistance from the city of Elgin staff, the countless hours designing and crafting the pole by Elgin Breakfast Rotarian Greg Karr and a partnership with the Elgin Noon Rotary Club, the Elgin Breakfast Rotary Club first envisioned locating a peace pole in Elgin; and VOLUME LXXXII MAY 24, 2017 167 WHEREAS, Peace Pole International, an organization whose main purpose is promoting peace worldwide via the message "May Peace Prevail on Earth", originated the peace pole idea that includes 100,000 similar poles in various languages located across the globe; and WHEREAS, Rotary International and the Rotary Clubs of Elgin endorse and recognize the goal of world peace and the local clubs promoted and donated funds in the hope to further the vision and goal of world peace by the placement of the peace pole; and WHEREAS, The Rotary Clubs of Elgin are humbled to share the newly created peace pole at the chosen site of the Veteran's Memorial Park, where members past and present of the United States Armed Forces are recognized and honored. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby honor the work the members of the Rotary Clubs of Elgin have been doing to address the challenges around the world and recognize the Rotary Clubs of Elgin as they proudly carry on the traditions set forth by their founder by the placing of a peace pole at Veteran’s Memorial Park. IN WITNESS WHEREOF, I have hereunto set my hand this 23th day of May, 2017. David J. Kaptain Mayor National Public Works Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewer, streets, traffic control, solid waste collection, parks; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the efficiency of the qualified and dedicated personnel, who staff public works departments, is materially influenced by the people’s attitude and understanding of the importance of the work they perform; and MAY 24, 2017 VOLUME LXXXII 168 WHEREAS, this year’s theme is Public Works Connects Us which speaks to the essential nature of public works services in support of everyday quality of life. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May 21 through May 27, 2017, as National Public Works Week in the City of Elgin and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works; and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2017 David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Armida Dominguez wanted to invite everyone to the Bike and Truck Blessing on May 27, 2017 from 12:00 p.m. to 4:00 p.m. at New Life Covenant located at 2250 W. Highland Avenue. Michael Kuehl stated his support of the Cook County Minimum Wage and Sick Leave ordinances. Nancy Burnidge provided statistics on minimum wages, discussed the effects of poverty on children, and stated her support of the Cook County Minimum Wage and Sick Leave ordinances. Rose Ramirez addressed the Council through her interpreter, Tim Bell, and urged the Council to support the Cook County Minimum Wage and Sick Leave ordinances. Tim Bell stated his support of the Cook County Minimum Wage and Sick Leave ordinances. Earl Silbar stated his support of the Cook County Minimum Wage and Sick Leave ordinances. Mary Shesgreen stated her support of the Cook County Minimum Wage and Sick Leave ordinances. John Butler stated his support for a livable wage and for the Cook County Minimum Wage and Sick Leave ordinances. Mark Handrock thanked Mayor Kaptain and staff in the Parks and Recreation department for the help he has received from them regarding a group of young men willing to help with a possible new skate park in the city. VOLUME LXXXII MAY 24, 2017 169 PETITION 06-17 APPROVED FOR THE PROPERTY LOCATED AT 1502-1506 VILLA STREET FOR A MAP AMENDMENT TO THE EXISTING PGI PLANNED GENERAL INDUSTRIAL DISTRICT WITH THREE DEPARTURES FROM ZONING ORDINANCE REQUIREMENTS, TO CONSTRUCT NEW BUILDINGS AND A NEW MONUMENT GRAPHIC BY SAFETY-KLEEN SYSTEMS, INC., AS APPLICANT AND PROPERTY OWNER Marc Mylott, Community Development Director, provided an overview of Petition 06-17 which would grant Map Amendment to the existing PGI Planned General Industrial District to construct two new buildings and a new monument graphic for a motor vehicle repair use. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was discussion regarding the proposed monument sign. Councilmember Gavin thanked Safety-Kleen Systems for going the extra mile and being a great example to businesses within Elgin. Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve Petition 06-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G18-17 PASSED AMENDING PGI PLANNED GENERAL INDUSTRIAL DISTRICT ORDINANCE NO. G97-07 (1502-1506 VILLA STREET) Councilmember Shaw made a motion, seconded by Councilmember Rauschenberger, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G18-17 AN ORDINANCE AMENDING PGI PLANNED GENERAL INDUSTRIAL DISTRICT ORDINANCE NO. G97-07 (1502-1506 Villa Street) WHEREAS, the territory herein described has been classified in the PGI Planned General Industrial District and is subject to the requirements of Ordinance No. G97-07; and WHEREAS, written application has been made to amend PGI Planned General Industrial District Ordinance No. G97-07 to allow construction of two new buildings and a new monument graphic for motor vehicle repair with departures from (1) Section 19.14.700, “Additional Architectural and Exterior Building Material Requirements for Commercial, Industrial or Institutional Development”, specifically the proposed use of exterior metal panels in excess of 25% of a building elevation, (2) Section 19.50.070, “Monument Graphics”, specifically the maximum permitted height and size of the proposed monument graphic; and (3) Section 19.50.090, MAY 24, 2017 VOLUME LXXXII 170 “ Special Street Graphics”, specifically to keep the two existing nonconforming directional street graphics; and WHEREAS, the zoning lot with the buildings containing the premises at 1502-1506 Villa Street is legally described in Ordinance No. G97-07 (the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said applications on May 1, 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 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 an amendment to the PGI Planned General Industrial 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 May 1, 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 3 G. of Ordinance No. G97-07, which regulates “Site Design” for the PGI Planned General Industrial District of the Subject Property, is hereby amended and replaced in its entirety with the following: G. Site Design. In this PGI Planned General 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, Section 19.40.335 “Site Design”, of the Elgin Municipal Code, as amendment, except as provided within this section, and shall be in substantial conformance with the following documents: VOLUME LXXXII MAY 24, 2017 171 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application prepared by Prime Commercial Corporation, dated May 23, 2007. 2. Substantial conformance to the Building Elevations and Floor Plans (Sheet A) prepared by Randall Bees Architects, Inc. and dated April 30, 2007 with latest revisions dated May 22, 2007. 3. Substantial conformance to the Landscape and Tree Inventory and Preservation Plan prepared by David R. McCallum Associates, Inc. Landscape Architects and dated August 6, 2007, with latest revisions dated August 16, 2007, in as much as those plans do not conflict with the following plans, in which case the following plans shall supersede and control: i. Landscape Plan, prepared by J. Davito Design, Inc., dated March 7, 2017, last revised March 29, 2017; ii. Landscape Details Plan, prepared by J. Davito Design, Inc., dated March 7, 2017, last revised March 29, 2017; iii. Tree Preservation Plan, prepared by J. Davito Design, Inc., dated March 7, 2017, last revised March 29, 2017; 4. Substantial conformance to the Development Application and supporting documents submitted by Safety-Kleen Systems, Inc. as applicant and owner, including the following materials: a. Response letter, dated March 30, 2017 from Peter C. Bazos, Esq.; b. Letter from Richard Smith, Vice President of Refurbishment Operations for Clean Harbors, dated March 22, 2017; c. Undated Statement of Purpose and Conformance Rider, received March 30, 2017, including the following exhibits: Exhibit A: The Legal Description; Exhibit B: Plat of Survey, prepared by Haeger Engineering, dated January 16, 2017; Exhibit C: Site Plans including: i. Site Plan, prepared by Haeger Engineering, dated February 22, 2017, last revised March 29, 2017; ii. Building “B” Layout Plan, prepared by K.M.C., dated October 7, 2016, last modified on March 24, 2017; iii. Building “B” Mezzanine Layout Plan, prepared by K.M.C., dated March 16, 2017, last modified on March 24, 2017; iv. Floor Plan Building C, prepared by Cutright Allen Architects, dated April 27, 2015; v. Safety Kleen Concept Elevation plans, prepared by D.Z.A Associates, Inc., dated March 21, 2017; vi. Landscape Plan, prepared by J. Davito Design, Inc., dated March 7, 2017, last revised March 29, 2017; vii. Landscape Details Plan, prepared by J. Davito Design, Inc., dated March 7, 2017, last revised March 29, 2017; MAY 24, 2017 VOLUME LXXXII 172 viii. Tree Preservation Plan, prepared by J. Davito Design, Inc., dated March 7, 2017, last revised March 29, 2017; ix. Safety Kleen Site Improvement Plans, prepared by Haeger Engineering, dated December 1, 2016; x. Safety Kleen Stormwater Pollution Prevention Plan, prepared by Haeger Engineering, dated December 1, 2016; and xi. Site Photo Key plan and associated images, prepared by Haeger Engineering, dated February 22, 2016. Exhibit D: The Owners’ Disclosure; Exhibit E: The document entitled “Proposed Safety-Kleen Expansion and Renovation Project”, received March 10, 2017. 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. 5. All site engineering plans must be revised to indicate any proposed work on the adjacent railroad property. The applicant has provided a written approval from the Wisconsin Central Ltd. Company a subsidiary of Canadian National Railway, to allow the applicant to demolish the existing metal building on the railroad’s adjacent property to the east. Applicant shall perform such demolition work as part of the Phase 1 work (as described in the Development Application) on the Subject Property unless the said railroad revokes such consent prior to the issuance of the building permit for the Phase 1 work. 6. The Phase II work, including but not limited to the repair and painting on all elevations of the two southern-most buildings on the property along Villa Street, and completion of all landscaping must be completed by December 31, 2018. 7. Compliance with all applicable codes and ordinances. Section 3. That Section 3 J. of Ordinance No. G97-07, which regulates “Signs” for the PGI Planned General Industrial District of the Subject Property, is hereby amended and replaced in its entirety with the following: J. Signs. In this PGI Planned General Industrial District, graphics shall be subject to the provisions of 19.50, “Street Graphics”, of the Elgin Municipal Code, as amendment, with the following departures: 1. The maximum height of a monument graphic cannot exceed twenty (20) feet. 2. The maximum surface area of a monument graphic cannot exceed two hundred (200) square feet. 3. The monument street graphic along Villa Street shall be in substantial conformance with the Concept Monument Sign plan, prepared by Haeger Engineering, dated March 7, 2017. VOLUME LXXXII MAY 24, 2017 173 4. The two (2) existing free standing directional street graphics located at the northern driveway access along Shales Parkway with eight feet in height and maximum 16 square feet in area are hereby permitted to remain and be replaced. The applicant agrees to construct a monument base for each directional graphic at such time as the aforesaid directional graphics require repairs or replacement. 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. G97-07. In the event of any conflict between this ordinance and Ordinance No. G97-07, 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 Presented: May 24, 2017 Passed May 24, 2017 Vote: Yeas: 9 Nays: 0 Recorded: May 24, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-74 ADOPTED APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2017 TO APRIL, 2018 Councilmember Rauschenberger 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, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. MAY 24, 2017 VOLUME LXXXII 174 Resolution No. 17-74 RESOLUTION APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2017 TO APRIL, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the annual membership renewal with Metro West Council of Government for May, 2017 to April, 2018. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 24, 2017 Adopted: May 24, 2017 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-75 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CLERICAL/TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 Councilmember Powell made a motion, seconded by Councilmember Gavin, 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. 17-75 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CLERICAL/TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 WHEREAS, representatives of the City of Elgin and representatives of the Clerical/ Technical Group Service Employees International Union Local 73 have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and VOLUME LXXXII MAY 24, 2017 175 WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and the Clerical/Technical Group Service Employees International Union Local 73, a copy of which is attached hereto and made a part hereof by reference. 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 said agreement on behalf of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 24, 2017 Adopted: May 24, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass Ordinance Nos. G16-17, G17-17, and T16-17, and adopt Resolution Nos. 17-72 through 17-73 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 17-72 ADOPTED AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH 3D DESIGN STUDIOS, LLC FOR CDBG PARKS AND RECREATION DESIGN SERVICES Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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 24, 2017 VOLUME LXXXII 176 Resolution No. 17-72 RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH 3D DESIGN STUDIOS, LLC FOR CDBG PARKS AND RECREATION DESIGN SERVICES 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 Professional Services Agreement on behalf of the City of Elgin with 3D Design Studios, LLC for CDBG Parks and Recreation Design Services in connection with certain park renovation and ADA compliance improvements at St. Francis Park, Clifford Owasco Park and Kiwanis Park, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 24, 2017 Adopted: May 24, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-73 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE 50/50 AND 75/25 HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 17-73 RESOLUTION APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE 50/50 and 75/25 HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAMS WHEREAS, the 50/50 and 75/25 Historic Architectural Rehabilitation Grant Programs have been established to provide financial assistance and incentives for property owners in Elgin's historic districts and individual landmarks in the restoration of their properties; and VOLUME LXXXII MAY 24, 2017 177 WHEREAS, in 2017 applications have been made for 18 projects under the city's Historic Architectural Rehabilitation Grant Programs; 9 applications under the 50/50 historic rehabilitation grant program and 9 applications under the 75/25 historic rehabilitation grant program; and WHEREAS, pursuant to Ordinance No. G31-15, funding for the 50/50 and 75/25 Historic Architectural Rehabilitation Grant Programs has been combined into one historic rehabilitation grant fund; and WHEREAS, said applications have been submitted to the Elgin Heritage Commission which conducted a review and scored applications based upon objective criteria and forwarded eligibility lists to the City Council which has reviewed and approved the lists. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $109,812.00 is allocated for the following projects approved under the grant recipient eligibility lists. Owner Address Grant Amount (50/50 Program) Roberto Rizo/The Hummingbird Group 120 Tennyson Court $ 7,710.50 Rosalia Cornejo 372 N. Spring Street $ 10,837.50 Grant Born 278 Douglas Avenue $ 20,000.00 Horacio Isunza 371 North Street $ 15,950.25 (75/25 Program) Juan Rodriguez 344 St. Charles Street $ 16,050.00 Susanne Haas 600 E. Chicago Street $ 19,263.75 Sergio Vasquez 159 S. Channing Street $ 20,000.00 TOTAL $109.812.00 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 24, 2017 Adopted: May 24, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 24, 2017 VOLUME LXXXII 178 ORDINANCE T16-17 PASSED PROVIDING FOR STUDENT REPRESENTATIVES ON VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T16-17 AN ORDINANCE PROVIDING FOR STUDENT REPRESENTATIVES ON VARIOUS BOARDS AND COMMISSIONS WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin as a home rule unit may exercise any power and perform any function pertaining to is government and affairs; and WHEREAS, the City Council has determined that it is desirable to add student representatives on certain City Boards and Commissions to provide additional opportunities for youth to engage in and learn about local government, offering a new perspective to the decision making process and attract the next generation of civic leaders; and WHEREAS, providing for student representatives on various City Boards and Commissions 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. The position of student representative is hereby created on the following City of Elgin Boards and Commissions: Bicycle and Pedestrian Advisory Commission; Cultural Arts Commission; Human Relations Commission; Image Commission; Parks and Recreation Board; and Sustainability Commission. Section 2. The student representative positions on the various City Boards and Commissions as established by this ordinance shall be non-voting ex officio members of such Boards and Commissions and not be counted in determining a quorum on such Boards and Commissions. Section 3. Student representatives on the various City Boards and Commissions as provided by this ordinance shall be Elgin residents and enrolled in high school as a junior or senior in the year they will be serving as such student representative. VOLUME LXXXII MAY 24, 2017 179 Section 4. The student representatives and the various City Boards and Commissions as provided by this ordinance shall be appointed by the City Council. The terms of the student representatives shall be for one year from September 1, 2017, to August 31, 2018. Section 5. The provisions of this ordinance shall without further City Council action automatically expire on August 31, 2018. It is hereby declared to be the legislative intent of the City Council that the adoption of this ordinance regarding student representatives on various Boards and Commissions is being done on an experimental basis only. The City Manager is directed to submit a report to the City Council prior to August 31, 2018, and therein shall advise the City Council as to the City's experience with student representatives on various Boards and Commissions and the efficacy thereof and recommend whether an ordinance providing for the continuation of student representatives on Boards and Commissions should be adopted. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 7. 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 24, 2017 Passed May 24, 2017 Vote: Yeas: 9 Nays: 0 Recorded: May 24, 2017 Published: May 26, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G16-17 PASSED GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE CC1 CENTER CITY DISTRICT (77 RIVERSIDE DRIVE) Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 24, 2017 VOLUME LXXXII 180 Ordinance No. G16-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE CC1 CENTER CITY DISTRICT (77 Riverside Drive) WHEREAS, written application has been made requesting conditional use approval to establish an amusement and recreational service, not elsewhere classified (escape room business) at 77 Riverside Drive; and WHEREAS, the zoning lot with the building containing the premises at 77 Riverside Drive is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District and an amusement and recreational service, not elsewhere classified is listed as a similar use within the CC1 Center City District; and WHEREAS, the amusement and recreational service, not elsewhere classified as described in the written application for a conditional use at 77 Riverside Drive is most similar to the coin operated amusement establishments (7993) listed as a conditional use within the CC1 Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 3, 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 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 conditional use in the CC1 Center City District pertains to the government and affairs of the city. VOLUME LXXXII MAY 24, 2017 181 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 April 3, 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 an amusement and recreational service, not elsewhere classified (escape room business) is hereby granted for the property commonly known as 77 Riverside Drive and commonly identified by Kane County Property Identification Number (PIN) 06-14-433-030, and legally described as follows: Lot 12 (Except the Northwesterly 4 feet thereof and except that part lying Westerly of the Easterly line of Riverside Avenue) in Block 21 in the Original Town of Elgin on East side of Fox River, in the City of Elgin, Kane County, Illinois. 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 submitted by Escapade 360 LLC, as applicant, and Rob Jarvis, as property owner, received February 17, 2017 and supporting documents including: a. Undated Statement of Purpose and Conformance, received February 17, 2017; b. 76-80 South Grove, Elgin, IL building floor plans, prepared by Bristol Design Group, dated July 28, 2014; and c. Plat of Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyors, dated January 23, 1987; 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. All exterior street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. Section 4. 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 MAY 24, 2017 VOLUME LXXXII 182 Presented: May 24, 2017 Passed May 24, 2017 Vote: Yeas: 9 Nays: 0 Recorded: May 24, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G17-17 PASSED GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (ALCOHOLIC BEVERAGES) IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (481 BLUFF CITY BOULEVARD) Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G17-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (ALCOHOLIC BEVERAGES) IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (481 Bluff City Boulevard) WHEREAS, written application has been made requesting conditional use approval to establish a drinking place (alcoholic beverages) at 481 Bluff City Boulevard; and WHEREAS, the zoning lot with the building containing the premises at 481 Bluff City Boulevard is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the NB Neighborhood Business District and a drinking place (alcoholic beverages) is listed as a conditional use within the NB Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 3, 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 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 VOLUME LXXXII MAY 24, 2017 183 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the NB 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 April 3, 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 a “drinking place (alcoholic beverages) (5813)” is hereby granted for the property commonly known as 481 Bluff City Boulevard and commonly identified by Kane County Property Identification Number (PIN) 06-24-453-010, and legally described as follows: The East Half of Lot 1 in Block IV in Plat of William Redeker’s Second Addition to Elgin, being a Subdivision of part of the Southeast Quarter of Section 24, Township 41, North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1891 as Document No. 37257, in the City of Elgin, Kane County, Illinois. Section 3. That the conditional uses for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 4. Substantial conformance to the Development Application submitted by Maria Ibarra, as applicant, and Robert Julien, as property owner, received February 17, 2017 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance prepared by La Tremenda 2, 481 Bluff City Boulevard Elgin IL 60120, received February 15, 2017; b. Plat of Survey, prepared by John D. Rebik & Associates, dated January 24, 2017; c. Undated General Plat Restaurant: La Tremenda 2 481 Bluff City Boulevard, received February 20, 2017; d. Undated Basements plan, received February 20, 2017; e. Undated Store & Restaurant plan, received February 20, 2017; and MAY 24, 2017 VOLUME LXXXII 184 f. Undated 2nd Story Apartments plan, received February 20, 2017. 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. 5. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 24, 2017 Passed May 24, 2017 Vote: Yeas: 9 Nays: 0 Recorded: May 24, 2017 Published: May 11, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. Cultural Arts Commission, April 10, 2017 Emergency Telephone System Board, April 20, 2017 Planning and Zoning Commission, April 3, 2017 Retiree Health Insurance Trust Board, February 7, 2017 Committee of the Whole, April 26, 2017 City Council Minutes, April 26, 2017 VOLUME LXXXII MAY 24, 2017 185 Sales Tax Local Sales Tax State Income Tax State Use Tax Video Gaming Revenue Disbursement Reports ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Powell, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act The meeting adjourned at 8:12 p.m. s/ Jennifer Quinton June 14, 2017 Jennifer Quinton, Deputy City Clerk Date Approved