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HomeMy WebLinkAboutn - July 26, 2017 CC268 VOLUME LXXXII JULY 26, 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 July 26, 2017, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:07 p.m. The Invocation was given by Reverend Carol Book from Bethlehem Lutheran Church and the Pledge of Allegiance was led by Management Analyst Molly Center. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JULY 12, 2017, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve the July 12, 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Powell and Rauschenberger abstained. RECOGNIZE PERSONS PRESENT Eric Larson provided a recap of the Dennis Jurs Memorial Bike Race which was held on July 18, 2017. He thanked all those involved including members from city services and the volunteers. Armida and Joe Dominguez and Jessica and Jess Mendoza invited residents to attend New Life Covenant Church’s Hopefest being held on July 29, 2017. Danise Habun expressed concerns over flooding in her neighborhood and asked if there were short term solutions to this issue. Baldemar Lopez stated his support of the Charter school and urged the council to vote in favor of the proposed lease. Craig Braun expressed concerns over flooding in her neighborhood and asked for the city’s assistance in dealing with this issue. VOLUME LXXXII JULY 26, 2017 269 BID 17-010 AWARDED TO THE FITNESS CONNECTION FOR EASTSIDE RECREATION CENTER FITNESS EQUIPMENT Councilmember Dunne made a motion, seconded by Councilmember Gavin, to award a contract to The Fitness Connection in the total amount of $22,250 for the purchase of commercial grade fitness equipment to improve the quality of the equipment at the Eastside Recreation Center. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 17-033 AWARDED TO ABBEY PAVING & SEALCOATING FOR PARKING LOT EXPANSION AT JACK E. COOK REGIONAL PARK There was discussion regarding the paving and sealing materials being used for the parking lot and the consequences of not using the grant money being used for this project. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award the contract to Abbey Paving & Sealcoating in the total amount of $225,665 to expand the parking lot at Jack E. Cook Regional Park to accommodate the use of the soccer fields. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 17-034 AWARDED TO CURRAN CONTRACTING COMPANY FOR TRAFFIC SIGNAL INSTALLATION AT GALVIN DRIVE AND ROUTE 72 Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to Curran Contracting Company in the amount of $368,354 for the installation of the traffic signal at Galvin Drive and Route 72 to enhance the competitiveness of a commercial-industrial park. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 17-037 AWARDED TO THOMPSON ELEVATOR INSPECTION SERVICE, INC. FOR CONTRACTUAL ELEVATOR INSPECTION SERVICES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award the bid to Thompson Elevator Inspection Service, Inc. for a three-year term with an option for two, one- year renewals in the amount of $44,000 per year (neutral cost) to inspect new elevators within existing and new buildings, provide required semi-annual inspections of existing elevators, and conduct plan reviews of elevator shop drawings. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 26, 2017 VOLUME LXXXII 270 BID 17-038 AWARDED TO SAFE STEP, LLC FOR 2017 NEIGHBORHOOD SIDEWALK REPAIR PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract to Safe Step, LLC in the amount of $95,535 for the 2017 Neighborhood Sidewalk Repair Program in order to provide even sidewalks for better walking conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G35-17 PASSED GRANTING A CONDITIONAL USE FOR A CONDITIONAL RESIDENTIAL OCCUPATION IN THE RC2 RESIDENCE CONSERVATION DISTRICT (403 N. ALFRED STREET) Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez. Ordinance No. G35-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CONDITIONAL RESIDENTIAL OCCUPATION IN THE RC2 RESIDENCE CONSERVATION DISTRICT (403 N. Alfred Street) WHEREAS, written application has been made requesting conditional use approval to establish a conditional residential occupation for a certified massage therapist at 403 N. Alfred Street; and WHEREAS, the zoning lot with the building containing the premises at 403 N. Alfred Street is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the RC2 Residence Conservation District and a conditional residential occupation is classified as a conditional use within the RC2 Residence Conservation District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on June 5, 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 JULY 26, 2017 271 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 RC2 Residence Conservation 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 June 5, 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 conditional residential occupation for a certified massage therapist is hereby granted for the property commonly known as 403 N. Alfred Street and commonly identified by Kane County Property Identification Number (PIN) 06-15-228-003, and legally described as follows: Lot 20 in First Addition to Funk’s Western Heights 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 Sara Kasper, as applicant, and Stefanie Uphold, as property owner, received April 21, 2017 and supporting documents including: a. Statement of Purpose and Conformance, dated April 20, 2017, received May 9, 2017; b. Untitled letter from the applicant, dated April 20, 2017, received April 21, 2017; c. Certificate of Liability Insurance for Sara Kasper from Insurance Plus, dated December 27, 2016; d. Plat of Survey, prepared by AES Advanced Engineering & Surveying, dated April 12, 2016; and e. Untitled floor plan, received April 21, 2017. JULY 26, 2017 VOLUME LXXXII 272 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. No more than five persons shall be allowed to visit the subject property for the purpose of conducting business each day. Such visitations shall be limited to Monday-Friday 8:00 A.M. to 6:00 P.M. with no hours of operation on Saturday and Sunday. 3. The operation of the conditional residential occupation shall be limited to one licensed massage therapist residing in the dwelling unit on the premises. No additional employees or subcontractors are permitted to work on the premises as part of the conditional residential occupation hereby permitted. 4. Prior to the commencement of operation of the conditional residential occupation, the licensed massage therapist must obtain a massage therapist permit, and a permit for a massage therapy establishment from the City’s Public Health Division. 5. The applicant must obtain a Certificate of Occupancy prior to the commencement of operation of the conditional residential occupation. 6. No alterations, exterior or interior of structures on the property, temporary or permanent, that change the essential residential character of the land or structures of the zoning lot with the conditional residential occupation hereby authorized shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps. 7. No signs other than those allowed in a residence district by the zoning ordinance shall be allowed, including, but not limited to, any commercial signage for the purpose of promoting or advertising the conditional residential occupation on the premises. 8. The existing dwelling unit with the conditional residential occupation hereby authorized shall not generate more demand for off street parking than what exists and can be accommodated on the subject property. 9. 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 VOLUME LXXXII JULY 26, 2017 273 Presented: July 26, 2017 Passed July 26, 2017 Vote: Yeas: 8 Nays: 1 Recorded: July 26, 2017 Published: July 27, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-94 ADOPTED AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH ELGIN CHARTER SCHOOL INITIATIVE, ALSO KNOWN AS ELGIN MATH AND SCIENCE ACADEMY CHARTER SCHOOL, REGARDING LEASING A PORTION OF THE FORMER FOX RIVER COUNTRY DAY SCHOOL PROPERTY COMMONLY KNOWN AS 1600 DUNDEE AVENUE, ELGIN, ILLINOIS Councilmember Gavin made a motion, seconded by Councilmember Shaw, to remove Resolution 17-94 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. There was discussion regarding the terms of the lease including building improvements and subleasing. 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, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. Resolution No. 17-94 RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH ELGIN CHARTER SCHOOL INITIATIVE, ALSO KNOWN AS ELGIN MATH AND SCIENCE ACADEMY CHARTER SCHOOL, REGARDING LEASING A PORTION OF THE FORMER FOX RIVER COUNTRY DAY SCHOOL PROPERTY COMMONLY KNOWN AS 1600 DUNDEE AVENUE, ELGIN, ILLINOIS 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 Lease Agreement on behalf of the City of Elgin with the Elgin Charter School Initiative, also known as the Elgin Math and Science Academy Charter School, JULY 26, 2017 VOLUME LXXXII 274 regarding leasing a portion of the former Fox River Country Day School property commonly known as 1600 Dundee Avenue, Elgin, Illinois 60120, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 26, 2017 Adopted: July 26, 2017 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G32-17 through G34-17 and adopt Resolution Nos. 17-101 through 17-104 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 17-101 ADOPTED AUTHORIZING EXECUTION OF A COLLECTION SERVICES AGREEMENT WITH MUNICIPAL COLLECTIONS OF AMERICA, INC. FOR COLLECTION SERVICES REGARDING UNPAID PARKING AND ADJUDICATION FINES Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. 17-101 RESOLUTION AUTHORIZING EXECUTION OF A COLLECTION SERVICES AGREEMENT WITH MUNICIPAL COLLECTIONS OF AMERICA, INC. FOR COLLECTION SERVICES REGARDING UNPAID PARKING AND ADJUDICATION FINES 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 VOLUME LXXXII JULY 26, 2017 275 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 a collection services agreement on behalf of the City of Elgin with Municipal Collections of America, Inc. for collection services regarding unpaid parking and adjudication fines, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 26, 2017 Adopted: July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-102 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. 17-102 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute on behalf of the City of Elgin an Agreement between the City of Elgin and School District U-46 providing for school resource officers, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JULY 26, 2017 VOLUME LXXXII 276 Presented: July 26, 2017 Adopted: July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-103 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH VARIOUS UTILITY DEPARTMENT PROJECTS Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. 17-103 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH VARIOUS UTILITY DEPARTMENT PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of Elgin with Strand Associates, Inc. for engineering services in connection with various utility department projects, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 26, 2017 Adopted: July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXII JULY 26, 2017 277 RESOLUTION 17-104 ADOPTED APPROVING SETTLEMENTS OF CERTAIN CLAIMS Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. 17-104 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN CLAIMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the claim of Sandra Gilson (15 L 545) in the total amount of $65,000 is approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the claims related to James Maloney (508 River Bluff Road, DOL: 6-6-2016) in the total amount of $26,936.82 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 26, 2017 Adopted: July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G32-17 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1341B MANOR COURT) Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. JULY 26, 2017 VOLUME LXXXII 278 Ordinance No. G32-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1341 B Manor Court) WHEREAS, written application has been made requesting conditional use approval to establish a physical fitness facility at 1341 B Manor Court; and WHEREAS, the zoning lot with the building containing the premises at 1341 B Manor Court is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the PAB Planned Area Business District and ARC Arterial Road Corridor Overlay District, and a physical fitness facility is listed as a conditional use within the PAB Planned Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on June 5, 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 PAB Planned Area Business District and 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 June 5, 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. VOLUME LXXXII JULY 26, 2017 279 Section 2. That a conditional use for a physical fitness facility is hereby granted for the property commonly known as 1341 B Manor Court and commonly identified by Kane County Property Identification Number (PIN) 06-10-451-019, and legally described as follows: Lot 2 in Wing Park Manor Addition-Resubmission No. 1 being a subdivision of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 in Block 4 of Wing Park Manor Addition (Except that part of Lots 1 and 23 dedicated for public highway as shown on plat of dedication recorded July 14, 1976 as Document Number 1370262), 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: 10. Substantial conformance to the Development Application submitted by Nichol Sharp, as applicant, and Elgin Improvements LLC, as property owner, received April 14, 2017 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received April 14, 2017; b. Undated site plan, received April 14, 2014; c. Undated Floor Plan-Existing, received April 14, 2017; d. Undated Floor Plan-Proposed, received April 14, 2017; e. Undated Wing Park Shopping Center plan, received April 14, 2017; f. ALTA/ACSM Land Title Survey, prepared by Republic National Land Surveyors, dated February 6, 2014; g. Master Site Plan, prepared by Jacob & Hefner Associates, Inc., dated January 22, 2010; h. Landscape Development Plan, prepared by David R. McCallum Associates, Inc. dated February 12, 2010, last revised April 12, 2010; and i. Undated two-page Plans for Signs, received April 14, 2017. 11. All street graphics must comply with the zoning ordinance requirements. 12. 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 JULY 26, 2017 VOLUME LXXXII 280 Presented: July 26, 2017 Passed July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 26, 2017 Published: July 27, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G33-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS AND TO PROVIDE FOR OTHER EDITORIAL AMENDMENTS Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. G33-17 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS AND TO PROVIDE FOR OTHER EDITORIAL AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraphs J and S thereof to read as follows: "J. The number of class C licenses shall not exceed six (6) in number. S. The number of class F-2 licenses shall not exceed two (2) in number." Section 2. That Sections 6.06.140N, 6.06.58, and 6.06.059 of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended by deleting the references to the class U license therein. VOLUME LXXXII JULY 26, 2017 281 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 upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 26, 2017 Passed July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 26, 2017 Published: July 27, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G34-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. G34-17 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” WHEREAS, Section 5/4-1 of the Illinois Liquor Code (235 ILCS 5/4-1) authorizes cities to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor, and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII, Section 6 of the Illinois Constitution and may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and JULY 26, 2017 VOLUME LXXXII 282 WHEREAS, the regulation of alcoholic liquor dealers and the protection of the public health, safety and welfare and providing for the public good and convenience are subjects within the city's home rule authority pertaining to the city's government and affairs; and WHEREAS, the city council finds that it is necessary and desirable to further amend certain liquor license regulations regarding the sales of single servings of alcoholic beverages; and WHEREAS, the city council finds that the amendments as provided in this ordinance and this ordinance are necessary to protect the public health, safety and welfare and are for the public good and convenience; and WHEREAS, the amendments as provided in this ordinance and this ordinance are authorized by law and adopted pursuant to the city's home rule authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into and made part of this ordinance, as findings of the city council. Section 2. That Section 6.06.010 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions:" be and is hereby further amended by adding to the list of definitions provided therein the following additional definitions: "CENTER CITY BUSINESS DISTRICT: That area bounded by the north side of Kimball Street on the north, the east side of Dundee Avenue and the east side of Villa Street on the east, the south side of National Street on the south, and the west side of State Street on the west, including, in all instances, all adjacent properties on both sides of each boundary street." "KEG: Containers designed for and capable of holding any beer, ale, or other beverage made from malt by fermentation to be dispensed from a tapper." Section 3. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled, "Application; Contents:" be and is hereby further amended by amending Subparagraph C thereof by adding the following additional subsection 12 thereto: "12. An e-mail address at which the licensee can receive notices from the city, including, but not limited to, notices relating to persons to which the sale of alcoholic liquor is prohibited pursuant to Section 6.06.140K hereof." Section 4. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled, "Offenses by Licensee:" be and is hereby further amended by amending Subparagraph W thereof by adding to the existing listing of named low cost/high alcohol content beer and malt products the following additional products: VOLUME LXXXII JULY 26, 2017 283 "Black Max, Bud Ice, Ice House, Ice House Edge, Labatt Ice, Labatt Max Ice, Keystone Tall Boy, Natty Daddy, Three Estrellas, Genesee Ice, Cameo Black and Camo Silver Ice." Section 5. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled, "Offenses by Licensee:" be and is hereby further amended by adding the following new subparagraphs thereto to read as follows: "CC. Permit in the Center City Business District the sale of any beer or malt products by the single container, other than kegs, in the original package for off premises consumption; DD. Permit in the Center City Business District the sale of any single container of alcoholic liquor, other than beer, in the original package for off premises consumption if the volume of the container is less than 25.36 fluid ounces (or approximately 750 milliliters); EE. Sell any of the prohibited items in Subparagraphs CC and DD hereof attached together or repackaged in any method other than originally done by the distributor or manufacturer." Section 6. 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 7. 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: July 26, 2017 Passed July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 26, 2017 Published: July 27, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 26, 2017 VOLUME LXXXII 284 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. Bicycle & Pedestrian Advisory Committee, June 6, 2017 Cultural Arts Commission, June 12, 2017 Foreign Fire Insurance Tax Board, April 10, 2017 Board of Health, April 10, 2017 Heritage Commission – Design Review, June 13, 2017 Human Relations Commission, June 6, 2017 Liquor Commission, June 14, 2017 Committee of the Whole, June 28, 2017 City Council Minutes, June 28, 2017 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Natural Gas Tax Alcoholic Liquor Tax Disbursement Report 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 7:56 p.m. s/ Kimberly Dewis August 9, 2017 Kimberly Dewis, City Clerk Date Approved