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Home My WebLink Aboutp - August 23, 2017 CC296 AUGUST 23, 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 August 23, 2017, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Annette Forster, from Kids Hope USA and the Pledge of Allegiance was led by Community Development Director Marc Mylott. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 9, 2017, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve the August 9, 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 Jeff Turner Distinguished Service Award Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the City of Elgin appreciates the efforts of Jeff Turner in his lifelong dedication to family and community; and WHEREAS, the City of Elgin values the many hours of selfless service he has devoted to his community; and WHEREAS, the Elgin Cosmopolitan Club, a chartered not-for-profit civic service organization serving the Elgin area, has chosen Jeff Turner to receive the 75th Distinguished Service Award based on his outstanding contributions to the Elgin community. VOLUME LXXXII AUGUST 23, 2017 297 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, commemorate Thursday, June 15 in the year 2017 in honor of Jeff Turner as the recipient of the Distinguished Service Award for 2017. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 2017. David J. Kaptain Mayor Congressman Peter J. Roskam read the following: I rise today to honor a distinguished public servant from the Sixth District of Illinois. Jeff Turner has dedicated his life to the Elgin community and his incredible service is a truly impressive feat which may not be replicated. As the recipient of the 75th Elgin Cosmopolitan Club Distinguished Service Award, he serves as a role model for us all and as proof that one dedicated individual can change the lives of many. As an active participant within his village serving on multiple boards and committees, Jeff still finds time to successfully manage In the Neighborhood Deli. As the owner of this award- winning deli, he has been instrumental in starting a community dinner program that serves all. Hosting a total of four dinners per year, he has provided a meal to more than 800 residents within the surrounding neighborhoods. With his passion for people and commitment to the well-being of others, Jeff has devoted countless hours serving those around him. Nonetheless, his work does not stop there. He has previously partnered with the Community Garden Network of Elgin and volunteered as an honorary chef for both the Larkin Center Children’s Brunch back in 2010 and the Ecker Center’s Wishes for Wellness Brunch this past year. Additionally, he has served as a co-chair for both Elgin’s Green Expo and their Climate Change Organization Board. In 2016, Jeff was honored with the Harold T. Seigle Community Service Award, Elgin Junior Women’s Club Outstanding Man of the Year, and the D. Ray Wilson Volunteer Service Award. Through hard work and no small amount of perseverance, Jeff Turner has helped countless people and tremendously improved his community. Distinguished Members, please join me in congratulating Jeff for his years of service and many more to come. AUGUST 23, 2017 VOLUME LXXXII 298 PETITION 12-17, APPROVED FOR A MAP AMENDMENT TO THE EXISTING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G17-99 TO ESTABLISH A SENIOR ASSISTED LIVING AND MEMORY CARE/SKILLED NURSING FACILITY (RP2 LTD PARTNERSHIP), LOCATED AT 2155 POINT BOULEVARD Marc Mylott, Community Development Director, informed the council that the attorney representing RP2 Limited Partnership, submitted a letter withdrawing Petition 12-17. RESOLUTION 17-114 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PHYSIO-CONTROL, INC. FOR MECHANICAL CARDIOPULMONARY RESUSCITATION DEVICES Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne abstained. Resolution No. 17-114 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PHYSIO-CONTROL, INC. FOR MECHANICAL CARDIOPULMONARY RESUSCITATION DEVICES 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 Physio- Control, Inc. for mechanical cardiopulmonary resuscitation devices, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXII AUGUST 23, 2017 299 Presented: August 23, 2017 Adopted: August 23, 2017 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G37-17 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1195 NORTH MCLEAN BOULEVARD) Councilmember Powell 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. G37-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1195 North McLean Boulevard) WHEREAS, written application has been made for a conditional use at 1195 N. McLean Boulevard; and WHEREAS, the zoning lot with the building containing the premises at 1195 N. McLean Boulevard is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and accessory package liquor sales establishment [SR] (UNCL) is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on July 10, 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 AUGUST 23, 2017 VOLUME LXXXII 300 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 AB Area 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 July 10, 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 accessory package liquor sales establishment [SR] (UNCL) is hereby granted for the property commonly known as 1195 N. McLean Boulevard and commonly identified by Kane County Property Identification Number (PIN) 06-03-376-022, and legally described as follows: Parcel 1: That part of the South ½ of Fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the center line of North McLean Boulevard (formerly Sleepy Hollow Road) and the South line extended of Todd farm Drive, as platted in Ninth Addition to Century Oaks; thence Easterly along the said extended south line of Todd Farm Drive and along said South line 195.01 feet; thence Southerly parallel to the center line of North McLean Boulevard 88.00 feet; thence Westerly parallel to the South line of Todd Farm Drive, 195.01 feet to the center line of North McLean Boulevard; thence Northerly along said center line 88.0 feet to the point of beginning, the City of Elgin, Kane County, Illinois. Parcel 2: Easement for ingress and egress created by Grant of Easement recorded September 26, 1988 as Document Number 1933913 made by First National Bank of Elgin, as Trustee under Trust No. 2206, to White Hen Pantry, Inc. for the benefit of Parcel 1 over the following described easement parcel: That part of the South ½ of Fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the center line of North McLean Boulevard (formerly Sleepy Hollow Road) and the South line extended of Todd Farm Drive, as platted in Ninth Addition to Century Oaks; thence Easterly along the said extended South line of Todd Farm Drive and along said South line 195.01 feet; thence Southerly parallel to the VOLUME LXXXII AUGUST 23, 2017 301 center line of North McLean Boulevard 88 feet for the point of beginning; thence Westerly parallel to the South line of Todd Farm Drive, 195.01 feet to the center line of North McLean Boulevard; thence Southerly along said center line 24 feet; thence Easterly parallel to said South line of Todd Farm Drive 195.01 feet; thence North parallel to said center line of North McLean Boulevard 24 feet to the point of beginning, 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 Mitesh Patel, as applicant, and Patan Properties LLC, as property owner, received May 10, 2017, and supporting documents including: a. Undated Statement of Purpose and Conformance, received May 9, 2017; b. Letter of Consent from Mitesh Patel, owner of Patan Properties, dated May 7, 2017; c. Plat of Survey Alta/ACSM Land Title Survey, prepared by Michael J. Emmert Surveys, Inc., dated April 1, 2004; d. Undated Current and Future building floor plan, received May 9, 2017; and e. Undated sign drawing, received May 9, 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. 2. 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 Presented: August 23, 2017 Passed August 23, 2017 Vote: Yeas: 9 Nays: 0 Recorded: August 23, 2017 Published: August 25, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 23, 2017 VOLUME LXXXII 302 ORDINANCE G38-17 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 Councilmember Gavin made a motion, seconded by Councilmember Martinez, 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. G38-17 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 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 H thereof to read as follows: "H. The number of class B-4 licenses shall not exceed three (3) in number." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 23, 2017 Passed August 23, 2017 Vote: Yeas: 9 Nays: 0 Recorded: August 23, 2017 Published: August 25, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXII AUGUST 23, 2017 303 AUTHORIZATION FOR PAYMENTS Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve the authorization for payment to JPC Tree Care LLC for services related to July 11 and July 21 storm response. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G36-17 and adopt Resolution Nos. 17-112 through 17-113 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 17-112 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT #001 TO INTERAGENCY AGREEMENT #215246 REGARDING THE EXTENSION OF GRANT FUNDING BY THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR TWO PART-TIME DOMESTIC VIOLENCE CASE MANAGERS AND A SOCIAL WORK BI-LINGUAL INTERVENTIONIST Councilmember Shaw 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. 17-112 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT #001 TO INTERAGENCY AGREEMENT #215246 REGARDING THE EXTENSION OF GRANT FUNDING BY THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR TWO PART-TIME DOMESTIC VIOLENCE CASE MANAGERS AND A SOCIAL WORK BI-LINGUAL INTERVENTIONIST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, Debra Nawrocki, Chief Financial Officer, and Jeffrey Swoboda, Chief of Police, are hereby authorized and directed to execute Amendment #001 to Interagency Agreement #215246 regarding the extension of grant funding by the Illinois Criminal Justice Information Authority for two part-time domestic violence case managers and a social work bi- lingual interventionist, a copy of which is attached hereto and made a part hereof by reference. AUGUST 23, 2017 VOLUME LXXXII 304 BE IT FURTHER RESOLVED that David J. Kaptain, Mayor, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 23, 2017 Adopted: August 23, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-113 ADOPTED REGARDING THE APPROVAL AND RELEASE OF CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Shaw 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. 17-113 RESOLUTION REGARDING THE APPROVAL AND RELEASE OF CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Illinois Open Meetings Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, the City Council has determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and VOLUME LXXXII AUGUST 23, 2017 305 WHEREAS, the City Council has further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from January 2017, through June, 2017 are hereby approved as set forth in Exhibit A. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 23, 2017 Adopted: August 23, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A THESE MINUTES HAVE BEEN APPROVED AND CAN BE RELEASED AS NOTED • January 11, 2017 • February 8, 2017 • February 22, 2017 • March 22, 2017 • April 12, 2017 • May 24, 2017 (Except Item 1) • June 28, 2017 AUGUST 23, 2017 VOLUME LXXXII 306 EXHIBIT B CONFIDENTIAL TREATMENT STILL EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES • Portion of November 19, 2014 • Portion of April 8, 2015 • Portion of August 12, 2015 • Potion of May 24, 2017 (Item 1) ORDINANCE G36-17 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 Councilmember Shaw 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. Ordinance No. G36-17 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 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 Q and T thereof to read as follows: "Q. The number of Class F licenses shall not exceed six (6) in number. T. The number of Class M licenses shall not exceed two (2) in number." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. VOLUME LXXXII AUGUST 23, 2017 307 Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 23, 2017 Passed August 23, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 23, 2017 Published: August 25, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw 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, July 11, 2017 Cultural Arts Commission, July 10, 2017 Emergency Telephone System Board, June 15, 2017 Liquor Commission, July 12, 2017 Committee of the Whole, July 26, 2017 City Council Minutes, July 26, 2017 Electricity Tax Telecommunications Tax Natural Gas Tax Alcoholic Liquor Tax Video Gaming Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. AUGUST 23, 2017 VOLUME LXXXII 308 ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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 7:19 p.m. s/ Kimberly Dewis September 13, 2017 Kimberly Dewis, City Clerk Date Approved