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HomeMy WebLinkAbout2019 CC Minutes1 VOLUME LXXXIV JANUARY 9, 2019 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 January 9, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Rabbi Margaret Frisch Klein, from Congregation Kneseth Israel and the Pledge of Allegiance was led by Councilmember Carol Rauschenberger. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Absent: Councilmember Steffen. MINUTES OF THE DECEMBER 19, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve the December 19, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. COMMUNICATIONS Dr. Martin Luther King Jr. Proclamation Mayor Kaptain read the following proclamation: WHEREAS, Dr. Martin Luther King, Jr., born in Atlanta, Georgia, attended Morehouse College in Atlanta and Crozer Theological Seminary in Pennsylvania, and was a student thereafter at Boston University and the University of Pennsylvania, and, who following his studies, became a spiritual leader of his church; and WHEREAS, Dr. Martin Luther King, Jr., as a spiritual leader not only of his own congregation, but of millions throughout the world, espoused the philosophy of nonviolence to all mankind, and in recognition of his teachings was awarded the Nobel Peace Prize; and WHEREAS, Dr. Martin Luther King, Jr. spent a life in service to his fellow men and attempted to realize for them and for America, a dream of peace and brotherhood; and JANUARY 9, 2019 VOLUME LXXXIV 2 WHEREAS, Dr. Martin Luther King, Jr., in his campaign for Civil Rights, extended his work for the benefit of all humanity, and especially for the poor, and was a leader in the cause of world peace; and WHEREAS, The City of Elgin is a blessed and compassionate city, priding itself on its diversity and welcoming its many immigrant groups and its many communities of faith; and WHEREAS, Elgin is a leader among cities, has citizens and a government that cares, and is indeed The City to Watch; and WHEREAS, The City of Elgin through its Human Relations Commission and the Dr. King Celebration Committee has honored the legacy of Martin Luther King, Jr. for 33 years, reflecting our commitment to Dr. Martin Luther King Jr.’s vision of a nation committed to non- violence and love in our cities. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Saturday, January 19th and Monday, January 21st, 2019, as days in honor of the memory of Dr. Martin Luther King, Jr. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of January, 2019. s/David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT James Struck stated his concerns regarding fee changes and requirements at the Highlands Golf Course. Reverend Jeff Mikyska, Holy Trinity Lutheran Church, stated his concerns regarding the potential impact of reinstating Lieutenant Jensen. Emmetia Sneed, Decynthia Clements sister, stated that she does not want Lieutenant Jensen back at work. Karen Schlack, First Presbyterian Church, stated her concerns regarding the impact of reinstating Lieutenant Jensen. Reverend Michael Montgomery, First Congregational United Church of Christ, stated his concerns regarding the potential impact of reinstating Lieutenant Jensen. Demetrius Smith commented on the process to determine if Lieutenant Jensen would be allowed back to work. Mayor Kaptain noted that the case was ongoing and would give councilmembers time to comment later in the meeting. VOLUME LXXXIV JANUARY 9, 2019 3 Jose Bosque stated his experiences and concerns regarding filing a complaint with the Police Department. Mary Shesgreen stated her hope that Lieutenant Jensen was not reinstated. She further commented on responses to those with mental health issues. Chuck Keysor announced a candidate’s forum hosted by the Elgin Octave to be held on Thursday, February 21, 2019, at Wesley United Methodist Church, 1070 South Street. Steve Thoren noted that it was Law Enforcement Appreciation Day and thanked police officers for their public service. Matt Habib thanked the council and the city staff for assistance in resolving an issue at his business location. He also thanked the Downtown Neighborhood Association staff their help. Dave Daubert, Pastor for Zion Lutheran Church, stated his concerns regarding the impact of reinstating Lieutenant Jensen. Mayor Kaptain opened the floor to the City Councilmembers to respond. Councilmember Dixon stated his support of the Police Department, but does not want to see Lieutenant Jensen reinstated. Councilmember Gavin noted pending litigation and a decision regarding Lieutenant Jensen would come from the city manager and police chief. Councilmember Martinez noted the difficulty of the situation, but the need for the investigation to run its course. Councilmember Powell stated she understood the frustration and the need for accountability. She acknowledged the ongoing investigations and her intention to pursue an independent investigation. She stated what she felt the city council’s role is in the decision making process regarding Lieutenant Jensen. Councilmember Rauschenberger stated her concerns regarding how those with mental illness are treated and the need for further training. Councilmember Shaw would like to have the investigations completed before a decision is made. He asked for more support from the community and the clergy to help those with mental illness. JANUARY 9, 2019 VOLUME LXXXIV 4 PETITIONS 41-18 AND 50-18 APPROVED FOR 848-850 VILLA STREET, REZONING AND CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO ESTABLISH A MOBILE HOME COMMUNITY EVENT SPACE Marc Mylott, Community Development Director, provided an overview of the project that would allow for rezoning and grant a conditional use for a Planned Development to establish. a community event space. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petitions 41-18 and 50-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G1-19 and adopt Resolution No. 19-1 through 19-6 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. RESOLUTION 19-1 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 19-1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS 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 VOLUME LXXXIV JANUARY 9, 2019 5 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 Engineering Enterprises, Inc., for professional services in connection with the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural submittals, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-2 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 19-2 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS 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 JANUARY 9, 2019 VOLUME LXXXIV 6 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 Hey & Associates, Inc., for professional services in connection with the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural submittals, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-3 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH ONE SENSE, LLC FOR PARKAWARE SMART PARKING MANAGEMENT PLATFORM Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 19-3 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH ONE SENSE, LLC FOR PARKAWARE SMART PARKING MANAGEMENT PLATFORM 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 a Purchase Agreement on behalf of the City of Elgin VOLUME LXXXIV JANUARY 9, 2019 7 with One Sense, LLC, for ParkAware Smart Parking Management Platform, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-4 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PHASE II ENGINEERING SERVICES IN CONNECTION WITH THE CHICAGO STREET SURFACE TRANSPORTATION PROGRAM (STP) PROJECT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 19-4 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PHASE II ENGINEERING SERVICES IN CONNECTION WITH THE CHICAGO STREET SURFACE TRANSPORTATION PROGRAM (STP) PROJECT 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc. for Phase II engineering services in connection with the JANUARY 9, 2019 VOLUME LXXXIV 8 Chicago Street Surface Transportation Program (STP) Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-5 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ELGIN AREA HISTORICAL SOCIETY FOR RENOVATION OF THE PROPERTY COMMONLY KNOWN AS 302 W. CHICAGO STREET Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 19-5 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ELGIN AREA HISTORICAL SOCIETY FOR RENOVATION OF THE PROPERTY COMMONLY KNOWN AS 302 W. CHICAGO 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 a Service Agreement on behalf of the City of Elgin with Elgin Area Historical Society for renovation of the property commonly known as 302 W. Chicago Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV JANUARY 9, 2019 9 Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-6 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 19-6 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Jeffrey Adam, Case No. 15 WC 4703, in the total amount of $183,842.50 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 9, 2019 VOLUME LXXXIV 10 ORDINANCE G1-19 PASSED AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G67-07 (335 LOCUST STREET – ST. EDWARD HIGH SCHOOL) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Ordinance No. G1-19 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G67-07 (335 Locust Street – St. Edward High School) WHEREAS, the territory herein described has been classified in the PCF Planned Community Facility District and is subject to the requirements of Ordinance No. G67-07; and WHEREAS, written application has been made to amend PCF Planned Community Facility District Ordinance No. G67-07 to increase the number of nighttime events at the outdoor athletic facility Greg True Field established by Ordinance No. G67-07; and WHEREAS, the zoning lot containing the premises at 335 Locust Street is legally described in Ordinance No. G67-07 (the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 3, 2018, following due notice including 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 PCF Planned Community Facility District pertains to the government and affairs of the city. VOLUME LXXXIV JANUARY 9, 2019 11 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 December 3, 2018, 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 4. 10. 2. of Ordinance No. G67-07, is hereby amended in its entirety to read as follows: 2. The total number of nighttime events at the outdoor athletic facility Greg True Field shall be limited to twenty (20) events per calendar year. Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G67-07. In the event of any conflict between this ordinance and Ordinance No. G67-07, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 9, 2019 Passed: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 9, 2019 Published: January 11, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. JANUARY 9, 2019 VOLUME LXXXIV 12 Cultural Arts Commission, November 12, 2018 Design Review Subcommittee, September 25, October 9, November 13, 2018 Emergency Telephone System Board, November 15, 2018 Fire Pension Fund, Various February 19 through December 4, 2018 Foreign Fire Insurance Tax Board, July 9, 2018 Liquor Control Commission, September 12 and October 10, 2018 Parks and Recreation Board, October 30, 2018 Planning and Zoning Commission, October 1 and November 5, 2018 Committee of the Whole, December 5, 2018 Committee of the Whole, December 8, 2018 City Council Minutes, December 5, 2018 Natural Gas Tax Revenue Alcohol Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:34 p.m. s/ Kimberly Dewis January 23, 2019 Kimberly Dewis, City Clerk Date Approved 13 VOLUME LXXXIV JANUARY 23, 2019 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 January 23, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Abi Raices from New Life Covenant Church and the Pledge of Allegiance was led by Councilmember Tish Powell. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 9, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve the January 9, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. COMMUNICATIONS Black History Family Festival Day Proclamation Mayor Kaptain read the following proclamation: WHEREAS, the Mission of the Black History Family Festival is to use education and all aspects of cultural arts to creatively promote literacy while celebrating the diversity and rich history specific to the local and global African American experience; in an effort to empower individuals, strengthen families, and unite the greater community; and WHEREAS, the Vision of the Black History Family Festival is to promote literacy and unite the Elgin area in celebration of the African American experience; and WHEREAS, through a variety of instructive, entertaining and interactive activities, the Black History Family Festival endeavors to “strike a chord” within each individual that encourages and facilitates the desire to learn; and JANUARY 23, 2019 VOLUME LXXXIV 14 WHEREAS, the Festival promotes a community where learning is embraced for a lifetime; literacy becomes part of the collective culture; and where celebrating ethnic differences strengthens the resolve to strive for the greatness that resides within each of us; and WHEREAS, the Black History Family Festival will celebrate its 14th Anniversary on February 2, 2019; and WHEREAS, The Black History Family Festival in partnership with the City of Elgin, Elgin Community College, Gail Borden Public Library, School District U-46 and the Elgin History Museum will present “Young, Bright & Brilliant” at the Gail Borden Library from 1 p.m.–5 p.m. on Saturday, February 2, 2019. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim that henceforth, the first Saturday in February be recognized as Black History Family Festival Day in the City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2019. s/David J. Kaptain Mayor Elgin High School 150th Anniversary Proclamation Mayor Kaptain read the following proclamation: WHEREAS, Elgin High School is one of the oldest high schools in the State of Illinois and is a beloved educational institution which has moved continually toward its aspiration to be a place of “Education for All”; and WHEREAS, Founded in 1869, the school’s founder, Charles F. Kimball, insisted that “No other public interest, whether it be the paving of streets, the building of a bridge, the laying of a system of sewerage. . . is of so great importance to this community as the schools of the city”; and WHEREAS, The first class contained 12 students and the present freshman class comprises 817 students with the course of study adapting to changing times from classical to commercial, to comprehensive/college preparatory to career path; and WHEREAS, Elgin High School has occupied four locations with the school residing on Maroon Drive since 1972 and a move to change the school name in the 1960’s was met with firm resolve on the part of the community to remain the Elgin High School Maroons; and WHEREAS, The more than 43,000 graduates have made contributions in Elgin and beyond as good neighbors, citizens, scientists, artists, physicians, musicians, athletes, factory VOLUME LXXXIV JANUARY 23, 2019 15 workers, entrepreneurs, lawyers, engineers, activists, soldiers, leaders, clerks, inventors, writers, laborers, first responders, philanthropists, builders and teachers. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby recognize, honor, and commend Elgin High School on the milestone occasion of its 150th Anniversary and heartily encourage the attendance of all able alumni to the “All Class Reunion” on April 13, 2019. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January 2019. s/David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Earl Silbar stated his opinion regarding the Decynthia Clements shooting and the status of Lieutenant Jensen. Nate Edmonds, African American Christian Minister’s Alliance, read a statement regarding the group’s opposition to reinstating Lieutenant Jensen. Sue Webb, representing the South West Area Neighborhood (SWAN), thanked the city for their efforts to correct infrastructure issues in the neighborhood. Demetrius Smith outlined his involvement in the community and his support of Decynthia Clements. BID 19-003 AWARDED TO ERA VALDIVIA CONTRACTORS, INC., FOR ALFT LANE WATER TOWER RECONDITIONING PROJECT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a contract to Era Valdivia Contractors, Inc., in the amount of $893,750 for the Alft Lane Water Tower Reconditioning Project. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass Ordinance Nos. G2-19, G3-19 and adopt Resolution Nos. 19-7 through 19-12 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JANUARY 23, 2019 VOLUME LXXXIV 16 RESOLUTION 19-7 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCE ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-7 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCE ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS 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 Engineering Resource Associates, Inc., for professional services in connection with the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural submittals, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JANUARY 23, 2019 17 RESOLUTION 19-8 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2018 RESIDENTIAL RESURFACING (EAST) PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-8 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2018 RESIDENTIAL RESURFACING (EAST) PROGRAM 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 Amendment Agreement No. 2 on behalf of the City of Elgin with Engineering Enterprises, Inc. for supplemental professional engineering services in connection with the 2018 residential resurfacing (East) program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 23, 2019 VOLUME LXXXIV 18 RESOLUTION 19-9 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH BAXTER & WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2014-2018 Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-9 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH BAXTER & WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2014-2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 3 on behalf of the City of Elgin with Baxter & Woodman, Inc. for engineering, permit compliance and field inspection services in connection with the NPDES Phase II Storm Water Permit Compliance Project 2014-2018, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JANUARY 23, 2019 19 RESOLUTION 19-10 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 4 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION, FIELD ENGINEERING AND FIELD INSPECTION ACTIVITIES FOR JANUARY 2019 TO DECEMBER 2019 IN CONNECTION WITH THE 2014 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-10 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 4 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION, FIELD ENGINEERING AND FIELD INSPECTION ACTIVITIES FOR JANUARY 2019 TO DECEMBER 2019 IN CONNECTION WITH THE 2014 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 4 on behalf of the City of Elgin with R.K. Johnson & Associates, Inc. for engineering, permit compliance, report preparation, field engineering and field inspection activities for January 2019 to December 2019 in connection with the 2014 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 23, 2019 VOLUME LXXXIV 20 RESOLUTION 19-11 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 5 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES – PHASE III ENGINEERING SERVICES FOR LORD STREET BASIN COMBINED SEWER SEPARATION – PHASE V IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION – STANDISH/ELM PROJECT Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-11 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 5 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES – PHASE III ENGINEERING SERVICES FOR LORD STREET BASIN COMBINED SEWER SEPARATION – PHASE V IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION – STANDISH/ELM PROJECT 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 Amendment Agreement No. 5 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for construction engineering activities – Phase III engineering services for Lord Street basin combined sewer separation – Phase V in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation – Standish/Elm Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JANUARY 23, 2019 21 RESOLUTION 19-12 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-12 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Rosamaria D. Martinez, Carol Rauschenberger, Barbara Keselica and Elizabeth Marston are hereby appointed as members of the Elgin Area Convention and Visitor's Bureau, for terms that will expire on December 31, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G2-19 PASSED RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO MFR MULTIPLE FAMILY RESIDENCE DISTRICT (848-850 VILLA STREET) Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JANUARY 23, 2019 VOLUME LXXXIV 22 Ordinance No. G2-19 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO MFR MULTIPLE FAMILY RESIDENCE DISTRICT (848-850 Villa Street) WHEREAS, written application has been made to reclassify certain properties located at 848 Villa Street and 850 Villa Street from CI Commercial Industrial District to MFR Multiple Family Residence District; and WHEREAS, the zoning lots with the buildings containing the premises at 848 Villa Street and 850 Villa Street are legally described herein (the “Subject Properties”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 3, 2018 following due notice including 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 map amendment from CI Commercial Industrial District to MFR Multiple Family Residence 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 December 3, 2018, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: VOLUME LXXXIV JANUARY 23, 2019 23 The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the MFR Multiple Family Residence District the following described properties: LOTS 6 AND 7 IN BLOCK 4 IN LYNNDALE PARK ADDITION TO HANOVER, OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS. (commonly known as 848 Villa Street), and LOTS 16, 17 AND 18 IN BLOCK 1 IN LYNNDALE PARK ADDITION TO HANOVER, OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS. (commonly known as 850 Villa Street). Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Passed: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: January 23, 2019 Published: January 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 23, 2019 VOLUME LXXXIV 24 ORDINANCE G3-19 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO ESTABLISH A MOBILE HOME COMMUNITY EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE MFR MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (848 VILLA STREET) Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G3-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO ESTABLISH A MOBILE HOME COMMUNITY EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE MFR MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (848 Villa Street) WHEREAS, written application has been made requesting conditional use approval for a planned development to establish a mobile home community event space involving various assemblies of people at 848 Villa Street; and WHEREAS, the zoning lot with the building containing the premises at 848 Villa Street is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the MFR Multiple Family Residence District and ARC Arterial Road Corridor Overlay District, and a community event space for activities pertaining to assembly of people is listed as a conditional use within the MFR Multiple Family Residence District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 3, 2018 following due notice including 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 conditions; 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 VOLUME LXXXIV JANUARY 23, 2019 25 WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the MFR Multiple Family Residence 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 December 3, 2018, 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 mobile home community event space involving various assemblies of people is hereby granted for the property commonly known as 848 Villa Street, and commonly identified by Cook County Property Index Numbers 06-19-104-017-0000 and 06-19-104-018-0000, and legally described as follows: LOTS 6 AND 7 IN BLOCK 4 IN LYNNDALE PARK ADDITION TO HANOVER, OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS. (commonly known as 848 Villa Street). 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 Demeke Berhanu-Haile, as applicant, and Whispering Sands II, LLC, as property owner, received September 18, 2018, and supporting documents including: a. Letter regarding “Annexation-zoning application for Club House for Residents of the trailer homes community”, prepared by Demeke Berhanu-Haile, dated September 7, 2018; b. Plat of Survey, prepared by Engineering Resources Associates, dated September 7, 2018; c. Landscape Plan and Details, Sheet L1.0, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised January 06, 2019; d. Landscape Plan and Details, Sheet L1-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; e. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; f. Site Photometric Plan, Sheet PH0.1, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; g. First & Mezzanine Floors – Demolition Plans, Sheet D-1, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; JANUARY 23, 2019 VOLUME LXXXIV 26 h. First & Mezzanine Floor Plans, Sheet A2-0, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; i. Elevations & Sections, Sheet A2-1, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; j. Existing Conditions and Demolitions Plan, prepared by Engineering Resource Associates, dated June 14, 2018, last revised November 6, 2018; k. Site Development Plan, prepared by Engineering Resource Associates, dated June 14, 2018, last revised November 6, 2018; l. Details plan, prepared by Engineering Resource Associates, dated June 14, 2018, last revised November 6, 2018; and m. Renderings, Sheets R-1, R-2, R-3, R-4, and R-5, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018. 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. A departure is hereby granted to permit the construction of the refuse collection area with a minimum building rear yard setback of six feet, and minimum building side yard setback of six feet, in substantial conformance with the following: a. Landscape Plan and Details, Sheet L1.0, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised January 06, 2019; b. Landscape Plan and Details, Sheet L1-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; c. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; d. Site Development Plan, prepared by Engineering Resource Associates, dated June 14, 2018, last revised November 6, 2018; 3. A departure is hereby granted to permit the construction of a patio with a minimum building street yard setback of three feet from the south and east property lines, and no minimum building side yard setback from the west property line, in substantial conformance with the following: a. Landscape Plan and Details, Sheet L1.0, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised January 06, 2019; b. Landscape Plan and Details, Sheet L1-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; c. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; d. Site Development Plan, prepared by Engineering Resource Associates, dated June 14, 2018, last revised November 6, 2018; 4. The community center facility shall only be available for rent to the residents of the Old Oaks Estates mobile home community, and shall not be available for rent to members of the general public. VOLUME LXXXIV JANUARY 23, 2019 27 5. Box-type wall graphics are not permitted. Any wall graphics to be installed must be channel-letters street graphic attached to the masonry portion of the exterior walls. Any window/door signs shall be painted on the glass. 6. Assembly uses permitted by this grant of conditional use shall include: a. Business Meetings, Business Dinners, Breakout Session, and/or Round-Table Discussions; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Celebrations, Holiday Events, Social Events, Soirees, and Private Parties, such as Anniversaries, Birthdays, Bar Mitzvahs and Bat Mitzvahs, Graduations, and/or Quinceaneras, provided: i. Said event is not advertised to the general public, ii. Said event is by private invitation only, and iii. No gate charge, cover charge, or other entrance fee or donation is required or encouraged; f. Design and Creative Classes, such as Calligraphy, Art, Pottery, and/or Painting Classes; g. Farm-to-table Meal Events; h. Fundraisers; i. Galas; j. Gallery Displays, including but not limited to works of art, either temporary or permanent; k. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events; l. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; m. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; n. Networking Events; o. Plenary or General Sessions; p. Political Events q. Press Conferences; r. Retreats and Team Buildings Events; s. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; t. Wine and/or Food Tastings (subject to the issuance of the appropriate liquor license); and u. Other like assemblies of people. 7. Incidental entertainment as an accessory use to a permitted principal use or an above assembly use is permissible, in so long as said entertainment complies with all city JANUARY 23, 2019 VOLUME LXXXIV 28 codes and ordinances, including but not limited to the restrictions upon “uses, accessory” as articulated within Section 19.90.015, “Definitions and Regulations” of the Elgin Municipal Code, 1976 as amended, and as said section may be amended from time to time. 8. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off- site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 9. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the community event space. The applicant must comply with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended. 10. 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: January 23, 2019 Passed: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: January 23, 2019 Published: January 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JANUARY 23, 2019 29 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. E-911 Board November 15, 2018 and December 20, 2018 Board of Health, October 8, 2018 Heritage Commission November 6, 2018 Human Relations Commission December 4, 2018 Liquor Control Commission, December 5, 2018 Planning and Zoning Commission December 3, 2018 Committee of the Whole Minutes for December 19, 2018 City Council Minutes for December 19, 2018 Sales Tax Electricity Tax Hotel/Motel Tax Telecommunications Tax Alcoholic Liquor Tax Video Gaming Tax Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:37 p.m. s/ Kimberly Dewis February 13, 2019 Kimberly Dewis, City Clerk Date Approved 30 VOLUME LXXXIV FEBRUARY 13, 2019 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 February 13, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Chasity Gunn, an Elgin Poet Laureate and Denise Tracy, Chaplain for the Elgin Police Department, and the Pledge of Allegiance was led by Councilmember Rose Martinez. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 23, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the January 23, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Mama Lee’s Gourmet Popcorn Proclamation Mayor Kaptain asked Councilmember Powell to read the following proclamation: PROCLAMATION WHEREAS, February has been designated as Black History Month where all citizens are encouraged to reflect on the sacrifices and contributions made by generations of African- Americans and resolve to recognize long-standing local African-American business owners who have made important contributions and are advocates in our community; and WHEREAS, One such family owned business is Mama Lee’s Gourmet Popcorn, which was founded in downtown Elgin in July of 2015 by Elgin natives, Christopher and Ashley Sumner; and VOLUME LXXXIV FEBRUARY 13, 2019 31 WHEREAS, The shop is named after Chris’s mother, Leticia, who first taught him how to make caramel popcorn and he continues to share her sense of love and her commitment to giving back to the community with the slogan “Taste the Love” and extols every customer to have a “Poptastic Day”!; and WHEREAS, Mama Lee’s gourmet popcorn is popped and made fresh daily on site with over 40 signature flavors that Chris hand selects and rotates weekly, with the most popular being the "Elgin Mix," combining white cheddar, garlic and caramel, and encourages all customers to view their shop as their home away from home; and WHEREAS, the City of Elgin appreciates the efforts of Christopher and Ashley Sumner of Mama Lee’s in their life-long dedication to family and their business and promoting the aspirations of the African-American community. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby ask all citizens to join me in honoring Christopher and Ashley Sumner of Mama Lee’s Gourmet Popcorn for their dedication to their business, the community and the City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of February, 2019. David J. Kaptain Mayor Christopher and Ashley Sumner thanked the Council and the community for supporting their business, Mama Lee’s Gourmet Popcorn. RECOGNIZE PERSONS PRESENT Marcus Banner expressed his concerns regarding the potential for Officer Jensen to return to work. Paul Berland stated his experiences and his concerns regarding Officer Jensen returning to work. Bill O’Neill stated his support of the due process procedure in regards to Officer Jensen. He also expressed concerns regarding Councilmember Powell’s contacting Cities United and use of her campaign email address. Patrick Stephen expressed his respect for law enforcement and his support for DeCynthia Clements family. Doug Henke supports the upcoming proposed ordinance change that would allow Legit Dogs and Ice to host musical performances at their venue. Scott Douglas stated his support of Councilmember Dixon and Councilmember Powell. He stated his concerns regarding the potential for Officer Jensen to return to work. FEBRUARY 13, 2019 VOLUME LXXXIV 32 Traci O’Neal-Ellis stated her experience as an attorney and an HR executive. She expressed her concerns regarding the potential for Officer Jensen to return to work. Pastor Walter Blalark stated his concerns regarding the potential for Officer Jensen to return to work. Shirley Sadjadi expressed her concerns regarding the safety of the community if Officer Jensen was allowed to return to work. Mayor Kaptain stated that the 30 minute time allowed for this portion of the agenda had been reached, however due to the large number of people that had signed up to speak this portion of the agenda would continue after the conclusion of the other items listed on the agenda. BID 18-051 AWARDED TO KEMIRA WATER SOLUTIONS, INC. FOR WATER TREATMENT CHEMICALS – REVISED FERRIC SULFATE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve a contract with Kemira Water Solutions, Inc. in the amount of $159,500 for the purchase of water treatment chemicals in order to continue to provide purified drinking water to City businesses and residents. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-001 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF 2019 POOL CHEMICALS Councilmember Steffen made a motion, seconded by Councilmember Powell, Award a contract to Aqua Pure Enterprises ($399), Leslie’s Swimming Pool Supplies ($5,643), Halogen Supply Company ($24,500), Univar ($13,743) and Hawkins ($4,983) for pool chemicals in the total amount of $49,268 in order to maintain City pools to ensure the highest water quality and safety to patrons. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-006 AWARDED TO CONVERGING NETWORKS GROUP FOR THE PURCHASE OF EXTREME NETWORK X460-G2 SWITCHES Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the bid to Converging Networks Group for Extreme Network X460-G2 Switches in the amount of $84,400 in order to replace obsolete first-generation Extreme network switches in critical network locations. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV FEBRUARY 13, 2019 33 BID 19-007 AWARDED TO STAPLES BUSINESS ADVANTAGE FOR THE PURCHASE OF PERSONAL COMPUTERS AND MONITORS ($77,613) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve an agreement with Staples Business Advantage in the amount of $77,613 for the purchase of 120 HP desktop computers and 50 ViewSonic LED Monitors to replace functionally obsolete equipment and improve staff working environment, productivity and support. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR THE BOILER REPLACEMENT AT LORDS PARK POOL Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve a contract with F. H. Paschen in the amount of $185,178 for the boiler replacement at Lords Park pool. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASE PROGRAM APPROVED TO PURCHASE THE PANASONIC HOSTED WEB PUBLISHING BUNDLE Councilmember Dixon made a motion, seconded by Councilmember Rauschenberger, to approve the purchase of the Panasonic Hosted Web Publishing Bundle in the amount of $23,720 in order to increase operational efficiencies within the police department with improved technology. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SOURCEWELL PURCHASING COOPERATIVE CONTRACT APPROVED WITH RUSH TRUCK CENTER FOR THE PURCHASE OF VARIOUS PUBLIC WORKS VEHICLES ($550,171) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a contract with Rush Truck Center in the amount of $550,171 for the purchase of two International snow plow/dump trucks and one International aerial lift truck for the public works department. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 13, 2019 VOLUME LXXXIV 34 PETITION 56-18 APPROVED FOR THE PROPERTY LOCATED AT 25 S. GROVE AVENUE, SUITE 201, FOR CONDITIONAL USE TO RELOCATE AN EXISTING INDIVIDUAL AND FAMILY SOCIAL SERVICE (BRADEN COUNSELING CENTER) WITHIN THE SAME BUILDING Marc Mylott, Community Development Director, stated in 2016, Braden Counseling Center received conditional use approval to operate from approximately 800 square feet in Suite 305. The applicant is now requesting approval to relocate to a larger, approximately 1,600-square foot suite within the same building (Suite 201). The Planning and Zoning Commission and staff are recommending approval. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 56-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSIDERATION OF A REQUEST TO FILE AN APPLICATION TO AMEND THE ZONING ORDINANCE, REGARDING PARKING RECREATIONAL AND COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY (COUNCILMEMBER DIXON AND MAYOR KAPTAIN) A summary of the application for the proposed text amendments to the City’s zoning ordinance was outlined as follows: (1) allow the parking of recreational vehicles on residential property during the five-month, peak camping season of May through September, provided the vehicle was motorized, less than 25 feet long, and parked on a lawful surface, among other things; (2) allow the residential, off-street parking of heavier weight trucks and sport utility vehicles that are in common use by residents, and; (3) allow a taxi cab driver to park one cab at their residence. It was noted that the process is initiated by an application for text amendment by the city council. Should the city council vote to approve submitting the application, the public hearing before the Planning and Zoning Commission (PZC) will occur on April 1, 2019. PZC will then consider the application and provide the city council with its recommendation. Council discussed allowing off-street parking of heavier weight trucks and SUV’s while still excluding commercial vehicles, and accommodating changing industry standards regarding taxis and Uber/Lyft drivers by allowing them to park in their driveways. Also discussed was the continued exclusion of trailers in regards to recreational vehicles, additional setbacks for the recreational vehicles, and the limited timeframe for parking for recreational vehicles on private property. Councilmember Dixon made a motion, seconded by Councilmember Powell, to move the application forward to the Planning and Zoning Commission. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Gavin. VOLUME LXXXIV FEBRUARY 13, 2019 35 SUPPLEMENTAL RESOLUTION 19-20 ADOPTED FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE 2014 MOTOR FUEL TAX PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. THIS RESOLUTION IS ON FILE IN THE CITY CLERK’S OFFICE RESOLUTION 19-21 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE POLICE SERGEANT ASSESSMENT CENTER 2019 Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-21 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE POLICE SERGEANT ASSESSMENT CENTER 2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Industrial/Organization Solutions, Inc., for professional services in connection with the design of the police sergeant assessment center 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 13, 2019 VOLUME LXXXIV 36 ORDINANCE G4-19 PASSED REPEALING CHAPTER 10.34 ENTITLED “PANHANDLING” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Gavin questioned why the ordinance was being repealed. Corporation Counsel Cogley stated that there continue to be a succession of higher court cases that are limiting the ability of a municipality to suppress aggressive panhandling. He recommends repealing this section of the Elgin Municipal Code and that the aggressive panhandling would be independently prosecuted on a case by case basis through other legal avenues already in place. Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance G4-19 AN ORDINANCE REPEALING CHAPTER 10.34 ENTITLED "PANHANDLING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 10.34 of the Elgin Municipal Code, 1976, as amended, entitled "Panhandling" be and is hereby repealed in its entirety. 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 ten (10) days after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Passed: February 13, 2019 Vote: Yeas: 8 Nays: 0 Recorded: February 13, 2019 Published: February 15, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV FEBRUARY 13, 2019 37 CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt Resolution Nos. 19-13 through 19-19 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-13 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT PURPOSES FROM 1000 EAST CHICAGO STREET, LLC (960, 970 AND 980 EAST CHICAGO STREET) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-13 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT PURPOSES FROM 1000 EAST CHICAGO STREET, LLC (960, 970 and 980 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Grant for stormwater management purposes from 1000 East Chicago Street, LLC regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement Grant for 960, 970 and 980 East Chicago Street to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 13, 2019 VOLUME LXXXIV 38 RESOLUTION 19-14 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET REHABILITATION – GERTRUDE/JEWETT PROJECT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-14 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET REHABILITATION – GERTRUDE/JEWETT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for professional engineering services in connection with the 2019 Neighborhood Street Rehabilitation – Gertrude/Jewett Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-15 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADVOCATE SHERMAN HOSPITAL FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PRE-PLACEMENT PHYSICAL EXAMINATIONS & OTHER SERVICES FOR THE POLICE AND PUBLIC SERVICES DEPARTMENT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV FEBRUARY 13, 2019 39 Resolution No. 19-15 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADVOCATE SHERMAN HOSPITAL FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PRE-PLACEMENT PHYSICAL EXAMINATIONS & OTHER SERVICES FOR THE POLICE AND PUBLIC SERVICES DEPARTMENT 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 Agreement on behalf of the City of Elgin with Advocate Sherman Hospital, for professional services in connection with the pre-placement physical examinations and other services for the police and public services department, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-16 ADOPTED AUTHORIZING EXECUTION OF SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-16 RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Settlement and Release of Claims Agreement with Kyla Jacobsen be and is hereby approved and City Manager, Richard G. Kozal, be and is hereby authorized and directed to execute FEBRUARY 13, 2019 VOLUME LXXXIV 40 such Settlement and Release of Claims Agreement providing for payments in the total amount of $25,000, a copy of such agreement being attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-17 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-17 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Winfried Cordell Cooper Jr. and Rich Jacobs are hereby reappointed as members of the Human Relations Commission, for terms that will expire on May 1, 2021. BE IT FURTHER RESOLVED that Elisa Lara is hereby reappointed as a member of the Human Relations Commission, for a term that will expire on May 1, 2020. BE IT FURTHER RESOLVED, that Alan Thavisouk, Shelia Ortiz, and Demetrius Smith are hereby appointed as members of the Human Relations Commission, for terms that will expire on May 1, 2021. BE IT FURTHER RESOLVED that Laura Kenney is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2019. BE IT FURTHER RESOLVED that Eduardo Cuevas is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2020. VOLUME LXXXIV FEBRUARY 13, 2019 41 BE IT FURTHER RESOLVED that Jeff Biss is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2021. BE IT FURTHER RESOLVED that Tom Armstrong is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2021. BE IT FURTHER RESOLVED that Alexandra Lock is hereby appointed as a Student member of the Cultural Arts Commission, for a term that will expire on August 31, 2020. BE IT FURTHER RESOLVED that Abigail Estrada is hereby appointed as a Student member of the Human Relations Commission, for a term that will expire on August 31, 2020. BE IT FURTHER RESOLVED that Mary Ellen Kessuvan is hereby appointed as a Student member of the Sustainability Commission, for a term that will expire on August 31, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-18 ADOPTED RELEASING 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, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-18 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and FEBRUARY 13, 2019 VOLUME LXXXIV 42 WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection; and 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 July 2018, through December, 2018 are hereby approved as set forth in Exhibit A. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A THESE MINUTES NEED TO BE APPROVED AND DETERMINATION MADE WHETHER THEY CAN BE RELEASED • July 25, 2018 • August 22, 2018 • September 12, 2018 • September 26, 2018 VOLUME LXXXIV FEBRUARY 13, 2019 43 • October 10, 2018 • October 24, 2018 • November 7, 2018 • November 28, 2018 • December 19, 2018 EXHIBIT B CONFIDENTIAL TREATMENT STILL EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES • Portion of November 19, 2014 • Portion of December 6, 2017 • Portion of March 7, 2018 • Portion of September 26, 2018 • Portion of November 28, 2018 RESOLUTION 19-19 ADOPTED RATIFYING THE EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT AND DRAINAGE EASEMENT FOR BATH ROAD AND HOLMES ROAD PROPERTY Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-19 RESOLUTION RATIFYING THE EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT AND DRAINAGE EASEMENT FOR BATH ROAD AND HOLMES ROAD PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution and acceptance of a Plat of Easement Grant on behalf of the City of Elgin by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, with Scannell Properties #356 LLC for the purpose of stormwater management and drainage easement for Bath Road and Holmes Road property, prepared by Manhard Consulting Ltd. dated November 12, 2018, last revised January 22, 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 13, 2019 VOLUME LXXXIV 44 Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 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, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, December 10, 2018 Emergency Telephone System Board, December 20, 2018 Foreign Fire Insurance Tax Board, December 17, 2018 Board of Health, October 8, 2018 Liquor Control Commission, December 5, 2018 Planning and Zoning Commission, January 7, 2019 Committee of the Whole, January 9, 2019 City Council Minutes, January 9, 2019 Electricity Tax Revenue Hotel/Motel Tax Revenue Natural Gas Tax Revenue RECOGNIZE PERSONS PRESENT Tim O’Neil, Police Union Attorney, supports Officer Jensen’s right to due process. Bill Werst provided information regarding plans for the Larkin Home and invited the community to attend a meeting on Thursday, at 6:30 p.m. at United Methodist Church. Mike Curce expressed his support of Legit Dogs and Ice and the Elgin downtown area. Matt Habib thanked the community for the support shown for Legit Dogs and Ice, and believes that the business merges art, music, and food. VOLUME LXXXIV FEBRUARY 13, 2019 45 Demetrius Smith stated his concerns regarding the potential for Officer Jensen to return to work. Chris Goral expressed his support of the all-ages musical shows being held at Legit Dogs and Ice, and stated he would like to see the shows continue. He believes it's important to for young people to have a safe place to attend events like this. Jose Bosque stated his experiences and concerns with the Police Department. Aaron McDuffie, resident of Lockport, IL, expressed his support for Legit Dogs and Ice. Curt Harrison stated his support for Legit Dogs and Ice. Jennifer Jones, resident of Montgomery, IL, stated her support for Legit Dogs and Ice hosting of musical events. Ron Jones, resident of Montgomery, IL, stated his reasons for supporting the musical events at Legit Dogs and Ice. Stephanie Phillips stated her experiences with Officer Jensen and expressed her concerns over his returning to work. Jeremy Hansen expressed his support for Legit Dogs and Ice. Councilmember Powell provided clarification regarding her communications with Cities United and the NAACP, the organization’s non-profit status, and utilizing them as a resource. She stated her commitment to critical accountability and serving the community to the best of her ability by utilizing all of the resources available to her. Councilmember Dixon thanked the community for attending and expressing their opinions. He hopes that there will be more inclusive conversations in the future. He stated his continued commitment as a public servant. He believes that he was elected to serve the community to the best of his ability and believes in the City of Elgin. ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. FEBRUARY 13, 2019 VOLUME LXXXIV 46 ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Martinez, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) 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 9:45 p.m. s/ Jennifer Quinton February 27, 2019 Jennifer Quinton, Deputy City Clerk Date Approved 47 VOLUME LXXXIV FEBRUARY 27, 2019 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 February 27, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The Invocation was given by Reverend Janie McCutchen, Second Baptist and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE FEBRUARY 13, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Martinez made a motion, seconded by Councilmember Steffen, to approve the February 13, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Tommy Meehan Life Saving Proclamation Mayor Kaptain read the following proclamation: WHEREAS, On July 21, 2017, Elgin resident and Boy Scout of America Thomas Meehan demonstrated bravery and heroism when he took action in a life threatening situation; and WHEREAS, While attending the National Boy Scout of America Jamboree in West Virginia and as he was out walking in the early morning with this tent mate, Tommy stated he “had a bad feeling something was about to happen . . . I felt I was supposed to be there”; and WHEREAS, Tommy witnessed a fellow camper who was shoeless and in pajamas acting strangely on a bridge leading from the campsite who then hoisted himself over the railing looking down toward the water below; and FEBRUARY 27, 2019 VOLUME LXXXIV 48 WHEREAS, Tommy selflessly and without hesitation ran toward the young man and held on to him while his tent mate, Gabe, ran for help; and WHEREAS, Because of Tommy’s quick actions, he was able to calm and connect with the young man until help could arrive. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby express our sincere admiration as we honor and recognize Thomas Meehan for his heroism and extraordinary resourcefulness in his life saving actions. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of February, 2019. David J. Kaptain Mayor Ruben Xochihua Life Saving Proclamation Mayor Kaptain read the following proclamation: WHEREAS, On August 30, 2018, Elgin resident Ruben Xochihua demonstrated bravery and heroism when he took action in a life threatening situation; and WHEREAS, While on his delivery route around 3:30 a.m. at the intersection of Barrington and Golf Roads in Hoffman Estates, Mr. Xochihua’s came upon the squad car of Cook County Sheriff’s Deputy Margie Sullivan who had been in an auto accident while responding to a call; and WHEREAS, The impact of the crash caused the vehicle to burst into flames, trapping Officer Sullivan in her squad; and WHEREAS, Mr. Xochihua selflessly and without hesitation jumped out of his vehicle and pulled Officer Sullivan out of her squad just as flames began to enter the driver’s compartment; and WHEREAS, Because of Mr. Xochihua’s heroic actions, Officer Sullivan is alive today. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby express our sincere appreciation and admiration as we honor and recognize Ruben Xochihua for his life saving actions. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of February, 2019. David J. Kaptain Mayor VOLUME LXXXIV FEBRUARY 27, 2019 49 RECOGNIZE PERSONS PRESENT Robert Gatto asked for assistance with parking issues in his neighborhood. Staff was directed to assist Mr. Gatto. Bill Werst provided information on the recently held Octave candidate’s forum and stated video of the event was available. Mateo Calero voiced his opinions on gun control and the recent shooting in Aurora. BID 19-009 AWARDED TO ADVANCED WEIGHING SYSTEMS INC. FOR THE PURCHASE OF A PORTABLE TRUCK SCALES Councilmember Steffen made a motion, seconded by Councilmember Gavin, to authorize the purchase of portable truck scales from Advanced Weighing Systems Inc. in the amount of $36,700 in order to conduct proactive truck overweight enforcement, improving overall traffic safety and reducing damage to roadways and infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING CONTRACT AUTHORIZED WITH FIRE SERVICES, INC. FOR THE PURCHASE OF A WHEELED COACH FIRE AMBULANCE Councilmember Shaw made a motion, seconded by Councilmember Martinez, to authorize the purchase of a wheeled coach ambulance from Fire Services, Inc. in the amount of $248,050 including trade-in in order to provide reliable transportation for those citizens needing emergency medical care. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING COOPERATIVE CONTRACT AUTHORIZED WITH VARIOUS VENDORS FOR SEWER DIVISION VEHICLE PURCHASES Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve contracts with various vendors for the purchase of equipment and vehicles for the sewer division in the amount of $399,894.39 in order to replace vehicles and equipment to meet the maintenance needs of storm and wastewater infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2019 VOLUME LXXXIV 50 JOINT PURCHASING COOPERATIVE CONTRACT AUTHORIZED WITH REINDERS FOR THE PURCHASE OF A GROUNDSMASTER 4000-D LARGE AREA MOWER Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve contract with Reinders for the purchase of equipment for public services through the State of Illinois contract in the amount of $52,315 in order to replace aged and obsolete departmental equipment. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 22-18 APPROVED FOR 1212 LARKIN AVENUE TO REDEVELOP FORMER LARKIN CENTER BUILDING AND PROPERTY WITH 48 RESIDENTIAL DWELLING UNITS (11 UNITS WITHIN THE FORMER LARKIN CENTER BUILDING, 1 UNIT WITHIN THE FORMER HOSPITAL BUILDING, AND 36 UNITS WITHIN 12 NEW, TWO-STORY BUILDINGS) INCLUDING VARIOUS SOCIAL SERVICES AS RESIDENT AMENITIES Marc Mylott, Community Development Director, provided an overview of the project that would allow for redevelop of the former Larkin Center Building. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Residents that spoke in favor of the project included Lone Baker, Julie O’Neal, Pat Segel and Paul Bednar. There was discussion regarding the amount of parking, resident’s storage, and property maintenance. Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve Petition 22-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 51-18 APPROVED FOR 846-848 SUMMIT STREET TO CONSTRUCT A 3,250-SQUARE FOOT BUILDING FOR DUNKIN' AND WING STOP RESTAURANTS Marc Mylott, Community Development Director, provided an overview of the project that would allow for the construction of a building that would house Dunkin’ and Wing Stop Restaurants. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 51-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV FEBRUARY 27, 2019 51 PETITION 01-19 APPROVED FOR 51 SOUTH GROVE AVENUE TO AMEND EXISTING CONDITIONAL USE ORDINANCE TO ALLOW FOR MUSIC AND OTHER PERFORMANCES AT LEGIT DOGS & ICE RESTAURANT Marc Mylott, Community Development Director, provided an overview of the project that would amend a conditional use ordinance that would allow music and other performances at the location. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. There was discussion regarding the expectations for the business, timing of the events, noise levels, and the support for the project. Resident Curt Harrison spoke in favor of the amendment to the conditional use. Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve Petition 01-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. PETITION 02-19 APPROVED FOR 11-13 NORTH GROVE AVENUE & 15 NORTH GROVE AVENUE TO CONSTRUCT FIVE RESIDENTIAL DWELLING UNITS ON THE 2ND FLOORS OF THE TWO-STORY BUILDINGS Marc Mylott, Community Development Director, provided an overview of the project that would allow for residential dwellings at the location. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 02-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. REQUEST TO FILE AN APPLICATION APPROVED TO AMEND THE PRC PLANNED RESIDENCE CONSERVATION PLANNED DEVELOPMENT AT 111 N. CHANNING STREET, 468 DIVISION STREET, AND A PORTION OF 472 DIVISION STREET (FORMER CHANNING YMCA) TO ALLOW FOR COMMUNITY GARDENS There was discussion regarding the community garden project and why this site was selected. Councilmember Steffen made a motion, seconded by Councilmember Rauschenberger, to approve the request for filing an application to amend the zoning of site of the former Channing YMCA to allow for community gardens. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2019 VOLUME LXXXIV 52 RESOLUTION 19-27 ADOPTED APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Resolution No. 19-27 RESOLUTION APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS WHEREAS, the Cultural Arts Commission Grant Program has been established to provide financial assistance for arts programming; and WHEREAS, twelve grant applications were submitted for consideration in 2019 under the Cultural Arts Commission Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the Cultural Arts Commission Grant Program to the following ten organizations in the amount of $40,026: Organization Event Amount Ballet Folklorico Huehuecoyotl Cultural Performance $5,100 Children’s Theatre of Elgin "Godspell" the musical $6,193 Elgin Symphony Orchestra Association 2018-2019 Season Ainsworth Concerts for Youth $3,464 Elgin Youth Symphony Orchestra, Inc. Finale Concert "When Little Bells Turn to Tears" $6,132 Hamilton Wings SCORE! Making Connections $6,982 Schaumburg on Stage "Assassins" $5,525 Side Street Studio Arts NFP Diversity in Visual Art $6,630 TOTAL $40,026 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV FEBRUARY 27, 2019 53 Presented: February 27, 2019 Adopted: February 27, 2019 Vote: Yeas: 7 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-28 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HILLARD HEINTZE, LLC FOR AN INDEPENDENT PROFESSIONAL STANDARDS INVESTIGATION The council discussed the scope of the agreement and the review of policies and practices. Residents Carol Book, Demitrius Smith, Ben Haas, Alton Jones, Gena McNamara, and Earl Silbar stated their concern regarding Lieutenant Jensen and the selection of this firm to handle the independent professional standards investigation. Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dixon. Resolution No. 19-28 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HILLARD HEINTZE, LLC FOR AN INDEPENDENT PROFESSIONAL STANDARDS INVESTIGATION 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 Agreement on behalf of the City of Elgin with Hillard Heintze, LLC, for an independent professional standards investigation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 27, 2019 VOLUME LXXXIV 54 Presented: February 27, 2019 Adopted: February 27, 2019 Vote: Yeas: 7 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G8-19 PASSED AMENDING SECTION 14.04.380 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LEAD WATER SERVICE PIPE REPLACEMENT" There was discussion regarding the filters including how long they last and the responsibility for changing. Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G8-19 AN ORDINANCE AMENDING SECTION 14.04.380 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LEAD WATER SERVICE PIPE REPLACEMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending subsection B.2.c.i thereof to read as follows: "i. All occupants of the metered property, including without limitation all residents, tenants, guests, and invitees, shall be required to either consume bottled drinking water at the premises or to utilize a point of use (POU) water filter pitcher or faucet- mounted water filter for any water to be consumed from the premises for a period of not less than two (2) years following the replacement of the water main and the City portion of the water service pipe for the metered property. The City shall provide property owners electing not to replace their lead water service pipes with a POU filter pitcher or faucet-mounted water filter. The use of a POU faucet- mounted water filter shall be required rather than a POU water filter pitcher when a POU faucet-mounted water filter provided by the City is compatible with the existing kitchen faucet at a metered property. The City shall also provide all property owners eight (8) filter replacement cartridges per dwelling unit. It shall be the responsibility of the property owner and/or occupants to follow the POU VOLUME LXXXIV FEBRUARY 27, 2019 55 water filter pitcher or faucet-mounted water filter use instructions, including but not limited to the replacement of filter cartridges in accordance with the manufacturer’s recommendations. In addition, it shall be the responsibility of the property owner to ensure compliance with the provisions of this subsection. In circumstances where the property owner is not an occupant of one or more dwelling units at a metered property, it shall be the responsibility of the property owner to provide the occupants of each dwelling unit with the water filter pitcher or faucet-mounted water filter and all replacement cartridges provided by the City and, in addition, to provide the occupants of each dwelling unit with written notice of the requirements of this subsection 14.04.380.B.2.c.i." Section 2. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending subsection B.2.c.iii thereof to read as follows: "iii. In addition, at a metered property when the property owner has elected not to proceed with the replacement of their portion of a lead water service pipe, the City shall offer the property owner and the occupants of the metered property voluntary testing of the water at the metered property for the presence of lead for a period of two (2) years following the completion of the replacement of the City portion of the water service pipe. Such voluntary tests will be available to the property owner or occupants of the metered property within thirty (30) days following the completion of the replacement of the City portion of the water service pipe, with re-tests available after 6 months, 12 months, 18 months, and 24 months. The person requesting the voluntary tests of the water for the presence of lead, whether the property owner or the occupants of the subject property, shall be responsible for the costs of such tests which costs shall be paid to the City in advance of the City conducting such voluntary tests." Section 3. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending subsection B.2.d thereof to read as follows: "d. For owners of metered properties where the City has permitted the billing of a nonowner customer or customers for water utility charges, said property owners shall be billed directly and be solely responsible for any loan repayment amounts and/or any other charges under this section 14.04.380. Any loan repayment amounts or other charges under this section shall be considered a part of the property owner’s water service for all purposes under this chapter, including the penalties and/or remedies for nonpayment, which include but are not limited to the shutoff or disconnection of water service. The City expressly reserves the right to shutoff or disconnect water service, or to take any other actions as provided for under the Elgin Municipal Code or state law, if a property owner fails to repay the loan balance or other charges in accordance with the terms of this chapter or the loan agreement." FEBRUARY 27, 2019 VOLUME LXXXIV 56 Section 4. 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 5. 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: February 27, 2019 Passed: February 27, 2019 Vote: Yeas: 8 Nays: 0 Recorded: February 27, 2019 Published: February 28, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENTS Councilmember Shaw made a motion, seconded by Councilmember Gavin, to authorize payment to pay Midwest Salt to supplement the salt supply received from Morton Salt, which was previously approved on the May 23, 2018 agenda, as well as, paying SH& D General Trucking Company, Inc. to transport the salt from Morton Salt Company. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass Ordinance Nos. G5-19 through G7-19 and adopt Resolution Nos. 19-22 through 19-26 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV FEBRUARY 27, 2019 57 RESOLUTION 19-22 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT AND A SUPPLEMENTAL AGREEMENT TIERED APPROACH TO CORRECTION OBJECTIVES AGREEMENT WITH R & K PETROLEUM, INC. IN CONNECTION WITH THE ENVIRONMENTAL REMEDIATION OF THE R & K PETROLEUM, INC. PROPERTY LOCATED AT 1725 LARKIN AVENUE Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-22 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT AND A SUPPLEMENTAL AGREEMENT TIERED APPROACH TO CORRECTION OBJECTIVES AGREEMENT WITH R & K PETROLEUM, INC. IN CONNECTION WITH THE ENVIRONMENTAL REMEDIATION OF THE R & K PETROLEUM, INC. PROPERTY LOCATED AT 1725 LARKIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Highway Authority Agreement and a Supplemental Agreement Tiered Approach to Correction Objectives Agreement on behalf of the City of Elgin with R & K Petroleum, Inc., in connection with the environmental remediation of the R & K Petroleum, Inc. property located at 1725 Larkin Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2019 Adopted: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 27, 2019 VOLUME LXXXIV 58 RESOLUTION 19-23 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 STREET RESURFACING PROGRAM – SWAN Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-23 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 STREET RESURFACING PROGRAM – SWAN 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 Hampton, Lenzini and Renwick, Inc., for professional services in connection with the 2019 Street Resurfacing Program – SWAN, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2019 Adopted: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV FEBRUARY 27, 2019 59 RESOLUTION 19-24 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BENCHMARK SOLUTIONS, LLC FOR PURCHASE OF PERSONNEL DATABASE SOFTWARE Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-24 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BENCHMARK SOLUTIONS, LLC FOR PURCHASE OF PERSONNEL DATABASE SOFTWARE 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 a Purchase Agreement on behalf of the City of Elgin with Benchmark Solutions, LLC, for purchase of personnel database software, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2019 Adopted: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 27, 2019 VOLUME LXXXIV 60 RESOLUTION 19-25 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-25 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION 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 Dan Shomon, Inc., 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: February 27, 2019 Adopted: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-26 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV FEBRUARY 27, 2019 61 Resolution No. 19-26 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation cases of Robert O'Quinn, Case No. 15 WC 25931 and 15 WC 8517, in the total amount of $45,960.63 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2019 Adopted: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G5-19 PASSED AUTHORIZING PARTICIPATION IN THE SUBURBAN TREE CONSORTIUM Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G5-19 AN ORDINANCE AUTHORIZING PARTICIPATION IN THE SUBURBAN TREE CONSORTIUM WHEREAS, the City of Elgin has pursued a vigorous tree replacement program and program and promoted the forestation of vacant parkways, recognizing the aesthetic and environmental importance of trees in the community; and WHEREAS, Chapter 65 of ILCS 5/11-73.1-1 entitled "Municipal and Joint Municipal Tree Planting Programs", authorizes municipalities to jointly enter into long term contracts for the purchase and delivery of trees; and WHEREAS, the City of Elgin has a concern about the diminishing supply of adequate and varied tree stock available at reasonable prices in the Metropolitan Chicago area; and FEBRUARY 27, 2019 VOLUME LXXXIV 62 WHEREAS, the Suburban Tree Consortium Agreement and the Suburban Tree Consortium Act is a long term plan for the planting of trees on property located within the municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS AS FOLLOWS: Section 1. That the City Manager and City Clerk are hereby authorized to accept on behalf of the municipality the contracts and bylaws of the Suburban Tree Consortium. A copy of the bylaws as currently amended are appended to and made part of this Ordinance for Membership as Exhibit A. Section 2. The participation of this governmental entity, as a member of the agency, shall commence on the date membership of this community is accepted by the Board of Directors of the Suburban Tree Consortium. The City Manager shall appoint a City of Elgin representative to the STC Board. Section 3. This ordinance shall be in full force and effect from and after its passage and approval as by Statute in such case made and provided. This ordinance shall be published in pamphlet form as provided by law. Section 4. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. 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: February 27, 2019 Passed: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: February 27, 2019 Published: February 28, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV FEBRUARY 27, 2019 63 ORDINANCE G6-19 PASSED AMENDING CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G6-19 AN ORDINANCE AMENDING CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to provide for certain amendments to regulations relating to appointments, promotions and probationary periods for members of the city's police department; and WHEREAS, procedures relating to appointments, promotions and probationary periods for members of the city's police department pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, entitled "Duties; Appointments; Exceptions:" be and is hereby further amended by amending subparagraph I thereto to read as follows: “I. Except as hereinafter provided, no person shall be appointed to the police department if he or she does not possess a bachelor's degree from an accredited college or university. Applicants for a position in the police department who have successfully completed and obtained sixty (60) hours of college credit with an accredited college or university and who are: 1) persons who have engaged in the military service of the United States for a period of at least three (3) years of active duty; 2) persons who are currently employed as full time sworn officers of a regular police department in any municipal, county, university or state law enforcement agency with at least three (3) years of full time police experience; 3) persons who are currently employed full time with the City of Elgin with at least three (3) years' full time employment with the city; or 4) persons who have participated in the Elgin Police Department Explorer Program with at least four (4) years of participation in FEBRUARY 27, 2019 VOLUME LXXXIV 64 such program and with not less than four hundred (400) hours of volunteer time in such program, may be considered for appointment to active duty with the police department.” 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 upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2019 Passed: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: February 27, 2019 Published: February 28, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G7-19 PASSED GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE ORGANIZATION IN THE CC1 CENTER CITY DISTRICT (25 SOUTH GROVE AVENUE, SUITE 201) Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G7-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE ORGANIZATION IN THE CC1 CENTER CITY DISTRICT (25 South Grove Avenue, Suite 201) WHEREAS, written application has been made requesting conditional use approval to establish a social service organization at 25 South Grove Avenue, Suite 201; and VOLUME LXXXIV FEBRUARY 27, 2019 65 WHEREAS, the zoning lot with the building containing the premises at 25 South Grove Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a social service organization is 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 January 7, 2019, following due notice including 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. 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 January 7, 2019, 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 social service organization is hereby granted for the property commonly known as 25 South Grove Avenue, Suite 201, which is part of the property commonly identified by Kane County Property Index Numbers 06-14-434-012 and 06-14-434-020, and legally described as follows: Parcel 1 The Easterly 20.85 feet measured along the north line of that part of lots 6 and 7 in block 15 of the original town of Elgin on the East side of the Fox River, described as follows: Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly line of said lot 59.59 feet for a point beginning; thence northeasterly along a line forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast FEBRUARY 27, 2019 VOLUME LXXXIV 66 from the westerly line of said lot 6, a distance of 111 .58 to a line 35.15 feet west of and parallel with the east line of lot 7; thence north along said parallel line 33.34 feet to the north line of lot 7; thence west along the north line of lot 6 and 7 to the northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning in the city of Elgin, Kane County, Illinois; Parcel 2. That part of lots 6 and 7 in block 15 of the original town of Elgin, on the east side of the Fox River, described as follows: Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly of said lot 59.59 feet for a point of beginning; thence northeasterly along a line forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast from the westerly line of said lot 6, a distance of 111 .58 feet to a line 35.15 feet west of and parallel with the east line of lot 7; thence north along said parallel line 22.34 feet to the north line of lot 7; thence west along the north lines of lots 6 and 7 to the northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning (except the easterly 20.85 feet measured along the north line) in the city of Elgin, Kane County, Illinois; and Parcel 3. Parking easement created by agreement with the city of Elgin, document number 98K101679 and assigned by document number 98K101678, both recorded November 3, 1998, for the benefit of Parcels 1 and 2. (commonly known as 21-29 South Grove Avenue) 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 Braden Counseling Center, P.C. , as applicant, and Grove Burritt, LLC, as property owner, received December 18, 2018, and supporting documents including: a. Conditional Use Statement of Purpose & Conformance – Unit 201, prepared by Braden Counseling Center, dated December 17, 2018; b. BCC Use and Activities letter, prepared by Braden Counseling Center, dated December 17, 2018; c. Sign Plan-256 South Grove Avenue, Unit 201 letter, prepared by Braden Counseling Center, dated received December 18, 2018; and d. Second Floor Plan New Layout Sheet A2.1, prepared by DBH & Associates, Architects Inc., dated February 2, 2018, last revised December 18, 2018, received December 21, 2018. 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. VOLUME LXXXIV FEBRUARY 27, 2019 67 2. The individual and family social service shall be restricted to Suite 201 within the property at 25 South Grove Avenue in substantial compliance to the: a. Second Floor Plan New Layout Sheet A2.1, prepared by DBH & Associates, Architects Inc., dated February 2, 2018, last revised December 18, 2018, received December 21, 2018. 3. 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: February 27, 2019 Passed: February 27, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: February 27, 2019 Published: February 28, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Dixon, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. E-911 Board January 17, 2019 Heritage Commission – Design Review Subcommittee December 11, 2018 Liquor Control Commission, January 9, 2019 Retiree Health Insurance Trust Fund Board, November 5, 2018 Committee of the Whole Minutes for January 23, 2019 City Council Minutes for January 23, 2019 Sales Tax Electricity Tax Telecommunications Tax Alcoholic Liquor Tax Video Gaming Tax FEBRUARY 27, 2019 VOLUME LXXXIV 68 Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 9:45 p.m. s/ Kimberly Dewis March 20, 2019 Kimberly Dewis, City Clerk Date Approved 69 VOLUME LXXXIV MARCH 6, 2019 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 March 6, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Rabbi Jonathan Kohn and the Pledge of Allegiance was led by Councilmember Terry Gavin. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. COMMUNICATIONS Elgin Poet Laureate Chasity Gunn Proclamation Mayor Kaptain read the following proclamation: WHEREAS, The City of Elgin wishes to encourage celebration of the richness and diversity of the people, locations and traditions of the City and thus in 2018 established an honorary position of Poet Laureate; and WHEREAS, A Poet Laureate of the City of Elgin encourages the reading, writing, sharing and celebration of poetry as well as memorializes the rich history and culture of the community at large; and WHEREAS, Chasity Gunn was selected by the Elgin Poet Laureate Project due to her commitment to teaching freshman and adults how to write at Judson University and the Youth Empowerment Program as well as due to her accomplishments as a poet and the publication of her poem "Pasadena Summer" in Bitterzoet Magazine; and WHEREAS, Chasity is an Alabama native and a graduate of Belmont University's Honor Program with a journalism degree, she has earned a Master of Fine Arts in Create Writing and is currently studying counseling at Liberty University’s doctoral program; and WHEREAS, Chasity is passionate about inspiring the community of Elgin to engage in poetry and the cultural arts in Elgin and the region. MARCH 6, 2019 VOLUME LXXXIV 70 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby declare and honor Chasity Gunn as the honorary City of Elgin Poet Laureate. IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Larry and Lori Anderson presented their concerns regarding the conditional use permit application for Legit Dogs at 50 S. Grove Avenue. The main concern was crowd control after the events. Linsey Haines, Vice President of Full Circle, was present to answer any questions regarding their project. Joe Galli provided information regard the federal grant SAFER which provides funds for fire department staffing. Bill Werst provided information on where to find videos of the recent candidate’s forum. SOURCEWELL PURCHASING COOPERATIVE CONTRACT APPROVED WITH STEINER POWER SYSTEMS FOR THE PURCHASE OF A GENERATOR AT FIRE STATION 1 Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve a contract with Steiner Power Systems for the purchase of a new generator for Fire Station 1 in the amount of $51,843 to provide reliable generator power in the event of power outages. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SOURCEWELL PURCHASING COOPERATIVE CONTRACT APPROVED WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF A 2019 FORD TRANSIT CARGO VAN FOR THE PARKS & RECREATION DEPARTMENT Councilmember Shaw made a motion, seconded by Councilmember Dixon, to award a contract to National Auto Fleet Group for a 2019 Ford Transit Cargo Van in the amount of $32,110 to replace vehicle utilized for transporting cargo and pulling a trailer for City special events. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV MARCH 6, 2019 71 ORDINANCE G11-19 PASSED AMENDING ORDINANCE NO. G3-18 WHICH ESTABLISHED A COMMERCIAL FOOD HALL AND TAPROOM INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (51 SOUTH GROVE AVENUE) Councilmember Gavin made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. Ordinance No. G11-19 AN ORDINANCE AMENDING ORDINANCE NO. G3-18 WHICH ESTABLISHED A COMMERCIAL FOOD HALL AND TAPROOM INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (51 South Grove Avenue) WHEREAS, written application has been requesting an amendment to Ordinance No. G3- 18 which granted a conditional use to establish a commercial food hall and taproom involving various assemblies of people in the CC1 Center City District at 51 South Grove Avenue; and WHEREAS, the zoning lot with the building containing the premises at 51 South Grove Avenue is legally described in Section 2 of Ordinance No. G3-18 (the “Subject Property”); and WHEREAS, the application requesting an amendment to Ordinance G3-18, pertains to the basement level of the Subject Property and seeks authorization to conduct certain live performances or other like music or dance oriented events, as hereinafter described; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on February 4, 2019 following due notice including 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 MARCH 6, 2019 VOLUME LXXXIV 72 WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to Ordinance No. G3-18 which granted a conditional use to establish a commercial food hall and taproom involving various assemblies of people in the CC1 Center City 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 February 4, 2019, 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. condition number 2. of Ordinance No. G3-18 is hereby amended and replaced in its entirety to read as follows: 2. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners, Breakout Session, and/or Round-Table Discussions; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Celebrations, Soirees, and Private Parties conducted on the First Floor, the Mezzanine Level, and/or the Second Floor, such as Anniversaries, Birthdays, and/or Bar Mitzvahs and Bat Mitzvahs, provided: 1. Said event is not advertised, 2. Said event is by private invitation only, and 3. No gate charge, cover charge, or other entrance fee or donation is required or encouraged; f. Celebrations, Soirees, and Private Parties conducted in the Basement, such as Anniversaries, Birthdays, and/or Bar Mitzvahs and Bat Mitzvahs, subject to conditions 9 through 13 of Section 3 of this amendment to Ordinance No. G3-18; g. Conferences, Conventions, and/or Seminars; h. Colloquiums; i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; j. Cooking and Baking Classes; k. Cooking Competitions; l. Corporate and/or Non-profit Events; m. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes; n. Exhibitions, including but not limited to Art Shows; o. Expositions; p. Fairs and/or Festivals; q. Farm-to-table Meal Events; r. Food Market; s. Fundraisers; t. Galas; VOLUME LXXXIV MARCH 6, 2019 73 u. Gallery Displays, including but not limited to works of art, either temporary or permanent; v. Gamers’ Campaigns, Events, Meetings, and Tournaments; w. Live Performances conducted on the First Floor, the Mezzanine Level, and/or the Second Floor, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events; x. Live Performances conducted in the Basement, such as readings and/or plays, music concerts, karaoke, ballrooms, dance halls, discotheques, events hosted by bands or deejays, or other like music- or dance-oriented events, each without restrictions regarding advertising, invitations, or gate, cover, or entrance charges or fees, subject to conditions 9 through 13 of Section 3 of this amendment to Ordinance No. G3-18; y. Meetings, including but not limited to Board, Business, Club, Public and/or Shareholders Meetings; z. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; aa. Plenary or General Sessions; bb. Political Events; cc. Press Conferences; dd. Product Launch Events; ee. Receptions, provided no gate charge, cover charge, or other entrance fee or donation is required or encouraged; ff. Retreats and Team Buildings Events; gg. Symposiums; hh. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and ii. Wine and/or Food Tastings. Section 3. That Section 3 of Ordinance No. G3-18 is hereby amended by deleting condition number 6. in its entirety and the subsequent conditions shall be renumbered accordingly. Section 4. That with respect to the basement level of the Subject Property only, Section 3 of Ordinance No. G3-18 is hereby further amended to include the following additional conditions: 8. Substantial conformance to the Development Application submitted by Matthew Habib of Munchies Gourmet, doing business as Legit Dogs and Ice, received January 10, 2019, and supporting documents including: a. Statement of Purpose: Letter of Intent, prepared by Matthew Habib, dated January 10, 2019; b. Statement of Purpose: Description, prepared by Matthew Habib, dated January 10, 2019; MARCH 6, 2019 VOLUME LXXXIV 74 c. Statement of Purpose: Conditions Requested to Amend, prepared by Matthew Habib, dated January 10, 2019; d. Undated “Basement: Legit Dogs and Ice Tier 1 Regular Operations” floor plan, received January, 11, 2019, with such further revisions as required by the Community Development Director; e. Undated “Basement: Legit Dogs and Ice Tier 2” floor plan, received January, 11, 2019, with such further revisions as required by the Community Development Director; and f. Undated “Basement: Legit Dogs and Ice Tier 3” floor plan, received January, 11, 2019, with such further revisions as required by the Community Development Director. 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. 9. Tier 2 and Tier 3 events shall conclude by midnight, except for those Tier 3 events oriented around a specific holiday, such as New Year’s Eve. All general admission patrons shall have left the premises within 30 minutes of the conclusion of such events. 10. At the conclusion of any Tier 2 or Tier 3 event after 10 p.m. and where the attendance exceeded 200 persons, an employee who is easily identifiable shall be positioned at the exterior door to Grove Avenue, and that person shall take all reasonable measures to discourage patrons leaving said event from loitering outside and otherwise disturbing the peace and quiet enjoyment of adjacent property owners. 11. Exterior doors shall not be propped open during any Tier 2 or Tier 3 event when music is being played or when amplified sound of any kind is being produced. 12. After 10 p.m., no music or amplified sound of any kind emanating from the basement of 51 S. Grove shall be audible by a person standing on the sidewalk immediately in front of Fountain Square, 50 S. Grove. This measurement shall not be taken during intermittent times when the exterior doors to 51 S. Grove may be open. 13. There shall not be more than six (6) Tier 2 events per calendar month; there shall not be more than two (2) Tier 3 events per month. The applicant is allowed three (3) months in a calendar year in which he may have three (3) Tier 3 events. 14. Compliance with all applicable codes and ordinances. Section 5. That except as amended herein, the use and development of Subject Property shall be controlled pursuant to the provisions of Ordinance No. G3-18. In the event of any conflict between this ordinance, and Ordinance No. G3-18, this ordinance and associated documents shall control and prevail. VOLUME LXXXIV MARCH 6, 2019 75 Section 6. 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: March 6, 2019 Passed: March 6, 2019 Vote: Yeas: 7 Nays: 0 Abstain: 1 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G12-19 PASSED RECLASSIFYING TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTRICT (1212 LARKIN AVENUE) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G12-19 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTRICT (1212 Larkin Avenue) WHEREAS, written application has been made to reclassify certain property located at 1212 Larkin Avenue from CF Community Facility District to PRB Planned Residence Business District; and WHEREAS, the zoning lot with the buildings containing the premises at 1212 Larkin Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on February 4, 2019 following due notice including by publication; and MARCH 6, 2019 VOLUME LXXXIV 76 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 planned development as a map amendment from CF Community Facility District to PRB Planned Residence 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 February 4, 2019, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PRB Planned Residence Business District the following described property: LOTS 1 TO 22, BOTH INCLUSIVE IN BLOCK 10 OF THEO F. SWAN’S SUBDIVISION, IN SECTION 15, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 1212 Larkin Avenue) Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CF Community Facility District to PRB Planned Residence Business District at 1212 Larkin Avenue, which shall be designed, developed, and operated subject to the following provisions: VOLUME LXXXIV MARCH 6, 2019 77 A. Purpose and Intent. The purpose of the PRB Planned Residence Business District is to conserve the residential character of certain properties located within transportation corridors as designated by the official comprehensive plan by providing various use alternatives, but with site design regulations in keeping with a planned residential environment, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A PRB zoning district is most similar to, but departs from the standard requirements of the RB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PRB Planned Residence Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PRB Planned Residence Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended. E. Location and Size of District. PRB Planned Residence Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PRB Planned Residence Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PRB Planned Residence Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only permitted uses allowed within this PRB Planned Residence Business District: “Multiple-family dwellings” [SR] (UNCL). “Single-family detached dwellings” [SR] (UNCL). “Two-family dwellings” [SR] (UNCL). “Individual and family social services (832)”. No conditional or similar land uses shall be permitted in this PRB zoning district. G. Site Design. In this PRB Planned Residence Business 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 19.35.235 MARCH 6, 2019 VOLUME LXXXIV 78 “Site Design” for RB Residence Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 2. Substantial conformance to the Development Application submitted by Full Circle Communities, Inc. as applicant, and STCBT-Property, LLC, as property owner, received June 12, 2018, and supporting documents including: a. Undated Statement of Purpose and Conformance, received January 4, 2019; b. Undated 1212 Larkin Planned Development Application Exhibit G Development Descritipon-1212 Larkin, received November 19, 2018; c. Undated Full Circle Parking Utilization by Property, received January 4, 2019; d. ALTA /NSPS Land Title Survey, prepared by Manhard Consulting Ltd., dated January 30, 2018; e. Site Plan, prepared by Cordogan, Clark & Associates, Inc., dated November 8, 2018, with such further revisions as required by the Community Development Director; f. Four-page Floor Plans for Buildings 1-12, prepared by Cordogan, Clark & Associates, Inc., dated January 4, 2019, with such further revisions as required by the Community Development Director; g. Building 01-12 Elevations plans, prepared by Cordogan, Clark & Associates, Inc., dated January 4, 2019, with such further revisions as required by the Community Development Director; h. Building 01-12 Enlarged Elevations plans, prepared by Cordogan, Clark & Associates, Inc., dated January 4, 2019, with such further revisions as required by the Community Development Director; i. Lower Lever Floor Plan, Sheet A2.0, prepared by Cordogan, Clark & Associates, Inc., dated May 4, 2017, with such further revisions as required by the Community Development Director; j. First Floor Plan, Sheet A2.1, prepared by Cordogan, Clark & Associates, Inc., dated December 17, 2018, with such further revisions as required by the Community Development Director; k. Second Floor Plan, Sheet A2.2, prepared by Cordogan, Clark & Associates, Inc., dated September 10, 2018, with such further revisions as required by the Community Development Director; l. Third Floor Plan, Sheet A2.3, prepared by Cordogan, Clark & Associates, Inc., dated September 10, 2018, with such further revisions as required by the Community Development Director; m. 1212 Larkin North, South, East and West Elevations color plans, prepared by Cordogan, Clark & Associates, Inc., dated January 4, 2019, with such further revisions as required by the Community Development Director; n. Four-page Larkin Building Elevations plans, prepared by Cordogan, Clark & Associates, Inc., dated November 6, 2018, with such further revisions as required by the Community Development Director; o. Management Office Floor Plans, prepared by Cordogan, Clark & VOLUME LXXXIV MARCH 6, 2019 79 Associates, Inc., dated September 4, 2018, with such further revisions as required by the Community Development Director; p. Existing Hospital Building Elevations color plan, prepared by Cordogan, Clark & Associates, Inc., dated January 4, 2019, with such further revisions as required by the Community Development Director; q. Management Office Elevations, prepared by Cordogan, Clark & Associates, Inc., dated November 6, 2018, with such further revisions as required by the Community Development Director; r. Undated Five-page Photometric plans, prepared by Cordogan, Clark & Associates, Inc., received January 9, 2019, with such further revisions as required by the Community Development Director; s. Landscape Plans, Sheets L1-L4, prepared by Manhard Consulting Ltd., dated June 14, 2018, last revised January 3, 2019, with such further revisions as required by the Community Development Director; t. Plat of Easement Grant, prepared by Manhard Consulting Ltd., dated January 2, 2019, with such further revisions as required by the City Engineer; and u. Proposed Improvements for 1212 Larkin Avenue City of Elgin, Illinois engineering plans, prepared by Manhard Consulting Ltd., dated June 10, 2018, with such further revisions as required by the City Engineer. 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. 3. No tree, located within 300 feet of the Larkin Avenue lot line, shall be removed without the issuance of a tree removal permit as contemplated by Chapter 19.16 of the Elgin Municipal Code, 1976 as amended. The Development Administrator may allow the removal of a tree within this described area in so long as it will be replaced with a tree of similar Tree Type (e.g. canopy tree for a canopy tree, evergreen for an evergreen) from Species Group A, at replacement ratio as if the tree removed was of Species Group A (50 percent), and in all other ways in conformance with Chapter 19.16, “Tree Preservation”. Prior to the issuance of a permit, the Development Administrator may require the submittal of a landscape plan which shows where replacement tree(s) will be planted, the purpose of which is to ensure that the landscaping remains complementary to the historic Larkin Center and Hospital Building and does not otherwise interfere with important views of these structures. 4. Unless determined to be of historic significance, the foundation for the former monument sign along Larkin Avenue shall be removed within 6 months of the approval of this planned development. The foundation may be reused for a new sign, provided the design for said sign is granted a Certificate of Appropriateness and otherwise conforms to the provisions of Chapter 19.50 “Street Graphics” of the Elgin Municipal Code, 1976 as amended. MARCH 6, 2019 VOLUME LXXXIV 80 5. A departure is hereby granted to permit a total of 79 parking spaces on the property for the proposed multiple-family residential development. 6. A departure is hereby granted to allow a total of 14 principal buildings on the zoning lot, commonly known as 1212 Larkin Avenue. 7. A departure is hereby granted to reduce the minimum lot per dwelling unit on a multiple-family zoning lot to allow a total of 48 residential units on the subject property. 8. A departure is hereby granted to increase the maximum residential floor area for a multiple-family zoning lot to a total of 56,842 square feet. 9. A departure is hereby granted to reduce the minimum gross floor area of a dwelling unit to minimum 426 square feet for an efficiency unit, a minimum of 642 square feet for a 1-bedroom unit, and a minimum of 905 square feet for a 2-bedroom unit. 10. A departure is hereby granted to allow the minimum building street setback of 6 feet from Clifton Avenue on the west (measured at the front porches; the main façade of the buildings would be 11 feet back); 9 feet from Wolff Avenue on the north (measured at the front porches; the main façade of the buildings would be 14 feet back); and 3 feet from Melrose Avenue on the east (measured at the front porches; the main façade of the buildings would be 8 feet back). 11. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PRB Planned Residence Business District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended, with the following departure: 1. A departure is hereby granted to permit a total of 79 parking spaces on the property for the proposed multiple-family residential development. I. Off Street Loading. In this PRB Planned Residence Business District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. J. Signs. In this PRB Planned Residence Business District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended. K. Nonconforming Uses and Structures. In this PRB Planned Residence Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. VOLUME LXXXIV MARCH 6, 2019 81 L. Amendments. In this PRB Planned Residence Business District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended M. Planned Developments. In this PRB Planned Residence Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PRB zoning district. N. Variations. In this PRB Planned Residence Business District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PRB zoning district. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MARCH 6, 2019 VOLUME LXXXIV 82 ORDINANCE G13-19 PASSED AMENDING CHAPTER 2.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LAW DEPARTMENT" Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G13-19 AN ORDINANCE AMENDING CHAPTER 2.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LAW DEPARTMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.44.030 of the Elgin Municipal Code, 1976, as amended, entitled "Corporation Counsel; Duties:" be and is hereby further amended by amending subparagraph F thereof to read as follows: "F. The corporation counsel shall supervise the office of professional standards and the professional standards officer. The office of professional standards shall be the investigative authority and the professional standards officer shall have the authority to investigate, and to issue findings for, all internal investigations regarding city officers or employees and regarding the operations of city departments, programs, functions and those doing business with the city. All such investigations shall be conducted under the authority of the professional standards officer. The professional standards officer shall review all investigations. All city officers, employees and city contractors are required to cooperate in investigations with the professional standards officer or with individuals assigned by the professional standards officer to conduct such investigations. Other city officers or employees assigned to conduct internal investigations by the professional standards officer shall report on such investigations directly to the professional standards officer. The professional standards officer shall have the authority to prepare and issue rules and procedures with respect to investigations. The professional standards officer shall perform such other duties as directed by the city manager or by the corporation counsel or as otherwise provided in this code. Investigations regarding the mayor or a member of the city council, the city manager, the corporation counsel, the professional standards officer, the police chief, the fire chief or the chief financial officer/budget director shall be reported to the city council. Investigations may also be conducted by an outside person or entity retained by the city when the city council, city manager or corporation counsel determine that such an investigation by an outside person or entity is in the best interests of the city." Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. VOLUME LXXXIV MARCH 6, 2019 83 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: March 6, 2019 Passed: March 6, 2019 Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. G9-19, G10-19, and T1-19 through T13-19 and adopt Resolution Nos. 19-29 through 19-34 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-29 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TROTTER AND ASSOCIATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 COLLECTOR STREET RESURFACING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 6, 2019 VOLUME LXXXIV 84 Resolution No. 19-29 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TROTTER AND ASSOCIATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 COLLECTOR STREET RESURFACING PROGRAM 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 Trotter and Associates for professional services in connection with the 2019 Collector Street Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Adopted: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-30 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 RESURFACING CLIFFORD-WING PARK PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV MARCH 6, 2019 85 Resolution No. 19-30 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 RESURFACING CLIFFORD-WING PARK PROGRAM 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 WBK Engineering, LLC for professional services in connection with the 2019 Resurfacing Clifford-Wing Park Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Adopted: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-31 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER & WOODMAN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE SUMMIT STREET AND DUNDEE AVENUE INTERSECTION IMPROVEMENT PROJECT Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 6, 2019 VOLUME LXXXIV 86 Resolution No. 19-31 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER & WOODMAN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE SUMMIT STREET AND DUNDEE AVENUE INTERSECTION IMPROVEMENT PROJECT 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 Baxter & Woodman, Inc. for professional services in connection with the Summit Street and Dundee Avenue Intersection Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Adopted: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-32 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CARRIE BALDWIN FOR PERSONAL TRAINING, GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV MARCH 6, 2019 87 Resolution No. 19-32 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CARRIE BALDWIN FOR PERSONAL TRAINING, GROUP FITNESS INSTRUCTION AND CLASSES 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 a Service Agreement on behalf of the City of Elgin with Carrie Baldwin for personal training, group fitness instruction and classes at The Edward Schock Centre of Elgin from January 1, 2019 to December 31, 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Adopted: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-33 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH STERLING SYMMETRY UNLIMITED, INC. FOR PERSONAL TRAINING, GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 6, 2019 VOLUME LXXXIV 88 Resolution No. 19-33 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH STERLING SYMMETRY UNLIMITED, INC. FOR PERSONAL TRAINING, GROUP FITNESS INSTRUCTION AND CLASSES 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 a Service Agreement on behalf of the City of Elgin with Sterling Symmetry Unlimited, Inc. for personal training, group fitness instruction and classes at The Edward Schock Centre of Elgin from January 1, 2019 to December 31, 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Adopted: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-34 ADOPTED AUTHORIZING EXECUTION OF A SALES AGREEMENT WITH CHRISTOPHER JONES FOR TRANSFER OF A RETIRED POLICE CANINE Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV MARCH 6, 2019 89 Resolution No. 19-34 RESOLUTION AUTHORIZING EXECUTION OF A SALES AGREEMENT WITH CHRISTOPHER JONES FOR TRANSFER OF A RETIRED POLICE CANINE 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 a Sales Agreement on behalf of the City of Elgin with Christopher Jones, for transfer of a retired police canine, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G9-19 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (846-848 SUMMIT STREET) Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 6, 2019 VOLUME LXXXIV 90 Ordinance No. G9-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (846-848 Summit Street) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct a new commercial building for two restaurants with accessory parking at 846-848 Summit Street; and WHEREAS, the zoning lot containing the premises at 846-848 Summit Street 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 WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on February 4, 2019, following due notice including 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 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 February 4, 2019, 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 LXXXIV MARCH 6, 2019 91 Section 2. That a conditional use for a planned development is hereby granted for the property commonly known as 846-848 Summit Street, and commonly identified by Cook County Property Index Number 06-07-302-054-0000, and legally described as follows: The southerly 220.0 feet (as measured along the East and West line thereof) of that part of the South Half of the Southwest Quarter of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the Northeast Corner of Lords Park, being the Northwest corner of the East Half of the Northwest Quarter of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian; thence North 2 degrees00 minutes East on the line between the Lands of Starrett and Walbaum 1322.00 feet to a point 25 feet South of the North line of the South Half of the Southwest Quarter of Section 7; thence South 88 degrees 00 minutes West parallel with and 25.0 feet South of said North line of the South Half of said Southwest Quarter and at right angles with the division line between the Lands of Walb3aum and Starrett 522.32 feet to a place of beginning; thence South 2 degrees and 00 minutes West 644.0 feet to the Northerly right of way line of the Evanston Highway (State Route 580); thence South 89 degrees 39 minutes East along said right of way line 134.9 feet; thence North 2 degrees and 00 minutes East 649.5 feet to a point 25 feet South of the North line of the South Half of the Southwest Quarter of said Section 7; thence South 88 degrees 00 minutes West parallel with 25.0 feet south of said North line of the South Half of the Southwest Quarter of the said Section, 135.0 feet to the place of beginning, all in Cook County Illinois. (commonly known as 846-848 Summit Street). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 12. Substantial conformance to the Development Application submitted by Shree Kaira LLC, as applicant, and Ravi Pandya, as property owner, received November 19, 2018, and supporting documents including: a. A statement of purpose and conformance for a planned development letter “Re: 846-848 Summit Street Elgin, IL 60120”, dated December 19, 2018, dated received January 9, 2019, dated received January 9, 2019; b. A statement of purpose and conformance for a conditional use letter “Re: 846-848 Summit Street Elgin, IL 60120”, dated December 19, 2018; c. Memorandum regarding the subject: “Shared Parking Study Proposed Dunkin’ Donuts & Wing Stop Restaurants 846-848 Summit Street-Elgin, Illinois, prepared by Gewalt Hamilton Associates, Inc., dated January 7, 2019; d. “Gleon Galleon LED 1-10 Light Squares Solid State LED” parking lot light fixture specification, from McGraw-Edison, received January 8, 2019, with such further revisions as required by the Community Development Director; e. ALTA/NSPS Land Title Survey, prepared by Alan J. Coulson, P.C., dated July 20, 2018; f. Site Plan Sheet T-1, prepared by Vari Architects Ltd, dated November 14, 2018, last revised January 7, 2019, dated received January 23, 2019, with such further revisions as may be required by the Community Development Director including MARCH 6, 2019 VOLUME LXXXIV 92 but not limited to additional pavement striping and/or signage in/around that area on the subject property where the two south-bound drive-through lanes turn east; g. Landscape Plan Sheet L-1, prepared by Vari Architects Ltd, dated November 14, 2018, last revised January 7, 2019, dated received January 23, 2019, with such further revisions as required by the Community Development Director; h. Floor Plan Sheet A1, prepared by Vari Architects Ltd, dated November 14, 2018, last revised January 7, 2019, dated received January 23, 2019, with such further revisions as required by the Community Development Director; i. Exterior Elevations Sheet A-2.0, prepared by Vari Architects Ltd, dated November 14, 2018, dated received January 23, 2019, with such further revisions as required by the Community Development Director; j. Exterior Elevations Sheet A-2, prepared by Vari Architects Ltd, dated November 14, 2018, dated received January 23, 2019, with such further revisions as required by the Community Development Director; k. Signage Plan Sheet S-1, prepared by Vari Architects Ltd, dated November 14, 2018, last revised January 7, 2019, dated received January 23, 2019, with such further revisions as required by the Community Development Director; l. Photometric plan titled “Dunkin Donuts – Summit Street – Elgin, IL, prepared by Villa Lighting, dated December 20, 2018, received January 8, 2019, with such further revisions as required by the Community Development Director; and m. Preliminary Engineering Plans for Proposed Outlot Development 846-848 Summit Street, Elgin, IL., prepared by Vari Architects Ltd, dated November 14, 2018, dated received January 23, 2019, with such further revisions as required by the City Engineer. 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. 13. A departure is hereby granted to permit a total of 18 parking spaces on the property for the proposed development. 14. Box-type wall graphics are not permitted. Any wall graphics to be installed must be a channel-letters street graphic. 15. 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 VOLUME LXXXIV MARCH 6, 2019 93 Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G10-19 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT (11-13 AND 15 N. GROVE AVENUE) Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G10-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT (11-13 and 15 N. Grove Avenue) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct five residential upper floor apartment dwelling units with gross floor areas less than the minimum required at 11-13 and 15 N. Grove Avenue; and WHEREAS, the zoning lot containing the premises at 11-13 and 15 N. Grove Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on February 4, 2019, following due notice including 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 MARCH 6, 2019 VOLUME LXXXIV 94 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. 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 February 4, 2019, 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 planned development authorizing the construction of five (5) residential upper floor apartment dwelling units with gross floor areas less than minimum required is hereby granted for the properties commonly known as 11-13 and 15 N. Grove Avenue, and commonly identified by Kane County Property Index Numbers 06-14-283-006-0000, 06-14-283-007-0000, and 06-14-283-008-000, and legally described as follows: PARCEL 1: THAT PART OF LOTS 2 AND 3 IN BLOCK 19 OF THE ORIGINAL TOWN ON THE EAST SIDE OF THE FOX RIVER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3 AFORESAID; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF RIVER STREET 22 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES 54.83 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE EASTERLY LINE OF RIVER STREET AFORESAID 22 FEET; THENCE SOUTHWESTERLY 54.83 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, SAID PREMISES BEGIN ALSO KNOWN AS “LOT O” OF ASSESSOR’S SUBDIVISION OF SAID BLOCK 19. PARCEL 2: THAT PART OF LOTS 2 AND 3 IN BLOCK 19 OF THE ORIGINAL TOWN OF ELGIN, AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF RIVER STREET 22 FEET FOR A POINT OF BEGINNING; THENCE NORTHEASTERLY AT RIGHT ANGLES 54.83 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE EASTERLY LINE OF RIVER STREET 11 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6.50 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID VOLUME LXXXIV MARCH 6, 2019 95 LOT 10.10 FEET TO A LINE DRAWN PARALLEL TO AND 22 FEET SOUTHERLY FROM THE NORTHERLY LINE OF THIS TRACT; THENCE SOUTHWESTERLY ALONG SAID LINE TO THE EASTERLY LINE OF RIVER STREET; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID STREET 22 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, SAID PREMISES BEING ALSO KNOWN AS LOT “P” OF THE ASSESSOR’S SUBDIVISION OF SAID BLOCK 19. PARCEL 3: THAT PART OF LOT 2 IN BLOCK 19 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY AT RIGHT ANGLES TO THE EASTERLY LINE OF RIVER STREET 66 FEET; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF RIVER STREET 22 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EASTERLY LINE OF RIVER STREET 66 FEET TO THE EASTERLY LINE OF SAID RIVER STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE 22 FEET TO THE POINT OF BEGINNING IN THE CITY OF ELGIN, KANE COUNTRY, ILLINOIS. (commonly known as 11-13 and 15 N. Grove Avenue). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 16. Substantial conformance to the Development Application submitted by Patrick O’Neil Property Group, LLC-Grove, as applicant and property owner, received January 11, 2019, and supporting documents including: a. Letter “RE: Conditional Use Statement of Purpose and Conformance Application”, prepared by Pat Sakolari, dated January 11, 2019, with three pages of attachment containing Statement of Purpose and Conformance for Conditional Use and Statement of Purpose and Conformance for Planned Development; b. Undated “11-13 N. Grove Ave Units 1, 2, 3” floor plan, received February 15, 2019, with such further revisions as required by the Community Development Director; c. Undated “15 N. Grove Ave Unit 4, 5” floor plan, received February 15, 2019, with such further revisions as required by the Community Development Director; and d. Undated proposed building restoration rendering photo, received January 14, 2019. 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. 17. Compliance with all applicable codes and ordinances. MARCH 6, 2019 VOLUME LXXXIV 96 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: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T1-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2008A Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T1-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2008A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S4-08, an Ordinance Providing for the Issuance of $14,825,000 General Obligation Corporate Purpose Bonds, Series 2008A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $499,200 for the year 2018 as provided and levied in the ordinance VOLUME LXXXIV MARCH 6, 2019 97 providing for the issuance of $14,825,000 General Obligation Corporate Purpose Bonds, Series 2008A, passed April 23, 2008, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T2-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2010A Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T2-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2010A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-10, an Ordinance Providing for the Issuance of $7,105,000 General Obligation Corporate Purpose Bonds, Series 2010A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. MARCH 6, 2019 VOLUME LXXXIV 98 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $95,165 for the year 2018 as provided and levied in the ordinance providing for the issuance of $7,105,000 General Obligation Corporate Purpose Bonds, Series 2010A, passed April 14, 2010, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T3-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010C Ordinance No. T3-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010C WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S5-10, an Ordinance Providing for the Issuance of $6,610,000 General Obligation Refunding Bonds, Series 2010C, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and VOLUME LXXXIV MARCH 6, 2019 99 WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $399,600 for the year 2018 as provided and levied in the ordinance providing for the issuance of $6,610,000 General Obligation Refunding Bonds, Series 2010C, passed October 13, 2010, a copy of which was filed with each of said county clerk. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T4-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2011 Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 6, 2019 VOLUME LXXXIV 100 Ordinance No. T4-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2011 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S7-11, an Ordinance Providing for the Issuance of $9,695,000 General Obligation Corporate Purpose Bonds, Series 2011, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $684,075 for the year 2018 as provided and levied in the ordinance providing for the issuance of $9,695,000 General Obligation Corporate Purpose Bonds, Series 2011, passed May 25, 2011, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV MARCH 6, 2019 101 ORDINANCE T5-19 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T5-19 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S1-12, an Ordinance providing for the issuance of $15,215,000 General Obligation Refunding Bonds, Series 2012, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $2,108,400 for the year 2018 as provided and levied in the ordinance providing for the issuance of $15,215,000 General Obligation Refunding Bonds, Series 2012, passed February 22, 2012, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $1,583,400 and extending a tax for the year 2018 in the amount of $525,000 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 6, 2019 VOLUME LXXXIV 102 Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T6-19 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012A Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T6-19 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012A WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S3-12, an Ordinance providing for the issuance of $8,600,000 General Obligation Refunding Bonds, Series 2012A, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $837,038 for the year 2018 as provided and levied in the ordinance providing for the issuance of $8,600,000 General Obligation Refunding Bonds, Series 2012A, passed June 13, 2012, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $381,338 and extending a tax for the year 2018 in the amount of $455,700 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. VOLUME LXXXIV MARCH 6, 2019 103 Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T7-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012B Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T7-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S4-12, an Ordinance Providing for the Issuance of $4,785,000 General Obligation Refunding Bonds, Series 2012B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. MARCH 6, 2019 VOLUME LXXXIV 104 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $726,200 for the year 2018 as provided and levied in the ordinance providing for the issuance of $4,785,000 General Obligation Refunding Bonds, Series 2012B, passed June 13, 2012, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T8-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T8-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-13, an Ordinance Providing for the Issuance of $13,190,000 General Obligation VOLUME LXXXIV MARCH 6, 2019 105 Refunding Bonds, Series 2013A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $1,075,700 for the year 2018 as provided and levied in the ordinance providing for the issuance of $13,190,000 General Obligation Refunding Bonds, Series 2013A, passed March 20, 2013, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T9-19 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013B Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 6, 2019 VOLUME LXXXIV 106 Ordinance No. T9-19 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013B WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S3-13, an Ordinance Providing for the Issuance of $12,450,000 General Obligation Corporate Purpose Bonds, Series 2013B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,730,800 for the year 2018 as provided and levied in the ordinance providing for the issuance of $12,450,000 General Obligation Corporate Purpose Bonds, Series 2013B, passed March 20, 2013, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $416,600 and extending a tax for the year 2018 in the amount of $1,314,200 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV MARCH 6, 2019 107 ORDINANCE T10-19 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013C Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T10-19 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013C WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4-13, an Ordinance Providing for the Issuance of $5,025,000 General Obligation Corporate Purpose Bonds, Series 2013C, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $131,810 for the year 2018 as provided and levied in the ordinance providing for the issuance of $5,025,000 General Obligation Corporate Purpose Bonds, Series 2013C, passed March 20, 2013, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $98,270 and extending a tax for the year 2018 in the amount of $33,540 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 6, 2019 VOLUME LXXXIV 108 Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T11-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015A Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T11-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-15, an Ordinance Providing for the Issuance of $8,855,000 General Obligation Refunding Bonds, Series 2015A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $596,950 for the year 2018 as provided and levied in the ordinance providing for the issuance of $8,855,000 General Obligation Refunding Bonds, Series 2015A, passed March 18, 2015, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. VOLUME LXXXIV MARCH 6, 2019 109 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T12-19 PASSED ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T12-19 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-15, an Ordinance Providing for the Issuance of $2,090,000 General Obligation Refunding Bonds, Series 2015B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $453,010 for the year 2018 as provided and levied in the ordinance MARCH 6, 2019 VOLUME LXXXIV 110 providing for the issuance of $2,090,000 General Obligation Refunding Bonds, Series 2015B, passed March 18, 2015, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T13-19 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2016 Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T13-19 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2018 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2016 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S1-16, an Ordinance Providing for the Issuance of $24,995,000 General Obligation Corporate Purpose Bonds, Series 2016, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2018 provided in the ordinance is unnecessary. VOLUME LXXXIV MARCH 6, 2019 111 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $2,130,300 for the year 2018 as provided and levied in the ordinance providing for the issuance of $24,995,000 General Obligation Corporate Purpose Bonds, Series 2016, passed February 10, 2016, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $841,600 and extending a tax for the year 2018 in the amount of $1,288,700 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 15, 2019. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2019 Passed: March 6, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 6, 2019 Published: March 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. MARCH 6, 2019 VOLUME LXXXIV 112 ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) 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 7:20 p.m. s/ Kimberly Dewis March 20, 2019 Kimberly Dewis, City Clerk Date Approved VOLUME LXXXIV MARCH 20, 2019 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 March 20, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Marion Phipps, St. Hugh Episcopal and the Pledge of Allegiance was led by City Clerk Kimberly Dewis. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE FEBRUARY 27, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the February 27, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MINUTES OF THE MARCH 6, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Martinez made a motion, seconded by Councilmember Steffen, to approve the March 6, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Boards and Commissions Member Recognition Mayor Kaptain recognized members from various city boards and commissions including: Bicycle and Pedestrian Advisory Committee, Cultural Arts Commission, Heritage Commission – Design Review Subcommittee, Human Relations Commission, Image Advisory Commission, and Parks and Recreation Advisory Board. The Mayor and City Council thanked the volunteers for their years of service and dedication to the city. MARCH 20, 2019 VOLUME LXXXIV 114 RECOGNIZE PERSONS PRESENT Kenneth and Susan Hansen thanked Councilmember Martinez for her assistance with a zoning matter. BID 19-011 AWARDED TO VARIOUS VENDORS FOR GOLF COURSE CHEMICAL SUPPLIES Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award agolf course chemical supply bid to the lowest responsive bidders in the total amount of $146,202 to purchase supplies needed to maintain the turf grass at City-owned golf courses, athletic fields and parkways. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-014 AWARDED TO ERA VALDIVIA CONTRACTORS, INC. FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT TRAIN REHABILITATION PROJECT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a contract to Era Valdivia Contractors, Inc. for the Treatment Train Rehabilitation Project in the amount of $355,650 in order to rehabilitate equipment to allow for continued water treatment at a level of quality and capacity to which the City of Elgin’s customers are accustomed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-48 ADOPTED ADOPTING A DISCLOSURE COMPLIANCE POLICY OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS There was discussion regarding the bond sale, the city’s bond rating, and the interest rate. Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-48 IS ON FILE IN THE CITY CLERK’S OFFICE ORDINANCE S2-19 PASSED PROVIDING FOR THE ISSUANCE OF $9,310,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF VOLUME LXXXIV MARCH 20, 2019 115 FINANCING CERTAIN CAPITAL IMPROVEMENTS WITHIN SAID CITY AND PAYING THE EXPENSES INCIDENT THERETO, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S2-19 IS ON FILE IN THE CITY CLERK’S OFFICE PETITIONS 45-18 AND 46-18 – FINAL PLAT OF SUBDIVISION FOR PHASE 2 AND PHASE 2A OF WEST POINT GARDENS SOUTH SUBDIVISION Marc Mylott, Community Development Director, provided an overview of the final plat of subdivision for Phase 2 and 2A of West Point Gardens South Subdivision. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Councilmember Gavin made a motion, seconded by Councilmember Powell, to approve Petitions 45-18 and 46-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-49 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MCSCOT GOLF, INC. FOR THE HIGHLANDS GOLF COURSE DRIVING RANGE NETTING REPAIR Councilmember Dixon 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. Resolution No. 19-49 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MCSCOT GOLF, INC. FOR THE HIGHLANDS GOLF COURSE DRIVING RANGE NETTING REPAIR 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 MARCH 20, 2019 VOLUME LXXXIV 116 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 Purchase Agreement on behalf of the City of Elgin with McScot Golf, Inc. for the Highlands Golf Course driving range netting repair, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-50 ADOPTED AUTHORIZING EXECUTION OF AN EQUIPMENT RENTAL AGREEMENT WITH GPSI LEASING II-ACCORD, LLC FOR VISAGE DISPLAY SYSTEM SERVICE AT BOWES CREEK COUNTRY CLUB 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. Resolution No. 19-50 RESOLUTION AUTHORIZING EXECUTION OF AN EQUIPMENT RENTAL AGREEMENT WITH GPSI LEASING II – ACCORD, LLC FOR VISAGE DISPLAY SYSTEM SERVICE AT BOWES CREEK COUNTRY CLUB 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 Equipment Rental Agreement on behalf of the City of Elgin with GPSi Leasing II - Accord, LLC for Visage display system service at Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference. VOLUME LXXXIV MARCH 20, 2019 117 s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass Ordinance No. S2-19 and adopt Resolution Nos. 19-35 through 19-47 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-35 ADOPTED APPROVING ATHLETIC FACILITY IMPROVEMENT GRANT RECIPIENTS Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-35 RESOLUTION APPROVING ATHLETIC FACILITY IMPROVEMENT GRANT RECIPIENTS WHEREAS, the City's Athletic Facility Improvement Funding Program has been established to provide financial assistance to Elgin-based sports organizations; and WHEREAS, five grant applications were submitted for consideration in 2019 under the City's Athletic Facility Improvement Funding Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. MARCH 20, 2019 VOLUME LXXXIV 118 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the City's Athletic Facility Improvement Funding Program to the following five organizations in the amount of $50,000: ORGANIZATION AMOUNT Elgin National Little League • Portable Toilet Enclosure • Replace Fence Field 7 • Improve Drainage Field 7 Total $3,500 $2,000 $3,000 $8,500 Trout Park Baseball • Storage Shed Total $7,400 $7,400 Elgin Your Football • Hand Blower • Replacement Gutters • Regrade Entrance Area Total $1,800 $1,600 $2,850 $6,250 Elgin Men's Baseball • Warning Track Field 1 Sidelines/Outfield • League Sign • AED Total $7,000 $ 350 $1,650 $9,000 The Hill BMX • Asphalt Resurfacing on Track Turns Total $18,850 $18,850 Total Grant Allocation: $50,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. VOLUME LXXXIV MARCH 20, 2019 119 s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-36 ADOPTED AUTHORIZING ACCEPTANCE OF METROPOLITAN MAYORS CAUCUS POWERING SAFE COMMUNITIES GRANT AND AUTHORIZING THE EXECUTION OF A GRANT ACCEPTANCE FORM Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-36 RESOLUTION AUTHORIZING ACCEPTANCE OF METROPOLITAN MAYORS CAUCUS POWERING SAFE COMMUNITIES GRANT AND AUTHORIZING THE EXECUTION OF A GRANT ACCEPTANCE FORM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Metropolitan Mayors Caucus Powering Safe Communities grant in the amount of $9,362 for installation of cameras in city parks. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a grant acceptance form with the Metropolitan Mayors Caucus regarding the installation of cameras in city parks, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: MARCH 20, 2019 VOLUME LXXXIV 120 s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-37 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 BRIDGE REHABILITATION PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-37 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 BRIDGE REHABILITATION PROGRAM 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 HR Green, Inc. for professional services in connection with the 2019 Bridge Rehabilitation Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: VOLUME LXXXIV MARCH 20, 2019 121 s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-38 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH DAHME MECHANICAL INDUSTRIES, INC. FOR PURCHASE OF VALVE REPLACEMENTS Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-38 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH DAHME MECHANICAL INDUSTRIES, INC. FOR PURCHASE OF VALVE REPLACEMENTS 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 a Purchase Agreement on behalf of the City of Elgin with Dahme Mechanical Industries, Inc., for purchase of valve replacements, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-39 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SLY INCORPORATED FOR PURCHASE OF BIN VENT DUST COLLECTORS MARCH 20, 2019 VOLUME LXXXIV 122 Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-39 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SLY INCORPORATED FOR PURCHASE OF BIN VENT DUST COLLECTORS 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 a Purchase Agreement on behalf of the City of Elgin with Sly Incorporated, for purchase of bin vent dust collectors, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-40 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SPX FLOW US, LLC FOR PURCHASE OF A MIXER AND MIXER GEARBOXES VOLUME LXXXIV MARCH 20, 2019 123 Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-40 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SPX FLOW US, LLC FOR PURCHASE OF A MIXER AND MIXER GEARBOXES 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 a Purchase Agreement on behalf of the City of Elgin with SPX Flow US, LLC, for purchase of a mixer and mixer gearboxes, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-41 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH BENEFICIAL REUSE MANAGEMENT, LLC FOR WATER TREATMENT LIME RESIDUE REMOVAL AND DISPOSAL MARCH 20, 2019 VOLUME LXXXIV 124 Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-41 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH BENEFICIAL REUSE MANAGEMENT, LLC FOR WATER TREATMENT LIME RESIDUE REMOVAL AND DISPOSAL 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 Amendment Agreement No. 3 on behalf of the City of Elgin with Beneficial Reuse Management, LLC for water treatment lime residue removal and disposal, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-42 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 ROAD MAINTENANCE PROGRAM MANAGEMENT VOLUME LXXXIV MARCH 20, 2019 125 Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-42 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 ROAD MAINTENANCE PROGRAM MANAGEMENT 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 WBK Engineering, LLC, for professional services in connection with the 2019 Road Maintenance Program Management, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-43 ADOPTED AUTHORIZING EXECUTION OF THE CHICAGO METROPOLITAN AGENCY FOR PLANNING GRANT APPLICATION AND COMMITMENT TO PROVIDE LOCAL MATCH FOR THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION IMPROVEMENT PROJECT MARCH 20, 2019 VOLUME LXXXIV 126 Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-43 RESOLUTION AUTHORIZING EXECUTION OF THE CHICAGO METROPOLITAN AGENCY FOR PLANNING GRANT APPLICATION AND COMMITMENT TO PROVIDE LOCAL MATCH FOR THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City Manager Richard G. Kozal is authorized to execute a grant application and all related documents for the Chicago Metropolitan Agency for Planning (CMAP) Application for Federal Highway Administration Funds for U.S. Route 20 and Reinking Road Intersection Improvement Project, and that the city manager’s execution of a March 7, 2019 letter to the Chicago Metropolitan Agency for Planning be and is hereby ratified and approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby commits to the 20 percent local match of the estimated construction and Phase II and Phase III engineering costs for the project, said 20 percent local match being the estimated amount of $696,200 and the estimated construction and Phase II and Phase III engineering costs for the project being in the estimated amount of $3,481.000. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-44 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 1465 ROYAL BOULEVARD Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV MARCH 20, 2019 127 Resolution No. 19-44 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 1465 ROYAL BOULEVARD 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 real estate contract on behalf of the City of Elgin with Matthew A. Kobal and Jeremy A. Kobal for the purchase of the property commonly known as 1465 Royal Boulevard for $250,000.00, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-45 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-45 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS MARCH 20, 2019 VOLUME LXXXIV 128 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jane Erlandson and Madeline Richmond are hereby reappointed as members of the Cultural Arts Commission, for terms that will expire on November 1, 2021. BE IT FURTHER RESOLVED that Katrina Syrris is hereby appointed as a member of the Cultural Arts Commission, for a term that will expire on November 1, 2021. BE IT FURTHER RESOLVED, that Andrew Dogan and K. Eric Larson are hereby reappointed as members of the Parks and Recreation Advisory Board for terms that will expire on May 1, 2021. BE IT FURTHER RESOLVED, that Jim Reuter and Matthew Downing are hereby appointed as members of the Parks and Recreation Advisory Board for terms that will expire on May 1, 2021. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-46 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR WATERMAIN PURPOSES FOR TALL OAKS UNIT 5 (EAST OF PROPOSED TALL OAKS UNIT 5, ELGIN, ILLINOIS) Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-46 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR WATERMAIN PURPOSES FOR TALL OAKS UNIT 5 VOLUME LXXXIV MARCH 20, 2019 129 (East of Proposed Tall Oaks Unit 5, Elgin, Illinois) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement for watermain purposes for Tall Oaks Unit 5 regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement east of proposed Tall Oaks Unit 5, Elgin, Illinois to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-47 ADOPTED AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY (NIU) FOR NIUNET INTERNET SERVICE Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-47 RESOLUTION AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY MARCH 20, 2019 VOLUME LXXXIV 130 (NIU) FOR NIUNET INTERNET SERVICE 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 a Services Agreement on behalf of the City of Elgin with the Board of Trustees of Northern Illinois University (NIU) for NIUNet Internet Service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S1-19 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S1-19 AN ORDINANCE ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP VOLUME LXXXIV MARCH 20, 2019 131 WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2019 Official Zoning Map" dated March 20, 2019 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois. Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map. Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00 and each quadrant map - $25.00. Section 4. 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 5. 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: March 20, 2019 Passed: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: March 20, 2019 Published: March 22, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 20, 2019 VOLUME LXXXIV 132 Cultural Arts Commission, January 14, 2019 E-911 Board January 17, 2019 Human Relations Commission January 3, 2019 Liquor Control Commission, February 13, 2019 Parks and Recreation Board, November 27, 2018 and January 29, 2019 Natural Gas Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dixon made a motion, seconded by Councilmember Shaw, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 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 7:30 p.m. s/ Kimberly Dewis April 10, 2019 Kimberly Dewis, City Clerk Date Approved 133 VOLUME LXXXIV APRIL 10, 2019 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 April 10, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Pastor Glen Prince from Rauch Ministries and the Pledge of Allegiance was led by City Manager Rick Kozal. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MARCH 20, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dixon made a motion, seconded by Councilmember Shaw, to approve the March 20, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Hilltop Elementary School Recognition Proclamation Mayor Kaptain read the following proclamation: WHEREAS, the third graders of Hilltop Elementary School have participated in the Giving Square program which sponsors the Kids for Kids Fund; and WHEREAS, the vision of the Giving Square is to advance the democratic ideals of equality and civic responsibility by recognizing children as leaders for a new model of philanthropy, one grounded in an innate empathetic connection to the experiences and needs of others; and WHEREAS, the Giving Square recognizes that communities thrive because everyone, especially children, are active, compassionate and impactful contributors to society; and APRIL 10, 2019 VOLUME LXXXIV 134 WHEREAS, the Hilltop Third Graders have taken on the responsibility for making an important philanthropic decision and learning about how they can contribute to their community and help others; and WHEREAS, the Hilltop Third Graders will present a $1,000 donation to Food for Greater Elgin. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby commend these young people for demonstrating leadership and civic responsibility in their efforts to do good for others in our community. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of April, 2019. David J. Kaptain Mayor National Public Safety Telecommunicators Week Proclamation Mayor Kaptain read the following proclamation: WHEREAS, each day, thousands of Americans dial 9-1-1 for help in emergencies. The men and women who answer these calls for help, gathering essential information and dispatching the appropriate assistance, can often make the difference between life and death for persons in need; and WHEREAS, the City of Elgin’s Public Safety Telecommunicators are among the more than 200,000 telecommunications specialists who work daily to protect and to promote public safety; and WHEREAS, Public Safety Telecommunicators are more than a calm and reassuring voice at the other end of the phone. They are knowledgeable and highly trained individuals who not only work closely with the Police and Fire Departments, but numerous other State and local agencies as well as other departments within the City; and WHEREAS, because emergencies can strike at any time, we rely on the vigilance and the preparedness of these individuals 24 hours a day, 365 days a year; and WHEREAS, the City of Elgin recognizes the need to maintain the highest standards of public safety, we owe a great debt to the men and women who, by applying their expertise in telecommunications, help to make that achievement possible; and WHEREAS, during this special observance, we acknowledge that debt and extend a heartfelt thank you to each of them; VOLUME LXXXIV APRIL 10, 2019 135 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, on behalf of the entire City Council and Staff, do hereby proclaim April 14 to April 20, 2019 as National Public Safety Telecommunicators Week. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of April, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Alex Molina and Ana Sorto expressed their concerns regarding the status of an insurance claim for their rental property. Steven Thoren thanked all those that supported his campaign for city council. He also thanked all candidates that ran and congratulated those that were elected. BID 19-005 AWARDED TO WESTERN SPECIALTY CONTRACTORS FOR FOUNTAIN SQUARE PARKING STRUCTURE MAINTENANCE REPAIRS Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to Western Specialty Contractors for Fountain Square parking structure maintenance repairs in the amount of $61,887. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-012 AWARDED TO JOHNSON CONTROLS FOR CAMERAS Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve contract with Johnson Controls to supply 196 Axis cameras in the amount of $108,444 to replace outdated equipment and upgrade security. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-018 AWARDED TO RUSH MEDIUM DUTY TRUCK CENTER OF COLORADO, INC. FOR FORD F-550 CRANE TRUCK Councilmember Gavin made a motion, seconded by Councilmember Shaw, to approve a contract with Rush Medium Duty Truck Center of Colorado, Inc. for the purchase of a 2019 Ford F-550 Crane Truck in the amount of $120,122. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 10, 2019 VOLUME LXXXIV 136 BID 19-019 AWARDED TO H & H LAWN SERVICE INC. FOR CODE COMPLIANCE MOWING SERVICES There was a discussion regarding how the costs of the mowing services are handling with property maintenance complaints. Councilmember Martinez made a motion, seconded by Councilmember Gavin, to award the Code Compliance Mowing Services bid to H & H Lawn Service Inc. for a two-year term with an option for three, one-year renewals in an annual amount not to exceed $60,000. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT APPROVED WITH F. H. PASCHEN FOR THE REPLACEMENT OF FIRE STATION 1 RETAINING WALL Councilmember Steffen made a motion, seconded by Councilmember Dixon, to approve a contract with F. H. Paschen for the replacement of the retaining wall at fire station 1 in the amount of $222,426. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PURCHASING COOPERATIVE AGREEMENT WITH TRANE APPROVED FOR THE PURCHASE OF FLEET DIVISION HVAC EQUIPMENT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve a contract with Trane for the purchase of HVAC equipment in the amount of $130,708 to replace the HVAC equipment for the fleet area at public works. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING COOPERATIVE AGREEMENT WITH TRANSCHICAGO TRUCK GROUP APPROVED FOR THE UTILITIES DIVISION BOX VAN PURCHASE Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve a contract with TransChicago Truck Group for the purchase of a box van for the utilities division in the amount of $186,987. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 10, 2019 137 JOINT PURCHASING COOPERATIVE AGREEMENT WITH CURRIE MOTORS APPROVED FOR THE UTILITIES DIVISION TRANSIT VAN PURCHASE Councilmember Shaw made a motion, seconded by Councilmember Powell, to approve a contract with Currie Motors for the purchase of a Ford transit van for the utilities division in the amount of $24,356. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING COOPERATIVE AGREEMENT WITH REINDERS APPROVED FOR THE PURCHASE OF TWO TORO GROUNDSMASTER Z-TURN MOWERS Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Reinders of Mundelein, Illinois for the purchase of two Toro Z-turn mowers for public services through the National Intergovernmental Purchasing Alliance in the amount of $36,253. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PURCHASING CONTRACT WITH MORBARK LLC APPROVED FOR THE PURCHASE OF A WOOD AND BRUSH CHIPPER Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve a contract, with Morbark LLC, for the purchase of equipment for public services in the amount of $89,094. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 52-18 APPROVED FOR 590 N. MCLEAN BOULEVARD, PLANNED DEVELOPMENT AS A CONDITIONAL USE TO CONSTRUCT A NEW COMMERCIAL BUILDING FOR O’REILLY AUTO PARTS Marc Mylott, Community Development Director, provided an overview of Petition 52-18 to approve a planned development as a conditional use to construct a new commercial building. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. There was discussion regarding the need for this type of business in this area. Also discussed was the landscaping plans and removal of curb cuts. Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve Petition 52-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 10, 2019 VOLUME LXXXIV 138 PETITION 07-19 APPROVED FOR 158-160 SYMPHONY WAY, PLANNED DEVELOPMENT AS A CONDITIONAL USE TO ESTABLISH TWO DWELLING UNITS ON THE FIRST-FLOOR OF THE EXISTING THREE-STORY BUILDING. Marc Mylott, Community Development Director, provided an overview of Petition 07-19 to approve a planned development as a conditional use to establish dwelling units. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 07-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 04-19 APPROVED FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE TO ALLOW MURALS WITHIN DOWNTOWN ELGIN Marc Mylott, Community Development Director, provided an overview of Petition 04-19 to approve a text amendment to allow murals within the downtown. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. There was discussion regarding the approval process, content of the murals, and maintenance concerns. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 04-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-56 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AMENDMENT (AGREEMENT NO. OP-19-0140) Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 10, 2019 139 Resolution No. 19-56 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AMENDMENT (Agreement No. OP-19-0140) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $14,600.00 for occupant protection and impaired driving enforcement. 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 grant agreement amendment with Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 10, 2019 Adopted: April 10, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt Resolution Nos. 19-51 through 19-55 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 10, 2019 VOLUME LXXXIV 140 RESOLUTION 19-51 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH BIGGERS MOTORS, INC. D/B/A BIGGERS MAZDA (1320 EAST CHICAGO STREET) Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-51 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH BIGGERS MOTORS, INC. D/B/A BIGGERS MAZDA (1320 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Incentive Agreement on behalf of the City of Elgin with Biggers Motors, Inc. d/b/a Biggers Mazda for economic development assistance in connection with the development of 1320 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 10, 2019 Adopted: April 10, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-52 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL CONSTRUCTION ENGINEERING PHASE SERVICES IN CONNECTION WITH THE CHICAGO STREET SURFACE TRANSPORTATION PROGRAM (STP) PROJECT Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 10, 2019 141 Resolution No. 19-52 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL CONSTRUCTION ENGINEERING PHASE SERVICES IN CONNECTION WITH THE CHICAGO STREET SURFACE TRANSPORTATION PROGRAM (STP) PROJECT 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 Amendment Agreement No. 2 on behalf of the City of Elgin with Engineering Enterprises, Inc. for professional construction engineering phase services in connection with the Chicago Street Surface Transportation Program (STP) Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 10, 2019 Adopted: April 10, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-53 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 10, 2019 VOLUME LXXXIV 142 Resolution No. 19-53 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jerri McCue and Steven Migala are hereby reappointed as members of the Planning and Zoning Commission, for terms that will expire on July 1, 2021. BE IT FURTHER RESOLVED that Jay Cox is hereby appointed as the Chair of the Planning and Zoning Commission, for a term that will being May 1, 2019 and expire on July 1, 2022. BE IT FURTHER RESOLVED, that Jerold Deering and Karin Jones are hereby appointed as members of the Planning and Zoning Commission for terms that will begin May 1, 2019 and expire on July 1, 2021. BE IT FURTHER RESOLVED, that John Regan is hereby appointed as a member of the Heritage Commission for terms that will expire on May 1, 2022. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 10, 2019 Adopted: April 10, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-54 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION OF WEST POINT GARDENS SOUTH PHASE 2 Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 10, 2019 143 Resolution No. 19-54 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION OF WEST POINT GARDENS SOUTH PHASE 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision of West Point Gardens South Phase 2, prepared by Manhard Consulting Ltd, dated September 6, 2018, last revised on November 26, 2018. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 10, 2019 Adopted: April 10, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-55 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION OF WEST POINT GARDENS SOUTH PHASE 2A Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-55 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION OF WEST POINT GARDENS SOUTH PHASE 2A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision of West Point Gardens South Phase 2A, prepared by Manhard Consulting Ltd, dated September 5, 2018, last revised on November 26, 2018. s/ David J. Kaptain David J. Kaptain, Mayor APRIL 10, 2019 VOLUME LXXXIV 144 Presented: April 10, 2019 Adopted: April 10, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Martinez made a motion, seconded by Councilmember Shaw, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. E-911 Board February 21, 2019 Elgin Police Pension Fund Board, Various Dates Committee of the Whole Minutes for February 27 and March 6, 2019 City Council Minutes for February 27 and March 6, 2019 Sales Tax Electricity Tax Telecommunications Tax Hotel / Motel Tax Motor Fuel Tax Video Gaming Tax Riverboat Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Powell, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:59 p.m. s/ Kimberly Dewis April 24, 2019 Kimberly Dewis, City Clerk Date Approved 145 VOLUME LXXXIV APRIL 24, 2019 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 April 24, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The Invocation was given by Dr. Phil Wood, Elgin Wayside Center and the Pledge of Allegiance was led by Councilmember Corey Dixon. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE APRIL 10, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve the April 10, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Alan Thavisouk invited the public to attend International Fest, I-Fest, being held on May 4, 2019. Anthony Ortiz presented the council with an honorary street name application to honor Cpl. Alex Martinez, an Elgin resident, who lost his life while serving his country. Sue Webb thanked the city for their help in addressing issues at the Route 31 and Route 20 exchange. She also thanked Katie Thrun who helped with the neighborhood’s Earth Day clean-up project. APRIL 24, 2019 VOLUME LXXXIV 146 BID 19-025 AWARDED TO JR LIGHTING DESIGN INC. FOR HEMMENS CULTURAL CENTER LED LIGHTING EQUIPMENT Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to JR Lighting Design Inc., in the amount of $47,436 for the purchase LED lighting instruments and move light fixtures. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-027 AWARDED TO TRINE CONSTRUCTION, CORP. FOR LORD STREET BASIN COMBINED SEWER SEPARATION PHASE 5 Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award a contract to Trine Construction, Corp. in the amount of $3,722,353 to separate combined sewers within the Lord Street Combined Sewer Basin in accordance with City’s Combined Sewer Overflow Long Term Control Plan. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SUBURBAN PURCHASING COOPERATIVE AGREEMENT APPROVED WITH CURRIE COMMERCIAL CENTER FOR THE PURCHASE OF PUBLIC SERVICES VEHICLES Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a contract with Currie Commercial Center for the purchase of five 2019 Ford Escapes in the amount of $114,940 to replace vehicles to ensure core services related to infrastructure maintenance and department programming is carried out efficiently. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT ORDER CONTRACT APPROVED WITH F. H. PASCHEN FOR THE EDWARD SCHOCK CENTRE OF ELGIN POOL REFINISH Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve a contract with F. H. Paschen in the amount of $150,223 to resurface the leisure pool floor at the Edward Schock Centre of Elgin and replacement of all Adventure Island pool drain grates. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 24, 2019 147 PETITION 06-19 APPROVED FOR 1701-1707 N. RANDALL ROAD – AMEND EXISTING PROGRAM FOR GRAPHICS TO ALLOW ADDITIONAL WALL GRAPHICS AND MODIFICATIONS TO EXISTING MONUMENT GRAPHICS AT JOHN B. SANFILIPPO AND SONS, INC. CORPORATE CAMPUS Marc Mylott, Community Development Director, provided an overview of Petition 06-19 to allow additional wall graphics and modifications to the existing monument graphics. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 06-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 14-19 APPROVED FOR 111 N. CHANNING SQUARE – AMEND EXISTING PLANNED DEVELOPMENT TO ALLOW COMMUNITY GARDEN PLOTS Marc Mylott, Community Development Director, provided an overview of Petition 14-19 to allow community gardens. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Members of the Gifford Park Association provided details about the community garden program including the application process and the responsibilities to maintain the garden beds. Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petition 14-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 13-19 TABLED REGARDING THE CITY WIDE ZONING ORDINANCE TEXT AMENDMENT TO ALLOW PARKING OF CERTAIN COMMERCIAL VEHICLES AND RECREATIONAL VEHICLES (RVS) ON RESIDENTIAL PROPERTIES Marc Mylott, Community Development Director, provided an overview of Petition 13-19 to approve a text amendment to allow certain commercial and recreational vehicles on residential properties. Mr. Mylott outlined the changes to heavy weight vehicles, taxi cabs, and recreational vehicles. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet. Councilmember Powell made a motion, seconded by Councilmember Dixon, to table Petition 13- 19. Upon a roll call vote: Yeas: Councilmembers Dixon, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Martinez, and Shaw. APRIL 24, 2019 VOLUME LXXXIV 148 RESOLUTION 19-64 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAYNE CHRISTENSEN COMPANY FOR DEEP WELL 4A REPAIRS AT THE AIRLITE WATER TREATMENT PLANT Councilmember Powell 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. Resolution No. 19-64 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAYNE CHRISTENSEN COMPANY FOR DEEP WELL 4A REPAIRS AT THE AIRLITE WATER TREATMENT PLANT 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 Layne Christensen Company for deep well 4A repairs at the Airlite Water Treatment Plan, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV APRIL 24, 2019 149 RESOLUTION 19-65 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WELL WATER SOLUTIONS, ILLINOIS DIVISION, LLC FOR DEEP WELL 1A AND 3A REPAIRS AT THE AIRLITE WATER TREATMENT PLANT Councilmember Shaw 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. Resolution No. 19-65 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WELL WATER SOLUTIONS, ILLINOIS DIVISION, LLC FOR DEEP WELL 1A AND 3A REPAIRS AT THE AIRLITE WATER TREATMENT PLANT 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 Well Water Solutions, Illinois Division, LLC, for deep well 1A and 3A repairs at the Airlite Water Treatment Plan, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 24, 2019 VOLUME LXXXIV 150 RESOLUTION 19-66 ADOPTED AUTHORIZING EXECUTION OF A MASTER POLE ATTACHMENT AGREEMENT WITH SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION, MAINTENANCE AND OPERATION OF SMALL WIRELESS FACILITIES Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-66 RESOLUTION AUTHORIZING EXECUTION OF A MASTER POLE ATTACHMENT AGREEMENT WITH SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION, MAINTENANCE AND OPERATION OF SMALL WIRELESS FACILITIES 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 Master Pole Attachment Agreement on behalf of the City of Elgin with SMSA Limited Partnership d/b/a Verizon Wireless, including all subsequent license supplements to be attached thereto, for installation, maintenance and operation of small wireless facilities, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G14-19 through G16-19 and T14-19, and adopt Resolution Nos. 19-57 through 19-63 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 24, 2019 151 RESOLUTION 19-57 ADOPTED AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR MAINTENANCE AND SUPPORT OF INTRADO 911, NON-EMERGENCY PHONE SYSTEMS, COMMAND CENTRAL AWARE SERVICES AND COMMUNICATIONS EQUIPMENT Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-57 RESOLUTION AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR MAINTENANCE AND SUPPORT OF INTRADO 911, NON- EMERGENCY PHONE SYSTEMS, COMMAND CENTRAL AWARE SERVICES AND COMMUNICATIONS EQUIPMENT 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 a Services Agreement on behalf of the City of Elgin with Motorola Solutions, Inc. for maintenance and support of Intrado 911, non-emergency phone systems and Command Central Aware Services and communications equipment, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 24, 2019 VOLUME LXXXIV 152 RESOLUTION 19-58 ADOPTED AUTHORIZING EXECUTION OF A BUILDING IMPROVEMENT PROGRAM AGREEMENT WITH 166 SYMPHONY WAY LLC (166 SYMPHONY WAY) Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-58 RESOLUTION AUTHORIZING EXECUTION OF A BUILDING IMPROVEMENT PROGRAM AGREEMENT WITH 166 SYMPHONY WAY LLC (166 Symphony Way) 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 Building Improvement Program Agreement on behalf of the City of Elgin with 166 Symphony Way LLC for economic development assistance in connection with the development of a rooftop at The Haight at 166 Symphony Way, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-59 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET RESURFACING PROGRAM-GIFFORD PARK AND NEAR SOUTHEAST AREA NEIGHBORHOODS PROJECT Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 24, 2019 153 Resolution No. 19-59 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET RESURFACING PROGRAM-GIFFORD PARK AND NEAR SOUTHEAST AREA NEIGHBORHOODS PROJECT 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 Engineering Enterprises, Inc. for professional services in connection with the 2019 Neighborhood Street Resurfacing Program-Gifford Park and Near Southeast Area Neighborhoods Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-60 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH GRAYBAR ELECTRIC COMPANY, INC. FOR PROGRAMMABLE LOGIC CONTROLLER UPGRADES Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 24, 2019 VOLUME LXXXIV 154 Resolution No. 19-60 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH GRAYBAR ELECTRIC COMPANY INC. FOR PROGRAMMABLE LOGIC CONTROLLER UPGRADES 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 Purchase Agreement on behalf of the City of Elgin with Graybar Electric Company, Inc., for programmable logic controller upgrades, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-61 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 24, 2019 155 Resolution No. 19-61 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Berto Valdez is hereby appointed as a member of the Planning and Zoning Commission, for terms that will expire on July 1, 2019. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-62 ADOPTED REPEALING RESOLUTION NO. 15-104 REGARDING A PREVIOUS VERSION OF A TRANSPORTATION AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION AND THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR CROSSING WARNING SIGNAL DEVICE IMPROVEMENTS AT MCLEAN BOULEVARD AND BIG TIMBER ROAD Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 24, 2019 VOLUME LXXXIV 156 Resolution No. 19-62 RESOLUTION REPEALING RESOLUTION NO. 15-104 REGARDING A PREVIOUS VERSION OF A TRANSPORTATION AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION AND THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR CROSSING WARNING SIGNAL DEVICE IMPROVEMENTS AT MCLEAN BOULEVARD AND BIG TIMBER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution 15-104 adopted on August 12, 2015, providing for the execution of a Transportation Agreement with the State of Illinois Department of Transportation and the Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority for crossing warning signal device improvements at McLean Boulevard and Big Timber Road, be and is hereby repealed. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-63 ADOPTED AUTHORIZING EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION AND THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR CROSSING WARNING SIGNAL DEVICE IMPROVEMENTS AT MCLEAN BOULEVARD AND BIG TIMBER ROAD Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 24, 2019 157 Resolution No. 19-63 RESOLUTION AUTHORIZING EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION AND THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR CROSSING WARNING SIGNAL DEVICE IMPROVEMENTS AT MCLEAN BOULEVARD AND BIG TIMBER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a State of Illinois Department of Transportation Agreement with the State of Illinois Department of Transportation (Section 14-00185-00 TL, Project RRP-4003(352), Job No. C-91-372-14, TIP #09-14-0024) and the Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority on behalf of the City of Elgin for crossing warning signal device improvements at McLean Boulevard and Big Timber Road, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G14-19 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (590 NORTH MCLEAN BOULEVARD) Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 24, 2019 VOLUME LXXXIV 158 Ordinance No. G14-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (590 North McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct a new commercial building with departures from the requirements of the zoning ordinance at 590 North McLean Boulevard; and WHEREAS, the zoning lot containing the premises at 590 North 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 WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 4, 2019, following due notice including 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 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 March 4, 2019, 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 LXXXIV APRIL 24, 2019 159 Section 2. That a conditional use for a planned development authorizing the construction of a new commercial building with departures from the requirements of the zoning ordinance is hereby granted for the property commonly known as 590 North McLean Boulevard, and commonly identified by Kane County Property Index Numbers 06-10-329-009, 06-10-329- 010, 06-10-329-011, 06-10-329-012, and 060-10-329-013, and legally described as follows: LOTS 1, 2, 3, 4, 5 AND 6 IN BLOCK 1 OF ILLINOIS PARK SECOND ADDITION TO ELGIN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S70°16'13"E 140.22' TO A SET 5/8" REBAR; THENCE S00°00'00"E 258.78' TO A FOUND 1/2" REBAR; THENCE S88°33'42"W 132.00' TO A FOUND 1/2" REBAR; THENCE N00°00'17"W 309.43' TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.861 ACRES, MORE OR LESS. (commonly known as 590 North McLean Boulevard). 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 O’Reilly Auto Enterprises, LLC, as applicant, and St. Charles Bank & Trust Co., as property owner, received November 19, 2018, and supporting documents including: a. Undated Project Narrative New O’Reilly Auto Parts Store N. McLean BLVD Elgin, IL #2 letter, received November 16, 2018; b. Undated Planned Development Statement of Purpose and Conformance, received January 17, 2019; c. Sheet SV1, prepared by Blew & Associates, PA, dated August 2, 2018; d. Site Development Plan, Sheet C2of7, prepared by Craig A. Schneider, AIA, dated November 16, 2018; with such further revisions as required by the Community Development Director; e. Undated Sheet C2.2, prepared by Craig A. Schneider, AIA, received February 27, 2019, with such further revisions as required by the Community Development Director; f. Undated Site Plan O’Reilly Auto Parts Store Elgin, IL, prepared by HR Green, received February 27, 2019, with such further revisions as required by the Director of Community Development, g. Landscape Plans, Sheets L1of3, L2of3, and L3of3, prepared by Craig A. Schneider, AIA, dated November 16, 2018, received February 27, 2019, with such further revisions as required by the Director of Community Development; h. Undated Sheet C4, prepared by Craig A. Schneider, AIA, received February 27, 2019, with such further revisions as required by the Director of Community Development; i. Site Photometric Plans, Sheets SP1 and SP2, prepared by Craig A. Schneider, AIA, dated November 12, 2018, with such further revisions as required by the Director of Community Development; APRIL 24, 2019 VOLUME LXXXIV 160 j. Sheet US1, prepared by Craig A. Schneider, AIA, dated November 12, 2018, with such further revisions as required by the Community Development Director; k. Floor Plan, prepared by Craig A. Schneider, AIA, dated January 11, 2019, with such further revisions as required by the Community Development Director; l. Sheet CE1, prepared by Craig A. Schneider, AIA, dated January 8, 2019, last revised February 21, 2019, with such further revisions as required by the Community Development Director; and m. Sign Plans, Sheets SG1.1, SG1.2, and SG2.1, prepared by Craig A. Schneider, AIA, dated January 11, 2019, last revised February 27, 2019, with such further revisions as required by the Community Development Director. 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. A departure is hereby granted to construct the building with a 5.3-foot building street yard setback from the east property line, and a 7.5-foot building street yard setback from the north property line. 3. A departure is hereby granted to allow a transition landscape yard along the west property line with a depth of 5.6 feet. 4. A departure is hereby granted to allow a six-foot high privacy PVC fence along the west property line in the street yards north and south of the building. 5. A departure is hereby granted to allow the construction of the vehicle use area without the minimum required interior landscape yards. 6. No motor vehicle repair of any kind is permitted on the property, including in the parking lot, and on the interior and exterior of the building. 7. The applicant shall pay a fee of seven thousand four hundred dollars ($7,400) in lieu of planting all required replacement trees. The fee, which is to be collected at the time of building permit issuance, is in addition to the installation of 18 new deciduous trees and other landscaping materials in substantial compliance with the Landscape Plans, Sheets L1of3, L2of3, and L3of3, prepared by Craig A. Schneider, AIA, dated November 16, 2018, received February 27, 2019, with such further revisions as required by the Director of Community Development; and 8. Compliance with all applicable codes and ordinances. VOLUME LXXXIV APRIL 24, 2019 161 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: April 24, 2019 Passed: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 24, 2019 Published: April 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G15-19 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC2 CENTER CITY DISTRICT AND TO PERMIT CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE G16-19 PASSED (160 SYMPHONY WAY) Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G15-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC2 CENTER CITY DISTRICT AND TO PERMIT CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (160 Symphony Way) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct two residential units on the walk-up first floor with gross floor areas less than the minimum required at 160 Symphony Way; and WHEREAS, the zoning lot with the building containing the premises at 160 Symphony Way is legally described herein (the “Subject Property”); and APRIL 24, 2019 VOLUME LXXXIV 162 WHEREAS, the proposed renovation of the walk-up first floor of the Subject Property provides for the adaptive reuse of a portion of an existing building; and WHEREAS, the Subject Property is located within the CC2 Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 4, 2019, following due notice including 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 CC2 Center City 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 4, 2019, 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 planned development to allow two residential units on the walk-up first floor, and adaptive reuse as a Dwelling, Apartment [SR] is hereby granted for the property commonly known as 160 Symphony Way, which is part of the property commonly identified by Kane County Property Index Number 06-14-242-011-0000, and legally described as follows: THE EAST 29.5 FEET OF THE NORTH 87 FEET OF THE SOUTH 92 FEET OF LOT 2 AND THE WEST 32 FEET OF THE NORTH 87 FEET OF THE SOUTH 92 FEET OF LOT 3 OF P.J. KIMBALL, JR'S SECOND ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 158-160 Symphony Way). VOLUME LXXXIV APRIL 24, 2019 163 Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 9. Substantial conformance to the Development Application submitted by M C Realty XXXII, Inc., as applicant and property owner, received February 7, 2019, and supporting documents including: a. Undated Statement of Purpose and Conformance, prepared by Joe Keavy, Drost Kivlahan McMahon & O’Connor, LLC, received February 7, 2019; b. Plat of Survey, prepared by Land Surveying Services, Inc., dated August 8, 2008; c. Existing Floor Plan, Sheet A101, prepared by CD Group, dated December 21, 2018, last revised January 2, 2019, with such further revisions as required by the Director of Community Development; and d. Proposed Floor Plan, Sheet A102, prepared by CD Group, dated January 15, 2019, with such further revisions as required by the Director of Community Development. 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. 10. The conditional use granted by this ordinance is limited to the building commonly known as 160 Symphony Way. 11. A departure from the minimum gross floor area requirement is hereby granted to allow the establishment of two dwelling units, with two bedrooms in each dwelling unit, on the first floor of the Subject Property with a gross floor area of 1,073 square feet per dwelling unit. 12. 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 APRIL 24, 2019 VOLUME LXXXIV 164 Presented: April 24, 2019 Passed: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 24, 2019 Published: April 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G16-19 PASSED AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G16-19 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, a written application has been made to amend Chapter 19.50 of the Elgin Zoning Ordinance entitled "Street Graphics"; and WHEREAS, the Planning and Zoning Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission has submitted their written findings and recommendation that the requested amendments be granted; and WHEREAS, the City Council concurs with the findings and recommendation of 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, regulations in the city's zoning ordinance relating to street graphics, pertain to the government and affairs of the city. VOLUME LXXXIV APRIL 24, 2019 165 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 4, 2019 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 19.50.020 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended by adding thereto the following the definition of "Mural" to read as follows: "MURAL: A hand painted or handmade work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of a property owner. Examples of murals include hand painted images or mosaics comprised of individual tiles or other like material. A mural does not include: mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display." Section 3. That Section 19.50.080 of the Elgin Municipal Code, 1976, as amended, entitled "Wall and Integral Roof Graphics" be and is hereby further amended by adding a new subparagraph J thereto entitled "Mural" to read as follows: “J. Mural: An authorized mural conforming to the provisions of subsection 19.50.090 M. of this Chapter shall not count against the maximum number or the maximum surface area allowed for wall and integral roof graphics.” Section 4. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled "Special Street Graphics" be and is hereby further amended by adding a new subparagraph M thereto entitled "Mural" to read as follows: "M. Mural. Murals may be located only in compliance with the provisions of this section and the other provisions of this chapter. 1. Murals shall be allowed only in the CC1 Center City District, as well as the like Planned Development Districts. 2. Murals shall not be placed on a building which is used exclusively for a residential principal use, shall not extend more than six (6) inches from the plane of the wall upon which it is painted or to which it is affixed, and shall not extend above the top of the wall upon which it is painted or to which it is affixed. 3. Murals shall not cover or interrupt major architectural features, such as doors, exits, and windows. APRIL 24, 2019 VOLUME LXXXIV 166 4. Murals shall contain less than three percent (3%) text. 5. Murals are limited to one (1) wall per building or one (1) side of a structure, and no more than one (1) mural per zoning lot [SR]. 6. The property owner shall not be compensated for the display of the mural or the right to place the mural on a site." Section 5. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended, entitled "Prohibited" be and is hereby further amended by amending subparagraph O thereof to read as follows: "O. Painted Wall Graphics, But Not Including Murals." 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: April 24, 2019 Passed: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 24, 2019 Published: April 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T14-19 PASSED AMENDING THE 2018 BUDGET Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV APRIL 24, 2019 167 Ordinance No. T14-19 AN ORDINANCE AMENDING THE 2018 BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2018 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference. Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Passed: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 24, 2019 Published: April 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, March 11, 2019 Emergency Telephone System Board, March 21, 2019 Foreign Fire Insurance Tax Board, January 14, 2019 Board of Health, January 14, 2019 Human Relations Commission, March 5, 2019 Liquor Control Commission, March 6, 2019 Committee of the Whole, March 20, 2019 City Council Minutes, March 20, 2019 Sales Tax Revenue Telecommunications Tax Revenue APRIL 24, 2019 VOLUME LXXXIV 168 Natural Gas Tax Revenue Motor Fuel Tax Revenue Alcoholic Liquor Tax Video Gaming Tax Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Gavin, to adjourn and to into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act The meeting adjourned at 8:00 p.m. s/ Kimberly Dewis May 8, 2019 Kimberly Dewis, City Clerk Date Approved 169 VOLUME LXXXIV MAY 8, 2019 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 8, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 6:00 p.m. The Invocation was given by Natalia Heckermann, from Judson University and the Pledge of Allegiance was led by Corporation Counsel William Cogley. City Clerk Kimberly Dewis read the following proclamation of results of the consolidated election for the offices of Mayor and Councilmembers for the City of Elgin, Kane and Cook Counties, Illinois. PROCLAMATION OF THE RESULTS OF THE CONSOLIDATED ELECTION FOR THE OFFICE OF MAYOR AND COUNCILMEMBERS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, a Consolidated Election for the offices Mayor and of Councilmember to be elected at large, of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on April 2, 2019; and WHEREAS, the election authority of Cook County transmitted the results for those precincts located in Hanover Township, Cook County, City of Elgin to the Kane County election authority; and WHEREAS, the election authority of Kane County compiled the results for those precincts located in Campton, Dundee, Elgin, Plato, and Rutland Townships, Kane County, and Hanover Township, Cook County, Elgin, Illinois; and WHEREAS on April 23, 2019, the County Canvassing Board of Kane County met at the County Clerk’s office in Geneva, Illinois, canvassed the returns of the Consolidated Election and issued an Abstract of Votes which was furnished to the Local Election Official of the City of Elgin. NOW, THEREFORE, pursuant to the Abstract of Votes prepared by the Kane County Canvassing Board, it is hereby proclaimed that of the 61,285 registered voters, a total of 6,716 ballots were cast at the Consolidated Election on April 2, 2019. The following number of votes was cast for each candidate for the office of Mayor and the office of Councilmember of the City of Elgin: Mayor Kane County Cook County Totals David Kaptain 3,621 705 4,326 Carol Rauschenberger 1,811 410 2,221 MAY 8, 2019 VOLUME LXXXIV 170 Councilperson Four Year Kane County Cook County Totals F. John Steffen 3,729 713 4.442 Fred Moulton 1,784 342 2,126 Tish S. Powell 3,477 672 4,149 Rose Martinez 2,685 628 3,313 Toby Shaw 2,857 502 3,359 Anthony Ortiz 1,454 308 1,762 Dustin Good 2,390 441 2,831 Councilperson Two Year Kane County Cook County Totals Baldemar Lopez 2,259 441 2,700 Steven Thoren 2,050 350 2,400 Jerri McCue 855 250 1,105 IT IS HEREBY PROCLAIMED that the following person has been elected for the four year term of office of Mayor for the City of Elgin: David Kaptain IT IS HEREBY PROCLAIMED that the following persons have been elected to the four year terms of office of Councilmember for the City of Elgin: F. John Steffen Tish S. Powell Toby Shaw Rose Martinez IT IS HEREBY PROCLAIMED that the following person has been elected to the two year term of office of Councilmember for the City of Elgin: Baldemar Lopez VOLUME LXXXIV MAY 8, 2019 171 This is to certify that the foregoing Proclamation of Results of the Consolidated Election for the offices of Mayor and Councilmember for the City of Elgin is true and correct. Dated this 8th day of May, 2019 s/ Kimberly Dewis Elgin City Clerk and Local Election Official INAUGURATION OF ELECTED MAYOR AND COUNCILMEMBERS David Kaptain was sworn in by the Honorable Manuel Barbosa. F. John Steffen was sworn in by the Honorable Ketki Steffen. Tish Powell was sworn in by the Honorable John G. Dalton. Toby Shaw was sworn in by the City Clerk, Kimberly Dewis. Rose Martinez was sworn in by the Honorable Kathy Karayannis. Baldemar Lopez was sworn in by the Honorable John G. Dalton. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. NEWLY-INAUGURATED COUNCILMEMBER COMMENTS The newly inaugurated mayor and councilmembers each thanked their friends, family, and constituents for their support. MEETING - RECESS Mayor Kaptain declared the City Council meeting recessed at 6:30 p.m. for a reception for the newly elected councilmembers and stated it would reconvene at 7:00 p.m. MEETING – RECONVENE Mayor Kaptain declared the City Council meeting back in session at 7:00 p.m. MAY 8, 2019 VOLUME LXXXIV 172 MINUTES OF THE APRIL 24, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the April 24, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Arbor Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees called Arbor Day, which is now observed throughout the nation and the world; and WHEREAS, the City of Elgin adopted a Tree Preservation Ordinance in 2013; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas and beautify our community and are a source of joy and spiritual renewal. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim May 8, 2019 as Arbor Day, in the City of Elgin and I urge all citizens to celebrate Arbor Day and efforts to protect our trees and woodlands and to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of May, 2019. David J. Kaptain Mayor Poppy Days Proclamation VOLUME LXXXIV MAY 8, 2019 173 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 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 9, 10 and 11, 2019 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 8th day of May, 2018. David J. Kaptain Mayor Elgin Area Firefighters’ 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 MAY 8, 2019 VOLUME LXXXIV 174 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 11, 2019, 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 8th day of May, 2019. 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 15, 2019, as ELGIN PEACE OFFICERS MEMORIAL DAY as 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 8th Day of May, 2019. VOLUME LXXXIV MAY 8, 2019 175 David J. Kaptain Mayor Kids to Parks Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, May 18, 2019 is the ninth Kids to Parks Day organized and launched by the National Park Trust, held annually on the third Saturday in May; and WHEREAS, Kids to Parks Day empowers kids and encourages families to get outdoors and visit America’s parks; and WHEREAS, it is important to introduce a new generation to our nation’s parks; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and WHEREAS, Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and WHEREAS, Kids to Parks Day will broaden children’s appreciation for nature and the outdoors. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim May 18, 2019 as Kids to Parks Day in the city of Elgin, and I urge all citizens to make time and take the children in their lives to one of Elgin’s 75 parks. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of May, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Jose Bosque stated his concerns about discipline in the Police Department and that Lt. Jensen should not return to work. Jody Perkins stated her concerns regarding a civilian oversight board for the police department. MAY 8, 2019 VOLUME LXXXIV 176 BID 19-026 AWARDED TO LANDMARK CONTRACTORS, INC. FOR THE 2019 NEIGHBORHOOD STREET REHABILITATION – GERTRUDE/JEWETT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award the 2019 Neighborhood Street Rehabilitation – Gertrude/Jewett bid to Landmark Contractors, Inc. in the amount of $2,663,904 in order to provide new water main and pavement rehabilitation to improve City infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-030 AWARDED TO VARIOUS VENDORS FOR BITUMINOUS PATCHING MIXTURES GROUPS I AND II Councilmember Steffen made a motion, seconded by Councilmember Gavin, to authorize the purchase of bituminous patching mixtures (Group I) from Plote Construction, Inc. in the amount of $164,640 and (Group II) from Arrow Road Construction in the amount of $28,600 in order to provide public works with the materials necessary to repair and replace asphalt infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR PETITIONS 05-19, 11-19, AND 12-19; HIGHLAND WOODS SUBDIVISION NEIGHBORHOODS “G” AND “I”, AN APPLICATION FOR THE THIRD AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENT TO PLANNED DEVELOPMENT WITH NEW PSFR2 AND PCF ORDINANCES, AMENDMENT TO PRELIMINARY PLAT, AND FINAL PLAT AND FINAL ENGINEERING FOR A NEW SINGLE-FAMILY HOME SUBDIVISION Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, outlined Petitions 05-19, 11-19 and 12-19 for the Highland Woods Subdivision. The petitions would grant the third amendment to the annexation agreement, and amendment to the planned development and an amendment to the preliminary plat, final plat and final engineering. He further addressed the change to the density and the types of homes that would be constructed. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. There was discussion regarding the location of the garages and the lot sizes. Mayor Kaptain declared the public hearing closed. PETITIONS 05-19, 11-19, AND 12-19 APPROVED FOR THE HIGHLAND WOODS SUBDIVISION NEIGHBORHOODS “G” AND “I”, AN APPLICATION FOR THE VOLUME LXXXIV MAY 8, 2019 177 THIRD AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENT TO PLANNED DEVELOPMENT WITH NEW PSFR2 AND PCF ORDINANCES, AMENDMENT TO PRELIMINARY PLAT, AND FINAL PLAT AND FINAL ENGINEERING FOR A NEW SINGLE-FAMILY HOME SUBDIVISION Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve Petitions 05-19, 11-19, and 12-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR PETITIONS 08-19, 09-19, AND 10-19; 2600 MASON ROAD, AN APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PLANNED DEVELOPMENT AS A MAP AMENDMENT TO ESTABLISH A NEW PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT, PRELIMINARY AND FINAL PLAT OF SUBDIVISION, AND FINAL ENGINEERING TO CONSTRUCT A NEW BUSINESS PARK WITH THREE OFFICE AND WAREHOUSING BUILDINGS Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, outlined Petitions 08-19, 09-19 and 10-19 for the property located at 2600 Mason Road. The petitions would grant an annexation agreement, and the planned development as a map amendment to establish a new planned office research industrial district and a preliminary plat, final plat of subdivision, and final engineering. He noted that this would create a new business park with three office and warehouse buildings. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Mayor Kaptain declared the public hearing closed. PETITIONS 08-19, 09-19, AND 10-19 APPROVED FOR 2600 MASON ROAD, AN APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PLANNED DEVELOPMENT AS A MAP AMENDMENT TO ESTABLISH A NEW PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT, PRELIMINARY AND FINAL PLAT OF SUBDIVISION, AND FINAL ENGINEERING TO CONSTRUCT A NEW BUSINESS PARK WITH THREE OFFICE AND WAREHOUSING BUILDINGS Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve Petitions 08-19, 09-19, and 10-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 8, 2019 VOLUME LXXXIV 178 RESOLUTION 19-75 ADOPTED APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2019 TO APRIL, 2020 Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Shaw. Resolution No. 19-75 RESOLUTION APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2019 TO APRIL, 2020 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, 2019 to April, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2019 Adopted: May 8, 2019 Vote: Yeas: 7 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-76 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 412 SUMMIT STREET Councilmember Steffen made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-76 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 412 SUMMIT 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 VOLUME LXXXIV MAY 8, 2019 179 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 real estate contract on behalf of the City of Elgin with Jie Dumond for the purchase of the property commonly known as 412 Summit Street, Elgin, IL 60120 for $85,000.00, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2019 Adopted: May 8, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-77 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH WEST CENTRAL MUNICIPAL CONFERENCE FOR 2019 REPLACEMENT TREES FOR PLANTING ON RIGHT-ON-WAY AND OTHER CITY PROPERTIES IN CONNECTION WITH THE SUBURBAN TREE CONSORTIUM Councilmember Dixon made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-77 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH WEST CENTRAL MUNICIPAL CONFERENCE FOR 2019 REPLACEMENT TREES FOR PLANTING ON RIGHT-OF-WAY AND OTHER CITY PROPERTIES IN CONNECTION WITH THE SUBURBAN TREE CONSORTIUM 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 Purchase Agreement on behalf of the City of Elgin with West Central Municipal Conference for 2019 replacement trees for planting on right-of-way and other MAY 8, 2019 VOLUME LXXXIV 180 city properties in connection with the Suburban Tree Consortium, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2019 Adopted: May 8, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Lopez, to pass Ordinance Nos. G17- 19 and G18-19 and adopt Resolution Nos. 19-67 through 19-74 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-67 ADOPTED AUTHORIZING EXECUTION OF A FIRE SPRINKLER ASSISTANCE GRANT AGREEMENT WITH PATRICK O'NEIL PROPERTY GROUP, LLC-GROVE FOR CONSTRUCTION OF A NEW FIRE SPRINKLER SYSTEM (11-13 N. GROVE AVENUE AND 15 N. GROVE AVENUE) Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-67 RESOLUTION AUTHORIZING EXECUTION OF A FIRE SPRINKLER ASSISTANCE GRANT AGREEMENT WITH PATRICK O'NEIL PROPERTY GROUP, LLC-GROVE FOR CONSTRUCTION OF A NEW FIRE SPRINKLER SYSTEM (11-13 N. Grove Avenue and 15 N. Grove 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 Fire Sprinkler Assistance Grant Agreement with Patrick VOLUME LXXXIV MAY 8, 2019 181 O'Neil Property Group, LLC-Grove for construction of a new fire sprinkler system at 11-13 N. Grove Avenue and 15 N. Grove 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 8, 2019 Adopted: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-68 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH ARROWHEAD REALTY CORPORATION D/B/A CROWN CORPORATE HOUSING FOR FAUCET MOUNTED FILTERS AND CARTRIDGES IN CONNECTION WITH THE LEAD WATER SERVICE PIPE REPLACEMENT PROGRAM Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-68 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH ARROWHEAD REALTY CORPORATION D/B/A CROWN CORPORATE HOUSING FOR FAUCET MOUNTED FILTERS AND CARTRIDGES IN CONNECTION WITH THE LEAD WATER SERVICE PIPE REPLACEMENT PROGRAM 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 a Purchase Agreement on behalf of the City of Elgin with Arrowhead Realty Corporation d/b/a Crown Corporate Housing for faucet mounted filters MAY 8, 2019 VOLUME LXXXIV 182 and cartridges in connection with Lead Water Service Pipe Replacement Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2019 Adopted: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-69 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A CONSERVATION AND STORMWATER MANAGEMENT PLAT OF EASEMENT FOR STORMWATER MANAGEMENT PURPOSES FROM BA-W LLC (TRADITIONS AT FITCHIE CREEK) Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-69 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A CONSERVATION AND STORMWATER MANAGEMENT PLAT OF EASEMENT FOR STORMWATER MANAGEMENT PURPOSES FROM BA-W LLC (Traditions at Fitchie Creek) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Conservation and Stormwater Management Plat of Easement for stormwater management purposes for Traditions at Fitchie Creek from BA-W LLC regarding the property legally described on said plat prepared by Manhard Consulting Ltd., dated May 25, 2018, last revised on November 30, 2018, a copy of which is attached hereto. VOLUME LXXXIV MAY 8, 2019 183 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Conservation and Stormwater Management Plat of Easement for Traditions at Fitchie Creek, Elgin, Illinois to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2019 Adopted: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-70 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANTING A CITY EASEMENT FOR TRADITIONS AT FITCHIE CREEK FROM BA-W LLC Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-70 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANTING A CITY EASEMENT FOR TRADITIONS AT FITCHIE CREEK FROM BA-W LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Granting a City Easement for Traditions at Fitchie Creek from BA-W LLC regarding the property legally described on said plat prepared by Manhard Consulting Ltd., dated May 25, 2018, last revised on November 13, 2018, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement Granting a City Easement for Traditions at Fitchie Creek, Elgin, Illinois to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor MAY 8, 2019 VOLUME LXXXIV 184 Presented: May 8, 2019 Adopted: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-71 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH KELSO-BURNETT COMPANY FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE INSTALLATION OF SINGLE MODE FIBER OPTIC CABLE Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-71 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH KELSO- BURNETT COMPANY FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE INSTALLATION OF SINGLE MODE FIBER OPTIC CABLE 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 a First Amendment Agreement on behalf of the City of Elgin with Kelso-Burnett Company, for professional services in connection with the installation of single mode fiber optic cable, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV MAY 8, 2019 185 Presented: May 8, 2019 Adopted: May 8, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-72 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BAXTER & WOODMAN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DUNDEE AVENUE AND SUMMIT STREET INTERSECTION IMPROVEMENT PROJECT Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-72 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BAXTER & WOODMAN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DUNDEE AVENUE AND SUMMIT STREET INTERSECTION IMPROVEMENT PROJECT 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Baxter & Woodman, Inc. for professional services in connection with the Dundee Avenue and Summit Street Intersection Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor MAY 8, 2019 VOLUME LXXXIV 186 Presented: May 8, 2019 Adopted: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-73 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION PRELIMINARY ENGINEERING PROJECT Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-73 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION PRELIMINARY ENGINEERING PROJECT 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 Engineering Enterprises, Inc. for professional services in connection with the Dundee Avenue Reconstruction Preliminary Engineering Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV MAY 8, 2019 187 Presented: May 8, 2019 Adopted: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-74 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Powell made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-74 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Wayne Smith, Case No. 17 WC 21374, in the total amount of $80,000.00 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2019 Adopted: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 8, 2019 VOLUME LXXXIV 188 ORDINANCE G17-19 PASSED AMENDING ORDINANCE NO. G42-09 WHICH GRANTED A CONDITIONAL USE APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS (1701-1707 NORTH RANDALL ROAD) Councilmember Powel made a motion, seconded by Councilmember Lopez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G17-19 AN ORDINANCE AMENDING ORDINANCE NO. G42-09 WHICH GRANTED A CONDITIONAL USE APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS (1701-1707 North Randall Road) WHEREAS, written application has been submitted requesting an amendment to Ordinance No. G42-09 which granted a conditional use approval to permit a program for graphics to allow additional wall graphics and modifications to existing monument graphics to include electronic changeable copy graphic at 1701-1707 North Randall Road; and WHEREAS, the zoning lot with the buildings containing the premises at 1701-1707 North Randall Road is legally described in Section 3 of Ordinance No. G42-09 (the “Subject Property”); and WHEREAS, the Subject Property is located within the PORI Planned Office Research Industrial District established by Ordinance No. G47-05 and Ordinance No. G79-05; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 1, 2019 following due notice including 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 Ordinance No. G42-09 which granted a conditional use approval to permit a program for VOLUME LXXXIV MAY 8, 2019 189 graphics in the PORI Planned Office Research 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 April 1, 2019, 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. of Ordinance No. G42-09 is hereby amended to include the following additional conditions: 8. Substantial conformance to the Development Application submitted by John B. Sanfilippo + Son, Inc., as applicant and property owner, received February 1, 2019, and supporting documents including: a. Statement of Purpose and Conformance, prepared by Kelly Day, John B. Sanfilippo & Son, Inc., dated January 31, 2019; b. ALTA/ACSM Land Title Survey of Panasonic, prepared by Cowhey Gudmundson Leder, Ltd., dated January 20, 2005; c. Undated John B. Sanfilippo Son, Inc. Sign Table 1701-1703-1707 N. Randall Rd., received February 1, 2019; d. Fourteen (14) Sheet “Inventory of All Signs” plan set, prepared by Aurora Sign Company Inc., dated January 22, 2019; e. Eight (8) Sheet “Inventory of Illuminated Corporate Signage” plan set, prepared by Aurora Sign Company Inc., dated September 5, 2018, with such further revisions as required by the Director of Community Development. 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. 9. Compliance with all applicable codes and ordinances. Section 3. That except as amended herein, the use and development of Subject Property shall be controlled pursuant to the provisions of Ordinance No. G42-09, Ordinance No. G47-05, and Ordinance No. G79-05. In the event of any conflict between this ordinance, and Ordinance No. G42-09, Ordinance No. G47-05, and Ordinance No. G79-05, this ordinance and associated documents shall control and prevail. MAY 8, 2019 VOLUME LXXXIV 190 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 8, 2019 Passed: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: May 8, 2019 Published: May 10, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G18-19 PASSED AMENDING PRC PLANNED RESIDENCE CONVERSATION DISTRICT ORDINANCE NO. G61-07 (111 N. CHANNING STREET, 468 DIVISION STREET AND A PORTION OF 472 DIVISION STREET) Councilmember Powel made a motion, seconded by Councilmember Lopez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G18-19 AN ORDINANCE AMENDING PRC PLANNED RESIDENCE CONSERVATION DISTRICT ORDINANCE NO. G61-07 (111 N. Channing Street, 468 Division Street and a Portion of 472 Division Street) WHEREAS, the territory herein described has been classified PRC Planned Residence Conservation District and is subject to the requirements of Ordinance No. G61-07; and WHEREAS, written application has been made to amend PRC Planned Residence Conservation District Ordinance G61-07 to add “community gardens” to the list of permitted uses; and WHEREAS, the zoning lot containing the property commonly referred to as 111 N. Channing Street, 468 Division Street, and a portion of 472 Division Street is legally described within Ordinance No. G61-07 (and hereinafter referred to as the “Subject Property”); and VOLUME LXXXIV MAY 8, 2019 191 WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 1, 2019 following due notice including 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 PRC Planned 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 April 1, 2019, 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. E. 2. of Ordinance No. G61-07, is hereby amended in its entirety to read as follows: 2. Municipal Services Division: Public parks, recreation, open space (UNCL), including but not limited to community gardens, provided the installation, use, and maintenance of community gardens are done in accordance with the terms and conditions of a lease agreement with, or other similar written authorization from, the City of Elgin Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G61-07. In the event of any conflict between this ordinance and Ordinance No. G61-07, this ordinance and associated documents shall control and prevail. MAY 8, 2019 VOLUME LXXXIV 192 Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2019 Passed: May 8, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: May 8, 2019 Published: May 10, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Committee of the Whole Minutes for April 10, 2019 City Council Minutes for April 10, 2019 Hotel / Motel Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Gavin, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:45 p.m. s/ Kimberly Dewis May 22, 2019 Kimberly Dewis, City Clerk Date Approved 193 VOLUME LXXXIV MAY 22, 2019 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 22, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:25 p.m. The Invocation was given by Pastor Pedro Gomez and the Pledge of Allegiance was led by Assistant City Manager Laura Valdez-Wilson. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Absent: Councilmember Shaw. MINUTES OF THE MAY 8, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the May 8, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Mental Health Month Proclamation Mayor Kaptain read the following proclamation: WHEREAS, Mental health is essential to everyone’s overall health and well-being with one in five adults experiencing a mental health problem in any given year; and WHEREAS, Suicide is the 10th leading cause of death in the United States, the 2nd leading cause among young adults and 90% of people who die by suicide have an underlying mental illness; and WHEREAS, It is estimated that of those residents living in Kane County, 13.2 % report most days as being extremely or very stressful, 34.3% report having had three or more days of feeling sad, blue or depressed in the past month and almost 400 youth under the age of 18 were screened for a mental health emergency last year in the City of Elgin; and MAY 22, 2019 VOLUME LXXXIV 194 WHEREAS, Early identification and treatment can make a difference in successful management of mental illness and recovery so that community members can lead full, productive lives; and WHEREAS, Every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help and public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May as Mental Health Month and call upon the citizens, government agencies, public and private institutions, businesses and schools in Elgin to recommit our city to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health and the need for appropriate and accessible services for all people with mental health conditions. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of May, 2019. David J. Kaptain Mayor National Public Works Week Proclamation Mayor Kaptain read the following 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 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. VOLUME LXXXIV MAY 22, 2019 195 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May 19 through May 25, 2019, 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 22nd day of May, 2019 David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT George Rawlinson commented on the passing of Jerry Bear, from Bear Family Restaurants, and the impact Mr. Bear had on the community. Ina Dews stated her concerns about towing practices in her neighborhood. There was discussion regarding the status of the city’s current towing contractors. BID 19-029 AWARDED TO CHICAGOLAND PAVING CONTRACTORS FOR BOWES CREEK COUNTRY CLUB CART PATH IMPROVEMENTS Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award the cart path improvements to Chicagoland Paving Contractors, in the amount of $27,000 in order to create a safe and efficient cart path system at Bowes Creek Country Club. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT AWARDED TO F. H. PASCHEN FOR CUPOLA REPAIRS AT LORDS PARK PAVILION Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve contract with F. H. Paschen in the amount of $68,850 for the repairs to the Lords Park pavilion. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. MAY 22, 2019 VOLUME LXXXIV 196 SUBURBAN PURCHASING COOPERATIVE AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF VEHICLES FOR THE BUILDING MAINTENANCE DEPARTMENT Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve a contract with Currie Ford in the amount of $66,018 for two Ford Transit 350 Vans and Roesch Ford in the amount of $22,133 for one Ford Transit Connect for the Building Maintenance Department in order to replace aging vehicles in the building maintenance department. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. SOURCEWELL PURCHASING COOPERATIVE AWARDED TO NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF A VEHICLE FOR THE PARKS AND RECREATION DEPARTMENT Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to National Auto Fleet Group for a 2019 Ford Super Duty F-550 Entourage 28 passenger bus with two wheelchairs in the amount of $95,993 in order to provide safe transportation for program participants in the parks and recreation department. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PETITION 16-19 APPROVED FOR 24 TYLER CREEK PLAZA FOR A CONDITIONAL USE PERMIT TO ESTABLISH A PHYSICAL FITNESS FACILITY WITHIN AN EXISTING COMMERCIAL SPACE Marc Mylott, Community Development Director, outlined Petition 16-19. The petition would grant a conditional use permit to allow a physical fitness facility. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve Petition 16-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PETITION 13-19 APPROVED FOR CITY WIDE – ZONING ORDINANCE TEXT AMENDMENT TO ALLOW PARKING OF CERTAIN COMMERCIAL VEHICLES AND RECREATIONAL VEHICLES (RVS) ON RESIDENTIAL PROPERTIES Marc Mylott, Community Development Director, provided an overview of Petition 13-19 to approve a text amendment to allow certain commercial and recreational vehicles on residential properties. Mr. Mylott outlined the changes to heavy weight vehicles, taxi cabs, and recreational vehicles. VOLUME LXXXIV MAY 22, 2019 197 Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to remove Petition 13-19 from the table for consideration and discussion. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Carl Missele provided a petition and photos. He then stated his concerns regarding the proposed changes to regulations for recreational vehicles. Fred Moulton stated his objections to the proposed changes to the regulations for recreational vehicles. Cheryl Jacob stated her support for the proposed changes to the regulations for recreational vehicles. Gail Yauch stated his objections to the proposed changes to the regulations for recreational vehicles. Steven Hallberg stated his support for the proposed changes to the regulations for recreational vehicles. Councilmember Powell made a motion, seconded by Councilmember Dixon, to separate the recreational vehicles changes from the large truck and taxi cab changes. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Councilmember Gavin made a motion to table the item until the full council was present. The motion died for lack of a second. There was discussion regarding the details of the proposed ordinance including the size of the recreational vehicle, if it was motorized, and enforcement procedures. Also discussed was the addition of a sunset provision in the ordinance and possible permitting fees. Councilmember Gavin made a motion, seconded by Councilmember Powell, to approve the portion of Petition 13-19 that amended the regulations for large trucks and taxi cabs in residential areas. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez. Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve the portion of Petition 13-19 that amended the regulations for recreational vehicles in residential areas and to include a sunset provision in the final ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Powell, Rauschenberger, and Steffen. Nays: Councilmembers Gavin, Martinez and Mayor Kaptain. MAY 22, 2019 VOLUME LXXXIV 198 CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt Resolution Nos. 19-78 through 19-82 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-78 ADOPTED AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING TO ACCEPT A GRANT FROM PREUSSER RESEARCH GROUP, INC. FOR DISTRACTED DRIVING STUDY Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-78 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING TO ACCEPT A GRANT FROM PREUSSER RESEARCH GROUP, INC. FOR DISTRACTED DRIVING STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Preusser Research Group, Inc. grant in the amount of $30,000.00 for a distracted driving study. 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 Memorandum of Understanding on behalf of the City of Elgin with Preusser Research Group, Inc. for distracted driving study, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 22, 2019 Adopted: May 22, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV MAY 22, 2019 199 RESOLUTION 19-79 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH AIR ONE EQUIPMENT, INC. FOR SELF-CONTAINED BREATHING APPARATUS UNITS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-79 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH AIR ONE EQUIPMENT, INC. FOR SELF-CONTAINED BREATHING APPARATUS UNITS 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 a Purchase Agreement on behalf of the City of Elgin with Air One Equipment, Inc. for self-contained breathing apparatus units, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 22, 2019 Adopted: May 22, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 22, 2019 VOLUME LXXXIV 200 RESOLUTION 19-80 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-80 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Grant Agreement with the Fox River Study Group for continued support of the Fox River Watershed Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 22, 2019 Adopted: May 22, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-81 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE ELGIN AREA CONVENTION OF VISITORS BUREAU FOR MARKETING SERVICES Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV MAY 22, 2019 201 Resolution No. 19-81 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE ELGIN AREA CONVENTION OF VISITORS BUREAU FOR MARKETING 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 Purchase of Services Agreement on behalf of the City of Elgin with the Elgin Area Convention of Visitors Bureau for tourism and marketing services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 22, 2019 Adopted: May 22, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-82 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH ELGIN CC, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AND BARTEL’S FARMING CORPORATION, A DELAWARE CORPORATION (MASON RD., ELGIN, ILLINOIS) Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. MAY 22, 2019 VOLUME LXXXIV 202 Resolution No. 19-82 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH ELGIN CC, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AND BARTEL’S FARMING CORPORATION, A DELAWARE CORPORATION (Mason Rd., Elgin, Illinois) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV MAY 22, 2019 203 Presented: May 22, 2019 Adopted: May 22, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, April 8, 2019 Emergency Telephone System Board, March 21, 2019 Heritage Commission – Design Review, February 12, March 12 and 26, 2019 Human Relations Commission, April 3, 2019 Parks and Recreation Board, February 26, 2019 Planning and Zoning Commission, March 4 and April 1, 2019 Retiree Health Insurance Board, February 4, 2019 Committee of the Whole, April 24, 2019 City Council Minutes, April 24, 2019 Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adjourn the meeting and return to the Committee of the Whole meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:56 p.m. s/ Kimberly Dewis June 12, 2019 Kimberly Dewis, City Clerk Date Approved 204 JUNE 12, 2019 VOLUME LXXXIV 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 June 12, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Minister Joe Green and the Pledge of Allegiance was led by Debra Nawrocki, Chief Financial Officer. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 22, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve the May 22, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Councilmember Shaw abstained. COMMUNICATIONS Alzheimer’s Awareness Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Alzheimer’s disease is an irreversible and progressive brain disease that slowly erodes precious memories, thinking skills and the ability to perform simple tasks; and WHEREAS, Alzheimer’s is the 6th leading cause of death in the United States with nearly two-thirds of those being women and every 66 seconds, someone develops Alzheimer’s and by 2050 someone will develop the disease every 33 seconds; and WHEREAS, worldwide, nearly 44 million people have Alzheimer’s or related dementia and in the United States there are 5.3 million people living with the disease and unless a cure is found, it is estimated that as many as 16 million will have the disease by 2050; and VOLUME LXXXIV JUNE 12, 2019 205 WHEREAS, the Alzheimer’s Association is the world’s leading voluntary health organization in Alzheimer’s care, support and research, with the vision of a world without Alzheimer’s disease; and WHEREAS, the Longest Day on June 20th is a sunrise-to-sunset event symbolizing the challenging journey of those living with the disease and their caregivers and offers everyone the opportunity to get involved in the fight. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim June Alzheimer’s Awareness Month and offers the City’s support to those living with Alzheimer’s disease and recognize those who care and provide for them and call upon our citizens to learn about Alzheimer’s disease and to support the individuals living with this disease and their caregivers. IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of June, 2019. s/David J. Kaptain Mayor Planning and Zoning Commissioners Recognition Mayor Kaptain recognized members Robert Siljestrom and Beth Kruger from the Planning and Zoning Commission. The Mayor and City Council thanked them for their years of service and dedication to the city. RECOGNIZE PERSONS PRESENT Bridgette Cho addressed the council regarding traffic issues in her neighborhood. These issues included leaving the neighborhood which is adjacent to Route 20 and Nessler Road. Jennifer Fukala announced the start of the Farmers Market and invited all to visit the market and encouraged those visiting to stay downtown for dinner. BID 19-023 AWARDED TO CORRECT DIGITAL DISPLAY FOR AN LED DIGITAL SIGN FOR THE EASTSIDE RECREATION CENTER Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve a contract with Correct Digital Display, Inc. in the amount of $27,032 to install a modular LED sign at the Eastside Recreation Center to allow staff to effectively communicate and market recreational programs, events and news to the community. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 12, 2019 VOLUME LXXXIV 206 BID 19-034 AWARDED TO SCHROEDER AND SCHROEDER, INC. FOR THE NEIGHBORHOOD SIDEWALK REPAIR PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve an agreement with Schroeder and Schroeder, Inc. in the amount of $134,393 to perform City-wide sidewalk repairs to maintain safe infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-037 AWARDED TO ALL SERVICE CONTRACTING CORPORATION FOR GAC FILTER MEDIA AND UNDERDRAIN REPLACEMENT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve a contract to All Service Contracting Corporation in the amount of $906,520 for GAC filter media and underdrain replacement in order to enhance the City’s water treatment by replacing aging and broken equipment. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR EDWARD SCHOCK CENTRE OF ELGIN LOBBY REMODEL Councilmember Steffen made a motion, seconded by Councilmember Dixon, to cancel the current Job Order Contract for the lobby work ($110,787) and approve a new contract with F. H. Paschen in the amount of $213,777 to renovate the lobby in the Edward Schock Centre of Elgin. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR EDWARD SCHOCK CENTRE OF ELGIN RESTROOM RENOVATION Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve a contract with F. H. Paschen in the amount of $306,824 to renovate the pool locker rooms and restrooms at the Edward Schock Centre of Elgin. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JUNE 12, 2019 207 JOINT PURCHASING COOPERATIVE CONTRACT APPROVED WITH KONE ELEVATOR FOR ELEVATOR UPGRADES Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a contract with Kone Elevator in the amount of $103,699 to upgrade elevators to provide safer and more dependable operation in multiple buildings owned by the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SUBURBAN PURCHASING COOPERATIVE CONTRACTS APPROVED WITH VARIOUS VENDORS FOR THE PURCHASE OF PUBLIC SERVICES VEHICLES Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve contracts with Roesch Ford for the purchase of six, 2019 Ford F350 pickup trucks in the amount of $211,781 and Currie Commercial Center for the purchase of one cargo van in the amount of $26,410, totaling $238,191 in order to replace vehicles to ensure core services related to infrastructure maintenance and department programming are carried out efficiently. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 48-18 AND 49-18 APPROVED FOR 807 S. RANDALL ROAD, FOR A MAP AMENDMENT TO PLANNED DEVELOPMENT WITH PRELIMINARY AND FINAL PLAT OF SUBDIVISION TO CONSTRUCT A NEW RESTAURANT AS AN OUT LOT IN FRONT OF MEIJER STORE Marc Mylott, Community Development Director, outlined Petitions 48-18 and 49-18. The petition would grant a map amendment to a planned development to construct a new restaurant. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. There was discussion regarding the current traffic patterns and the how this project would impact the traffic flow. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petitions 48-18 and 49-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 12, 2019 VOLUME LXXXIV 208 PUBLIC HEARING FOR PETITIONS 33-18, 36-18, 37-18 AND 53-18 – 1620 VILLA STREET, AN APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PLANNED DEVELOPMENT AS A MAP AMENDMENT, CONDITIONAL USE, PRELIMINARY AND FINAL PLAT OF SUBDIVISION TO CONSTRUCT A NEW CAR WASH FACILITY Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, outlined Petitions 33-18, 36-18, 37-18 and 53- 18 for the location at 1620 Villa Street. The petitions would approve an annexation agreement, and amendment to the planned development as a map amendment, a conditional use, and preliminary plat and final plat of subdivision to construct a new car wash. He outlined the water and sewer line plans and traffic study. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. There was discussion regarding the access points to the property and the traffic study. Rich Kane addressed the council with his concerns about the impact this project would have on the traffic in the area Mayor Kaptain declared the public hearing closed. PETITIONS 33-18, 36-18, 37-18 AND 53-18 APPROVED FOR 1620 VILLA STREET, FOR AN ANNEXATION AGREEMENT, PLANNED DEVELOPMENT AS A MAP AMENDMENT, CONDITIONAL USE, PRELIMINARY AND FINAL PLAT OF SUBDIVISION TO CONSTRUCT A NEW CAR WASH FACILITY Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve Petitions 33-18, 36-18, 37-18 and 53-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-90 ADOPTED REAPPOINTING KIMBERLY A. DEWIS AS CITY CLERK OF THE CITY OF ELGIN, ILLINOIS Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JUNE 12, 2019 209 Resolution No. 19-90 RESOLUTION REAPPOINTING KIMBERLY A. DEWIS AS CITY CLERK OF THE CITY OF ELGIN, ILLINOIS WHEREAS, Kimberly A. Dewis has heretofore been appointed City Clerk of the City of Elgin, Illinois; and WHEREAS, the Mayor and members of the City Council concur in the reappointment of Kimberly A. Dewis as City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kimberly A. Dewis be and is hereby reappointed to the office of City Clerk of the City of Elgin with all power, authority and duty of the office of City Clerk, as established by the statutes of the State of Illinois and ordinances of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 12, 2019 Adopted: June 12, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-91 ADOPTED REAPPOINTING DEBRA NAWROCKI AS CITY TREASURER OF THE CITY OF ELGIN, ILLINOIS Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 12, 2019 VOLUME LXXXIV 210 Resolution No. 19-91 RESOLUTION REAPPOINTING DEBRA NAWROCKI AS CITY TREASURER OF THE CITY OF ELGIN, ILLINOIS WHEREAS, Debra Nawrocki has heretofore been appointed City Treasurer of the City of Elgin, Illinois; and WHEREAS, the Mayor and members of the City Council concur in the reappointment of Debra Nawrocki as City Treasurer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Debra Nawrocki be and is hereby reappointed to the office of City Treasurer of the City of Elgin with all power, authority and duty of the office of City Treasurer, as established by the statutes of the State of Illinois and ordinances of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 12, 2019 Adopted: June 12, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G22-19 PASSED AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” AND TITLE 11 ENTITLED “VEHICLES AND TRAFFIC” REGARDING THE PARKING OF CERTAIN SIZED COMMERCIAL VEHICLES AND TAXICABS Councilmember Powell made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Martinez. VOLUME LXXXIV JUNE 12, 2019 211 Ordinance No. G22-19 AN ORDINANCE AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" AND TITLE 11 ENTITLED "VEHICLES AND TRAFFIC" REGARDING THE PARKING OF CERTAIN SIZED COMMERCIAL VEHICLES AND TAXICABS WHEREAS, a written application has been made to amend Chapter 19.45.065 of the Elgin Zoning Ordinance entitled "Commercial Vehicles Prohibited"; and WHEREAS, the Planning and Zoning Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written findings and recommendation that the requested amendments be granted in part and denied in part; and WHEREAS, the City Council concurs with the findings and recommendation of the Community Development Department and the Planning and Zoning Commission regarding that portion of the written application that pertains to the gross vehicular weight rating of a commercial vehicle and to the exception provided for parking a taxi cab; and WHEREAS, the City Council disagrees with the findings and recommendation of the Community Development Department and the Planning and Zoning Commission regarding that portion of the written application that pertains to the temporary parking of a recreational vehicle; 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, regulations in the city's zoning ordinance relating to parking of commercial vehicles, pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts that part of the Recommendation and Findings of Fact related to the gross vehicular weight rating of a commercial vehicle and to the exception provided for parking a taxi cab, dated April 1, 2019, made by 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 19.45.065.B. of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended to read as follows: JUNE 12, 2019 VOLUME LXXXIV 212 "B. Definitions: For the purposes of this section 19.45.065, whenever any of the following words, terms or phrases are used they shall have the meanings ascribed to them as follows: COMMERCIAL VEHICLE: A "motor vehicle" [SR] having attributes or characteristics that meet or satisfy any of the following conditions: 1. The vehicle has a state of Illinois license plate designation indicating a weight classification in excess of twelve thousand (12,000) pounds, said designations being as follows: F (12,001 - 16,000 pounds); H (16,001 - 26,000 pounds); J (26,001 - 28,000 pounds); K (28,001 - 32,000 pounds); L (32,001 - 36,000 pounds); N (36,001 - 40,000 pounds); P (40,001 - 45,000 pounds); Q (45,001 - 50,000 pounds); R (50,001 - 54,999 pounds); S (55,000 - 59,500 pounds); T (59,501 - 64,000 pounds); V (64,001 - 73,280 pounds); X (73,281 - 77,000 pounds); and Z (77,001 - 80,000 pounds). 2. The vehicle has a state of Illinois license plate bearing one of the following designations: BM (municipal bus); CM (commuter van); VOLUME LXXXIV JUNE 12, 2019 213 CN (conservation truck/truck tractor); CR (ceremonial); CV (charitable vehicle) for second division vehicles; D through Z (flat weight truck/truck tractor - all weight classifications); DE (driver education); DL (dealer); EV (exempt vehicle); FH (funeral home); FM (farm machinery); FS (fertilizer spreader); FT (farm fertilizer); IT (transporter); LY (livery); MC (medical carrier); MD through MZ (mileage tax truck/truck tractor - all weight classifications); MFR (manufacturer); PM (permanently mounted equipment); PT (public transportation); RV (recreational vehicle); SB (school bus); TW (tow truck); TX (taxicab); VF through VZ (farm truck/truck tractor - all weight classifications); JUNE 12, 2019 VOLUME LXXXIV 214 Ambulance; Apportioned - P (apportioned truck and truck tractor); Apportioned - W (apportioned tow truck); or Repossessor. 3. The vehicle has an out of state license plate but is of a type that would require any of the state of Illinois license plate designations listed herein. 4. The vehicle has a gross vehicular weight rating in excess of twelve thousand (12,000) pounds. 5. The vehicle is designed to transport ten (10) or more persons. GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle. Trailers shall include, without limitation, semitrailers, farm trailers, pole trailers, recreational vehicle trailers, campers, camping trailers, pop ups, trailer coaches, travel trailers and utility trailers." Section 3. That Section 19.45.065.C. of the Elgin Municipal Code, 1976, as amended, entitled "Residential Districts" be and is hereby amended to read as follows: C. Residential Districts: 1. No commercial vehicle shall be parked, kept, or stored at any time on a "zoning lot" [SR] located within a residence conservation district or a residence district, or on any "zoning lot" [SR] having a residential use as its "principal use" [SR], or having a residential building or structure as its "principal building" [SR]. 2. Exceptions: The prohibition on the parking of commercial vehicles provided for in this subsection 19.45.065.C. shall not apply to: a. Commercial vehicles parked between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., when such commercial vehicles are parked for the purpose of delivering or collecting persons, materials or merchandise, or for the purpose of performing VOLUME LXXXIV JUNE 12, 2019 215 a service on the "zoning lot" [SR] on which the commercial vehicle is parked; b. The services or operations of any governmental unit, public utility or any such activities performed on behalf of any such governmental unit or public utility; or c. No more than one (1) “motor vehicle” [SR] with state of Illinois TX (taxicab) license plates provided said “motor vehicle” [SR] is parked upon a “zoning lot” [SR] which contains the primary residence of the owner or lessee of said “motor vehicle” [SR]." Section 4. That Section 11.60.130 of the Elgin Municipal Code, 1976, as amended, entitled "Parking of Commercial or Recreational Vehicles, Trailers or Truck Tractors Restricted:" be and is hereby further amended by amending subparagraph A thereof to read as follows: "A. No commercial vehicle, trailer or truck tractor with a gross vehicle weight or registered weight of twelve thousand (12,000) pounds or more shall be permitted to be parked on any public street or any municipally owned parking lot for a longer period than two (2) hours." Section 5. That Section 11.60.135 of the Elgin Municipal Code, 1976, as amended, entitled "Parking of Commercial Vehicles Prohibited:" be and is hereby further amended by amending subparagraph B thereof entitled "Definitions" to read as follows: "B. Definitions: For the purposes of this section, whenever any of the following words, terms or phrases are used they shall have the meanings ascribed to them as follows: COMMERCIAL VEHICLE: A motor vehicle [SR] having attributes or characteristics that meet or satisfy any of the following conditions: 1. The vehicle has a state of Illinois license plate designation indicating a weight classification in excess of twelve thousand (12,000) pounds, said designations being as follows: F (12,001 - 16,000 pounds); H (16,001 - 26,000 pounds); J (26,001 - 28,000 pounds); K (28,001 - 32,000 pounds); L (32,001 - 36,000 pounds); JUNE 12, 2019 VOLUME LXXXIV 216 N (36,001 - 40,000 pounds); P (40,001 - 45,000 pounds); Q (45,001 - 50,000 pounds); R (50,001 - 54,999 pounds); S (55,000 - 59,500 pounds); T (59,501 - 64,000 pounds); V (64,001 - 73,280 pounds); X (73,281 - 77,000 pounds); and Z (77,001 - 80,000 pounds). 2. The vehicle has a state of Illinois license plate bearing one of the following designations: BM (municipal bus); CM (commuter van); CN (conservation truck/truck tractor); CR (ceremonial); CV (charitable vehicle) for second division vehicles; D through Z (flat weight truck/truck tractor - all weight classifications); DE (driver education); DL (dealer); EV (exempt vehicle); FH (funeral home); FM (farm machinery); FS (fertilizer spreader); FT (farm fertilizer); VOLUME LXXXIV JUNE 12, 2019 217 IT (transporter); LY (livery); MC (medical carrier); MD through MZ (mileage tax truck/truck tractor - all weight classifications); MFR (manufacturer); PM (permanently mounted equipment); PT (public transportation); RV (recreational vehicles); SB (school bus); TW (tow truck); TX (taxicab); VF through VZ (farm truck/truck tractor - all weight classifications); Ambulance; Apportioned - P (apportioned truck and truck tractor); Apportioned - W (apportioned tow truck); or Repossessor. 3. The vehicle has an out of state license plate but is of a type that would require any of the state of Illinois license plate designations listed herein. 4. The vehicle has a gross vehicular weight rating in excess of twelve thousand (12,000) pounds. 5. The vehicle is designed to transport ten (10) or more persons. GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle." JUNE 12, 2019 VOLUME LXXXIV 218 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: June 12, 2019 Passed: June 12, 2019 Vote: Yeas: 7 Nays: 2 Recorded: June 12, 2019 Published: June 14, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G23-19 DISCUSSION CONTINUED REGARDING AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” REGARDING THE TEMPORARY PARKING OF RECREATIONAL VEHICLES Carl Missele stated the reasons that he was not in favor of the municipal code change allowing recreational vehicles. There was discussion regarding current practices of allowing for the loading and unloading of recreational vehicles. Councilmember Dixon made a motion, seconded by Councilmember Powell, to amend the proposed ordinance by limiting the number of instances, instituting a fine for violations, and having a sunset clause to the final regulations. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Martinez and Shaw. The motion was approved. The draft ordinance reflecting these amendments would be presented at the next city council meeting. VOLUME LXXXIV JUNE 12, 2019 219 ORDINANCE G24-19 PASSED PROVIDING FOR AN AMENDED ORDINANCE REGARDING STORING PERSONAL PROPERTY ON PUBLIC PROPERTY AND AMENDING CHAPTER 10.35 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO SITTING OR LYING ON SIDEWALKS IN THE CENTER CITY BUSINESS DISTRICT Laura Valdez-Wilson, Assistant City Manager, provided details regarding how this program would be implemented and communications with those impacted. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G24-19 AN ORDINANCE PROVIDING FOR AN AMENDED ORDINANCE REGARDING STORING PERSONAL PROPERTY ON PUBLIC PROPERTY AND AMENDING CHAPTER 10.35 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO SITTING OR LYING ON SIDEWALKS IN THE CENTER CITY BUSINESS DISTRICT WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each municipality may define, prevent and abate nuisances; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City of Elgin has observed an increase in the number of incidents relating to persons storing personal property on property owned by the city including, but not limited to, in city parking garages; and WHEREAS, public property should be accessible and available to residents and the public at large for its intended uses and the unauthorized use of public property for the storage of personal property interferes with the rights of others of the public to use public property for its intended purposes and can create a public health and safety hazard that adversely affects residential and commercial areas; and WHEREAS, the City Council has determined that in order to protect the public health, safety and welfare and to preserve the use of public property for its intended purposes that amended regulations regarding storing personal property on public property are necessary; and WHEREAS, the regulations provided for in this ordinance relating to the use of city owned property pertain to the government and affairs of the City of Elgin. JUNE 12, 2019 VOLUME LXXXIV 220 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new Chapter 10.34 thereto entitled "Storing Personal Property on Public Property" to read as follows: "CHAPTER 10.34 STORING PERSONAL PROPERTY ON PUBLIC PROPERTY 10.34.010: PURPOSE AND INTENT: Public property should be accessible and available to residents and the public at large for its intended uses. The unauthorized use of public property for the storage of personal property interferes with the rights of other members of the public to use public property for its intended purposes and can create a public health and safety hazard that adversely affects residential and commercial areas. The purpose of this chapter is to maintain public areas in clean, sanitary and accessible condition, to prevent harm to the health or safety of the public, to prevent the misappropriation of public property for personal use, and to promote the public health, safety and general welfare by insuring the public property remains readily available for its intended uses. 10.34.020: DEFINITIONS: PERSONAL PROPERTY: means any and all tangible property, includes, but not limited to, items, goods, materials, merchandise, furniture, equipment, fixtures, structures, clothing, and household items. The term shall not include any vehicle as defined in the Illinois Vehicle Code. PUBLIC PROPERTY: means any property that is owned, managed or maintained by the City of Elgin, and shall include, but not be limited to, any street, sidewalk, median, space, ground, mall, building, structure, parking lot, parking structure, public park, and any other property of the city. 10.34.030: STORING OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED: A. No person shall store, accumulate, mass together or maintain personal property on public property. All storage of personal property may be impounded by the city. In the event personal property placed on public property interferes with the safe or orderly management of the premises or poses a threat to the health, safety, or welfare of the public, it may be impounded at any time by the city. VOLUME LXXXIV JUNE 12, 2019 221 B. Personal property placed on public property shall be deemed to be stored personal property if it has not been removed from public property within twenty-four (24) hours of service of the written notice required by Section 10.34.040, which requires such removal, and the city may cause the removal or impoundment of such stored personal property, provided that moving the personal property to another location on public property shall not be considered removing the personal property from public property, and provided further that this Section shall not apply to personal property that pursuant to statute, ordinance, permit, regulation or other authorization by the city is placed on property that is owned or controlled by the city. 10.34.040: NOTICE: A. The written notice required to be served by Section 10.34.030B shall be deemed to have served if a copy of the written notice is served on the person storing the personal property or is posted prominently and conspicuously on the stored personal property. The written notice shall contain the following: 1. A description of the personal property to be removed (such description may refer to an attached photograph). 2. The location of the personal property. 3. The date and time the notice was posted. 4. The section of the Elgin Municipal Code that is being violated. 5. A statement that the personal property will be impounded if not removed within twenty-four (24) hours. 6. The location where the removed property will be stored. 7. A statement that impounded property will be sold or otherwise disposed of if not claimed within thirty (30) days after impoundment. 8. A statement that the property owner shall be responsible for all costs of removal, storage and disposal. B. If a shopping cart is removed and impounded pursuant to this chapter the city shall attempt to notify the retail establishment which owns such shopping cart of the location where the shopping cart may be claimed. The owner or the owner's agent shall have three (3) business days from the date the city notifies such owner to retrieve the shopping cart without charge. If the owner or owner's agent fails to retrieve the shipping cart within three (3) business days, the shopping cart shall become impounded property as provided in Section 10.34.050, written notice shall be provided as provided in such section and the owner shall be subject to any JUNE 12, 2019 VOLUME LXXXIV 222 applicable fees and costs imposed pursuant to such section. Any shopping cart not reclaimed by the owner or owner's agent within thirty (30) days after the date of written notice may be disposed of as personal property valued at less than One Thousand Dollars ($1,000). 10.34.050: STORAGE AND DISPOSABLE: A. Impounded personal property shall be moved to a place of storage, and the owner shall be assessed, moving, storage and other related fees and costs. Additionally, the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property. B. At least thirty (30) days prior to the disposal of impounded personal property, the city shall have served notice in writing apprising the owner of the personal property of the description and location of the impounded personal property and the intent of the city to sell, donate, or otherwise dispose of the impounded property. Service of written notice shall be by personal service or by certified mail, return receipt requested, to the last known address of the owner of impounded property if the owner is known or can be determined. Where the identity or address of the owner is unknown or cannot be determined through the exercise of reasonable diligence, the notice shall be posted on the public property where the property was stored or seized. C. If any item of impounded personal property has an estimated value of One Thousand Dollars ($1,000) or more, the city shall also give public notice in a daily newspaper of the city a notice of sale of public auction of such property describing in general terms and shall give notice that if such property is not claimed by the rightful owner or owners thereof within ten (10) days from the date of such publication such property will be sold by public auction. Where no bid is received, the impounded personal property may be sold by negotiation, disposed of or sold as junk, kept by the city or donated to any other governmental agency or charitable organization. D. The requirement for public notice and public auction shall not apply when the estimated value of the impounded personal property is less than One Thousand Dollars ($1,000). In that event, the impounded personal property may be sold by negotiation, disposed of or sold as junk, kept by the city or donated to any other governmental agency or charitable organization. E. Any impounded personal property which is deemed unsafe, hazardous or perishable may be disposed of immediately in any manner without notice after impoundment by the city. Unsafe, hazardous or perishable personal property will be deemed to include, but not be limited to, used syringes, garbage, trash, items soiled with bodily fluids or other biohazards, items for personal hygiene and food. VOLUME LXXXIV JUNE 12, 2019 223 F. The city shall maintain a record of the date and method of disposable of the impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one (1) year from the date of disposal of the property. 10.34.060: PROCEEDS OF SALE: All fees and unpaid rent, debts and charges owing and all expenses of handling, storage, appraisal, advertising, and other sale expenses incurred by the city shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be held in trust for the owner of the property for thirty (30) days after the sale, at which time the proceeds shall be paid into the general fund. 10.34.070: REPOSSESSION: The owner or any person entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rents, debts, and charges owing and all handling, storage, appraisal, advertising, and all other expenses incurred by the city in connection with the proposed disposal of the impounded property. 10.34.080: CITY NOT LIABLE: The City of Elgin, its officials, officers, employees, and agents shall not be liable to the owner of impounded personal property because of any disposal of property made pursuant to this chapter. The remedies available to the owner of impounded personal property are limited to those provided in this chapter. 10.34.090: SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall for any reason be judged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included." JUNE 12, 2019 VOLUME LXXXIV 224 Section 2. That Chapter 10.35 of the Elgin Municipal Code, 1976, as amended, entitled "Sitting/Lying on Sidewalks or Storing Personal Property on Public Property in the Center City Business District Prohibited" be and is hereby further amended to read as follows: "Chapter 10.35 SITTING/LYING ON SIDEWALKS IN THE CENTER CITY BUSINESS DISTRICT PROHIBITED 10.35.010: DEFINITIONS: As used in this chapter, unless the context otherwise requires: 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. SIDEWALK: An improved walkway intended primarily for pedestrians, usually running parallel to one or both sides of the pavement of a street and public transit waiting areas located within the public right of way. 10.35.020: SITTING/LYING ON SIDEWALKS PROHIBITED: It is unlawful for any person, after having been notified by a law enforcement officer of the prohibition in this section, to sit or lie down upon a public sidewalk or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, in the center city business district. 10.35.030: EXCEPTIONS: The prohibition regarding sitting/lying on sidewalks in the center city business district of section 10.35.020 of this chapter shall not apply if: A. Sitting or lying down on a public sidewalk is due to a medical emergency; or B. As a result of age, infirmity or disability a person utilizes a wheelchair, walker, stroller, or similar device to move about a public sidewalk; or C. The person is operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use or similar permit; or VOLUME LXXXIV JUNE 12, 2019 225 D. A person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on a public sidewalk pursuant to a street use or other applicable permit; or E. The person is sitting on a chair or bench located on the public sidewalk which is supplied by a public or private agency or by the abutting private property owner; or F. The sitting or lying is while waiting in an orderly line for entry to any building, including shelters, or awaiting social services such as provision of meals; or outside a box office to purchase tickets to any sporting event, concert, performance, or other special event if not impeding pedestrians from using the sidewalk or entering a door or other entrance along the sidewalk; or G. A child who is in a stroller; or H. The sitting or lying on a sidewalk is an integral part of a person then engaging in constitutionally protected expressive activities which would otherwise be restricted by the prohibition in section 10.35.020 of this chapter, if not impeding pedestrians from using the sidewalk or entering a door or other entrance along the sidewalk. 10.35.040: PENALTY FOR VIOLATION: A. First Offense: Any person found guilty of violating any provision of this chapter shall be fined not less than one hundred dollars ($100.00) for the first offense. B. Second Offense: Any person found guilty of violating any provision of this chapter for the second time within any one year period shall be fined not less than two hundred fifty dollars ($250.00). C. Third and Subsequent Offense: Any person found guilty of violating any provision of this chapter for the third time, or any subsequent time thereafter, within any one year period shall be fined not less than five hundred dollars ($500.00)." Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 12, 2019 VOLUME LXXXIV 226 Presented: June 12, 2019 Passed: June 12, 2019 Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2019 Published: June 14, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G19-19 through G21-19 and adopt Resolution Nos. 19-83 through 19-89 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G19-19 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2600 MASON ROAD) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G19-19 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2600 Mason Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. VOLUME LXXXIV JUNE 12, 2019 227 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of the East Half of the Southwest Quarter of Section 30, Township 42 North, Range 8, East of the Third Principal Meridian, lying Southerly of land acquired by the Illinois State Toll Highway Commission by Proceedings filed in the Circuit Court of Kane County, Illinois as Case No. 56-1213 in the Township of Dundee, Kane County, Illinois. (commonly known as 2600 Mason Road). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 12, 2019 Passed: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2019 Published: June 14, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G20-19 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2600 MASON ROAD) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 12, 2019 VOLUME LXXXIV 228 Ordinance No. G20-19 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2600 Mason Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PORI Planned Office Research Industrial District; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on April 1, 2019 concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and 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 classifying certain territory in the PORI Planned Office Research 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 April 1, 2019, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District the following described property: VOLUME LXXXIV JUNE 12, 2019 229 That part of the East Half of the Southwest Quarter of Section 30, Township 42 North, Range 8, East of the Third Principal Meridian, lying Southerly of land acquired by the Illinois State Toll Highway Commission by Proceedings filed in the Circuit Court of Kane County, Illinois as Case No. 56-1213 in the Township of Dundee, Kane County, Illinois. (commonly known as 2600 Mason Road). Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60 “Planned Developments”, of the Elgin Municipal Code, as amended. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended, unless a departure has been granted by the City Council. D. Zoning Districts; Generally. In this PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended, unless a departure has been granted by the City Council. E. Location and Size of District. PORI Planned Office Research Industrial Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PORI District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. JUNE 12, 2019 VOLUME LXXXIV 230 A. Permitted Uses. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PORI Planned Office Research Industrial District: 1. Municipal services division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2. Offices division: "Offices" [SR] (UNCL). 3. Finance, insurance, and real estate division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 4. Services division: Advertising (731). Carpet and upholstery cleaning agents without plants on the premises (7217). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Home healthcare services (808). VOLUME LXXXIV JUNE 12, 2019 231 "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). Photofinishing laboratories (7384). Professional sports operators and promoters (7941). Refrigerator and air conditioning service and repair (7623). Reupholstery and furniture repair (764). JUNE 12, 2019 VOLUME LXXXIV 232 Security systems services (7382). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Vocational schools (824). Watch, clock, and jewelry repair (763). 5. Retail trade division: Automatic merchandising machine operators (5962). Catalog and mail order houses (5961). Direct selling establishments (5963). 6. Agricultural division: Crop services (072). Farm labor and management services (076). Landscape counseling and planning (0781). Soil preparation services (071). 7. Construction division: "Contractor's office and equipment areas" [SR] (UNCL). General warehousing and storage, but not including "warehousing, self- storage" (4225). 8. Manufacturing division: Apparel and other finished products made from fabrics and similar materials (23). Computer and office equipment (357). Electronic and other electrical equipment and components (36). VOLUME LXXXIV JUNE 12, 2019 233 Fabricated metal products (34). Furniture and fixtures (25). Industrial and commercial machinery and equipment (35). Leather and leather products (31). Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). Primary metal industries (33). Printing, publishing, and allied industries (27). Stone, clay, glass and concrete products (32). Tobacco products (21). Transportation equipment (37). 9. Wholesale trade division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Chemicals and allied products (516). Drugs, drug proprietaries and druggists' sundries (512). Electrical goods (506). Farm product raw materials (515). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Lumber and other construction materials (503). Machinery, equipment, and supplies (508). JUNE 12, 2019 VOLUME LXXXIV 234 Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Petroleum and petroleum products (517). Professional and commercial equipment and supplies (504). 10. Transportation, communication and utilities division: "Accessory solar energy systems" [SR]. "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antenna tower" [SR] (UNCL). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731), including but not limited to fulfillment centers (including so-called last-mile fulfillment centers involving both warehousing and package delivery). Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). Natural gas transmission and distribution (4922) (4924). Packing and crating (4783). VOLUME LXXXIV JUNE 12, 2019 235 "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). "Utility scale solar energy systems" [SR]. "Wind energy conversion system towers" [SR]. "Wind energy conversion systems" [SR]. 11. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI office research industrial district, subject to the provisions of Section 19.12.500 “Accessory Structures and Buildings”, of the Elgin Municipal Code, as amended. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PORI Planned Office Research Industrial District, subject to the provisions of Section 19.10.400 “Permitted, Conditional, and Similar Land Uses”, of the Elgin Municipal Code, as amended. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PORI Planned Office Research Industrial District, subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. "Parking lots" [SR] (UNCL), including but not limited to truck and trailer JUNE 12, 2019 VOLUME LXXXIV 236 parking, exclusively “accessory” [SR] to a permitted use allowed in the PORI Planned Office Research Industrial District, subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PORI Planned Office Research Industrial District, subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PORI Planned Office Research Industrial District: 1. Agriculture division: "Medical cannabis cultivation center" [SR]. 2. Municipal services division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. 3. Public administration division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 4. Services division: Armored car service (7381). Carpet or rug cleaning, dyeing, or repairing plants (7217). Child daycare services (835). Dry cleaning plants (7216). VOLUME LXXXIV JUNE 12, 2019 237 Industrial launderers (7218). "Medical cannabis dispensing organization" [SR]. Power laundries (7211). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). 5. Retail trade division: Carryout restaurants (5812). Drinking places (alcoholic beverages) (5813). Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL). 6. Mining division: "Temporary mining" [SR] (UNCL). 7. Manufacturing division: Chemicals and allied products (28). Food and kindred products (20). Lumber and wood products (24). Paper and allied products (26). Rubber and miscellaneous plastics products (30). Textile mill products (22). 8. Transportation, communication and utilities division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). JUNE 12, 2019 VOLUME LXXXIV 238 "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Public warehousing and storage (422). Railroad tracks (401). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 9. Miscellaneous uses division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PORI Planned Office Research Industrial District, subject to the provisions of section 19.12.500 “Accessory Structures and Buildings”, of the Elgin Municipal Code, as amended. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PORI Planned Office Research Industrial District, subject to the provisions of section 19.10.400 “Permitted, Conditional, and Similar Land Uses”, of the Elgin Municipal Code, as amended. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. "Parking structures" [SR], subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 “Planned Developments”, of the Elgin Municipal Code, as amended. VOLUME LXXXIV JUNE 12, 2019 239 C. Similar Uses. The following enumerated “land uses” [SR] shall be subject to classification as a permitted use or as a conditional use in this PORI Planned Office Research Industrial District, or in a less restrictive zoning district, pursuant to subsection 19.10.400 H of the Elgin Municipal Code, as amended: 1. Services division: Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Manufacturing division: Miscellaneous manufacturing industries (39). 3. Transportation, communication and utilities division: Transportation services not elsewhere classified (4789). G. Site Design. In this PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site Design”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. General Conditions. 1) Substantial conformance to the Development Application submitted by CHI Development Operating, L.L.C., as applicant, and Bartel’s Farming Corporation, as property owner, received February 15, 2019, and supporting documents including: a. Undated Rider Statement of Purpose and Conformance Map Amendment for Planned Development District (over 2 acres), received March 26, 2019, with the exception of any reference to “Sidewalk Plan dated March 26, 2019”; JUNE 12, 2019 VOLUME LXXXIV 240 b. ALTA/NSPS Land title Survey, prepared by Haeger Engineering, dated February 28, 2019, last revised March 15, 2019; c. Preliminary Topographic Survey Exhibit 40, prepared by Haeger Engineering, dated December 21, 2018; d. Site Plan Sheet A1.1-A, prepared by Harris Architects Inc., dated February 15, 2019, last revised April 30, 2019, with such further revisions as required by Community Development Director; e. Three building elevation sheets all titled A2.0-A, A2.0-B, and A2.0-C, prepared by Harris Architects, Inc., dated February 15, 2019, last revised April 30, 2019, with such further revisions as required by Community Development Director; f. Signage plans, including three sheet titled A1.1-A, A1.1-B, and A1.1-C, and three building elevation sheets titled A2.0-A, A2.0-B, and A2.0-C, prepared by Harris Architects, Inc., dated February 15, 2019, last revised April 30, 2019, and Single Face Illuminated Monument Sign plans Option A and Option B and Single Face Illuminated Directional Sign plan, prepared by Parvin-Clauss Sign Company, dated March 13, 2019, last revised May 7, 2019, with such further revisions as required by Community Development Director; g. Plat of Annexation to the City of Elgin, prepared by Haeger Engineering, dated February 14, 2019, with such further revisions as required by City Engineer; h. Plat of Dedication for a portion of Alft Ln, prepared by Haeger Engineering, dated April 22, 2019, with such further revisions as required by City Engineer; i. Plat of subdivision titled “Final Plat of Crow Commerce Center in Elgin”, prepared by Haeger Engineering, dated March 15, 2019, last revised June 6, 2019, with such further revisions as required by City Engineer; j. Site Photometric Plan, prepared by Jan Electric, dated February 15, 2019, last revised March 22, 2019, with such further revisions as required by Community Development Director; k. Alft Lane Extension landscape plan, prepared by Wingren Landscape, dated March 15, 2019, with such further revisions as required by Community Development Director; l. Final Landscape Plans, Sheets L1-L6, prepared by Wingren Landscape, dated February 15, 2019, last revised May 13, 2019, with such further revisions as required by Community Development Director; m. Final Engineering Plans Crow Commerce Center – Elgin NE of Alft Ln. & Mason Rd. Elgin, Illinois 60124, prepared by Kimley Horn, dated February 15, 2019, last revised April 30, 2019, with such further revisions as required by City Engineer; n. Alft Lane Extension Roadway Improvement Plans Section 30 Township 42 North Range 8 East Elgin, Illinois, prepared by Haeger Engineering, dated July 20, 2018, last revised April 19, 2019, with such further revisions as required by City Engineer; VOLUME LXXXIV JUNE 12, 2019 241 o. A stormwater management easement for the benefit of the City over a portion of the property immediately west of the Subject Property and bearing Kane County tax parcel identification number 03-30-300-009 (the "Plote Parcel") relating to drainage from the Subject Alft Lane Improvement, in a form as required by the City Engineer and as approved by the Corporation Counsel. 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) A departure is hereby granted to allow the installation of stormwater detention facilities with a 3:1 side slopes. 3) A departure is hereby granted to allow the maximum allowable water level fluctuation (bounce) within a stormwater detention of 8.5 feet. 4) Compliance with all applicable codes and ordinances. 5) Reasonable modifications to the final engineering plans on which the Final Plat was based (the “Final Engineering Plans”) to solve engineering, layout and/or design problems not reasonably foreseeable at the time of the execution of the Annexation Agreement, may be approved by the Development Administrator as “minor amendments” pursuant to Section 19.60.200 “Changes to Planned Developments”, of the Elgin Municipal Code, as amended, provided that such changes are in substantial conformance with the approved Final Engineering Plans and are approved by City Engineer. 6) The proposed Building C depicted on Site Plan, Sheet A1.1, prepared by Harris Architects Inc., dated February 15, 2019, may be reduced in size and repositioned as shown on Supplementary Site Plan, prepared by Kimley Horn, dated March 25, 2019, (or in any other substantially similar iteration) with associated parking and landscaping changes, and any other further revisions as required by Community Development Director. 7) The applicant may construct additional vehicle use areas for the purposes of establishing no more than 47 parking spaces for semi-trucks and/or semi-trailers north of Building “A” on Lot 1, and no more than 21 parking spaces for semi-trucks and/or semi-trailers north of Building “B” on Lot 2, subject to compliance with all requirements of this Ordinance and the Municipal Code, as amended. 2. Zoning Lots. In this PORI zoning district, “zoning lots” shall be subject to the provisions of Section 19.12.300 “Zoning Lots - Clarifications and Exceptions”, of the Elgin Municipal Code, as amended. JUNE 12, 2019 VOLUME LXXXIV 242 3. Lot Area. In this PORI zoning district, the minimum required “zoning lot area” shall be as follows: a. Limited Access Street: Where a zoning lot has frontage on a "limited access street" [SR], the minimum required lot area shall be one hundred twenty thousand (120,000) square feet. b. Collector Street: Where a zoning lot has frontage on a "major collector street" [SR] or on a "collector street" [SR], the minimum required lot area shall be eighty thousand (80,000) square feet. c. Local Street: Where a zoning lot has frontage on a "local street" [SR], the minimum required lot area shall be sixty thousand (60,000) square feet. 4. Lot Width. In the PORI zoning district, the minimum required lot width for a zoning lot shall be as follows: a. Limited Access Street: Where a zoning lot has frontage on a "limited access street" [SR], the minimum required lot width shall be three hundred (300) linear feet. b. Collector Street: Where a zoning lot has frontage on a "major collector street" [SR] or on a "collector street" [SR], the minimum required lot width shall be two hundred (200) linear feet. c. Local Street: Where a zoning lot has frontage on a "local street" [SR], the minimum required lot width shall be one hundred sixty (160) linear feet. 5. Setbacks - Generally. In this PORI zoning district, “setbacks” [SR] shall be subject to the provisions of Section 19.12.400 “Setbacks - Clarifications and Exceptions”, of the Elgin Municipal Code, as amended. 6. Setbacks by Lot Line. In this PORI zoning district, the minimum required “building setbacks” and “vehicle use area setbacks” from a “lot line” for a zoning lot shall be as follows: a. Building Setbacks. In this PORI zoning district, the minimum required “building setbacks” for a zoning lot shall be as follows: 1. Street Setback. The minimum required building street yard setback from a "street lot line" [SR] shall be as follows: From the Interstate 90 ROW 50 feet From Mason Road ROW 25 feet From the Alft Lane ROW 25 feet 2. Interior Setback. The minimum required building interior yard setback from an "interior lot line" [SR] shall be twenty (20) linear feet. b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required “vehicle use area setbacks” [SR] for a zoning lot shall be as follows: VOLUME LXXXIV JUNE 12, 2019 243 1. Street Setback. The minimum required vehicle use area setback from a street lot line shall be ten (10) linear feet, except on Lot 1 along Alft Lane. The minimum required vehicle use area setback from a street lot line along Alft Lane on Lot 1 of Crow Commerce Center in Elgin subdivision shall be four (4) feet. 2. Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be five (5) linear feet, except between Lot 1 and Lot 2 of Crow Commerce Center in Elgin subdivision where there shall be no minimum required vehicle use area setback from an interior lot line. 7. Accessory Structures and Buildings. In this PORI zoning district, “accessory structures and buildings” [SR] shall be subject to the provisions of Section 19.12.500 “Accessory Structures and Buildings”, of the Elgin Municipal Code, as amended. 8. Yards - Generally. In this PORI zoning district, a “street yard” [SR], a “side yard” [SR], a “rear yard” [SR], or a “transition yard” [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600 “Obstructions in Yards”, of the Elgin Municipal Code, as amended. 9. Landscape Yards: In this PORI zoning district, landscape yards shall be as follows: 1. Vehicle Use Area Landscape Yards: The yards established by vehicle use area setbacks shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Sections 19.45.110 “Access Driveways to a Public Right of Way”, and 19.45.120 “Size of Driveways”, of the Elgin Municipal Code, as amended. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700 “Landscaping”, of the Elgin Municipal Code, as amended. 2. Interior Landscape Yards: "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds five thousand (5,000) square feet in area, subject to the provisions of Section 19.12.700 “Landscaping”, of the Elgin Municipal Code, as amended, with the following departure: a. A departure is hereby granted to allow a continuous vehicle use area in excess of 20,000 square feet with no interior landscape yards. 10. Floor Area: In this PORI zoning district, the maximum “floor area” [SR] for a zoning lot shall be 70% of the zoning lot area. JUNE 12, 2019 VOLUME LXXXIV 244 11. Building Coverage: In this PORI zoning district, the maximum “building coverage” [SR] for a zoning lot shall be 55% of the zoning lot area. H. Off Street Parking. In this PORI Planned Office Research Industrial District, off- street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended, and shall be in substantial conformance with the following: 1. Required Number of Parking Stalls. The required number of parking stalls shall be subject to provisions of Chapter 19.45.080 “Table of Required Parking”, of the Elgin Municipal Code, as amended, except as follows: a. For Warehouse, storage, and distribution facilities, the number of parking spaces required shall be one parking stall per 1,500 square feet of floor area. 2. Collective Parking Facilities. Off street parking facilities for separate uses may be provided collectively, if the total number of stalls so provided is not less than the sum of the separate requirements of each "land use" [SR], and if all the regulations governing the location of accessory off street facilities in relation to the use served are observed. The off street parking facilities may be provided jointly or collectively within the property or on contiguous properties controlled by the owners of the zoning lots by written covenant or agreement between the owners of such zoning lots and adjacent properties. 3. A departure is hereby granted to allow the construction of "Parking Stalls" (SR) with minimum nine (9) linear feet in width by minimum eighteen (18) linear feet in length. I. Off Street Loading. In this PORI Planned Office Research Industrial District, off- street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. J. Signs. In this PORI Planned Office Research Industrial District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended, and shall be in substantial conformance with the following: 1. A departure is hereby granted to allow one subdivision monument graphic not to exceed 10 feet in height and 100 square feet in area. No other subdivision entrance graphics shall be allowed for Crow Commerce Center in Elgin subdivision. 2. A departure is hereby granted to allow the installation of a total of six directional graphics not to exceed seven feet in height and 30 square feet in area (not including the base) each. VOLUME LXXXIV JUNE 12, 2019 245 K. Nonconforming Uses and Structures. In this PORI Planned Office Research Industrial District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. L. Amendments. In this PORI Planned Office Research Industrial District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended M. Planned Developments. In this PORI Planned Office Research Industrial District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PORI zoning district. N. Conditional Uses. In this PORI Planned Office Research Industrial District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PORI zoning district. O. Variations. In this PORI Planned Office Research Industrial District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PORI zoning district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 12, 2019 VOLUME LXXXIV 246 Presented: June 12, 2019 Passed: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2019 Published: June 14, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-83 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR CROW COMMERCE CENTER IN ELGIN Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-83 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR CROW COMMERCE CENTER IN ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision for Final Plat of Crow Commerce Center in Elgin, prepared by Haeger Engineering, dated March 15, 2019, last revised June 6, 2019. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 12, 2019 Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JUNE 12, 2019 247 RESOLUTION 19-84 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A PORTION OF ALFT LANE (2600 MASON ROAD) Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-84 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PORTION OF ALFT LANE (2600 Mason Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain Plat of Dedication for a portion of Alft Lane prepared by Haeger Engineering., an Illinois Land Surveyor, and dated March 25, 2019, last revised May 31, 2019, for the property legally described as follows: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPLE MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID WEST HALF, THENCE NORTH 00 DEGREES 39 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF SAID WEST HALF, 803.84 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 38.00 FEET, AN ARC DISTANCE OF 30.67 FEET, THE CHORD OF SAID ARC HAVING A LENGTH OF 29.84 FEET AND A BEARING OF NORTH 23 DEGREES 22 MINUTES 54 SECONDS WEST; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 62.00 FEET, AN ARC DISTANCE OF 117.10 FEET TO THE EAST LINE OF AFORESAID WEST HALF, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.45 FEET AND A BEARING OF NORTH 07 DEGREES 36 MINUTES 08 SECONDS EAST; THENCE SOUTH 00 DEGREES 39 MINUTES 09 SECONDS WEST ALONG SAID EAST LINE, 126.97 FEET TO THE POINT OF BEGINNING, KANE COUNTY, ILLINOIS. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 12, 2019 VOLUME LXXXIV 248 Presented: June 12, 2019 Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-85 ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH GIFFORD PARK ASSOCIATION FOR USE OF LAND AS A COMMUNITY GARDEN (111 N. CHANNING STREET) Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-85 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH GIFFORD PARK ASSOCIATION FOR USE OF LAND AS A COMMUNITY GARDEN (111 N. Channing 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 a License Agreement on behalf of the City of Elgin with the Gifford Park Association for use of land as a community garden, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 12, 2019 Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JUNE 12, 2019 249 RESOLUTION 19-86 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT & DEDICATION FOR WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT PURPOSES FROM OASIS ON 20, INC. AND ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (3191 ROUTE 20, ELGIN, ILLINOIS) Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-86 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT & DEDICATION FOR WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT PURPOSES FROM OASIS ON 20, INC. AND ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (3191 Route 20, Elgin, Illinois) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement & Dedication from Oasis on 20, Inc. for watermain, sanitary sewer and stormwater management purposes for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement & Dedication to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and maintenance the following public improvements and appurtenances thereto located within the easements described in such plat of easement: 1,032 lineal feet of eight-inch watermain; one, eight-inch valve in 48-inch vault; four fire hydrants; 372 lineal feet of eight-inch sanitary sewer; 502 lineal feet of ten-inch sanitary sewer main; four, 48-inch sanitary manholes and all their respective appurtenances. The stormwater management easement being dedicated is reserved for and granted to the City of Elgin as may be deemed necessary for the purposes of performing aforementioned maintenance obligations should the owner fail to provide or perform such maintenance obligations however the City has no obligation to maintain the stormwater management facilities. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 12, 2019 VOLUME LXXXIV 250 Presented: June 12, 2019 Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-87 ADOPTED FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE APPROPRIATION OF 2019 MOTOR FUEL TAX FUNDS FOR ANNUAL ROADWAY MAINTENANCE PROGRAMS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-87 IS ON FILE IN THE CITY CLERK’S OFFICE. RESOLUTION 19-88 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH W.S. DARLEY & CO. FOR FIRE PROTECTIVE TURNOUT CLOTHING Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-88 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH W.S. DARLEY & CO. FOR FIRE PROTECTIVE TURNOUT CLOTHING 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 Purchase Agreement on behalf of the City of Elgin with W.S. Darley & Co. for fire protective turnout clothing, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV JUNE 12, 2019 251 Presented: June 12, 2019 Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-89 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TOWN OF ELGIN FOR YOUTH RELATED INITIATIVES Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-89 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TOWN OF ELGIN FOR YOUTH RELATED INITIATIVES 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 Agreement on behalf of the City of Elgin with the Town of Elgin for youth related initiatives, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 12, 2019 Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JUNE 12, 2019 VOLUME LXXXIV 252 ORDINANCE G21-19 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY (24 TYLER CREEK PLAZA) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G21-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY (24 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to establish a physical fitness facility at 24 Tyler Creek Plaza; and WHEREAS, the zoning lot with the building containing the premises at 24 Tyler Creek Plaza 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 a physical fitness facility is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on May 6, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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: VOLUME LXXXIV JUNE 12, 2019 253 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 6, 2019, and the recommendations made by the Community Development Department and the Planning & 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 physical fitness facility is hereby granted for the property commonly known as 24 Tyler Creek Plaza, which is part of the property commonly identified by Kane County Property Identification Numbers (PINs) 06-03-376-016, 06-03-376-017, and 06-03-376-020, and legally described as follows: LOTS 3, 4, 5 AND 6 IN TYLER CREEK PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT 1660686, IN KANE COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AND DESCRIBED IN DECLARATION DOCUMENT 1660687, AS AMENDED FROM TIME TO TIME, ON AND over LOTS 1 AND 2 IN TYLER CREEK PLAZA SUBDIVISION AFORESAID AND ALSO OVER THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF BIG TIMBER ROAD, THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN BOULEVARD 882,12 FEET FROM THE PLACE OF BEGINNING; THENCE EASTERLY AND PARALLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 396.00 FEET TO A POINT ON THE NORTH LINE OF TYLER CREEK PLAZA SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE 398.72 FEET TO THE CENTER LINE OF NORTH MCLEAN BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 396.06 FEET TO THE PLACE OF BEGINNING (EXCEPT PART IN MCLEAN BOULEVARD) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (commonly known as 1-60 Tyler Creek Plaza). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 8) Substantial conformance to the Development Application submitted by Marcus Banner d/b/a Our Neighborhoods Empowered, as applicant, and J & J Covina LLC, as property owner, received April 3, 2019 and supporting documents including: a. Undated Statement of Purpose and Conformance from Our Neighborhoods Empowered, dated received April 18, 2019; JUNE 12, 2019 VOLUME LXXXIV 254 b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 7, 2002; c. Undated Proposed Floor Plan, received April 3, 2019, with such further revisions as required by the Community Development Director; and d. Undated Tyler Creek Plaza Tenant Inventory, dated received April 4, 2019; 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. 9) This grant of conditional use is limited to Tenant Space 24 as depicted upon the Tyler Creek Plaza Tenant Inventory, dated received April 4, 2019. 10) The information center to be used as the computer lab and after school programming is limited to 10 percent of the total floor area of the physical fitness facility. 11) All exterior 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 Presented: June 12, 2019 Passed: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2019 Published: June 14, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JUNE 12, 2019 255 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Human Relations Commission, May 7, 2019 Sustainability Commission, Various Dates Committee of the Whole, May 8, 2019 City Council Minutes, May 8, 2019 Sales Tax Revenue Telecommunications Tax Revenue Natural Gas Tax Revenue Electricity Tax Revenue Hotel/Motel Tax Revenue Motor Fuel Tax Revenue Video Gaming Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 9:03 p.m. s/ Kimberly Dewis June 26, 2019 Kimberly Dewis, City Clerk Date Approved 256 JUNE 26, 2019 VOLUME LXXXIV 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 June 26, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:05 p.m. The Invocation was given by Michael J. Murschel, Spiritual Director, of Opus Sancti and the Pledge of Allegiance was led by Police Chief Ana Lalley. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Absent: Councilmember Rauschenberger. MINUTES OF THE JUNE 12, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve the June 12, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS 21st Annual Citizenship Recognition Program Armando Trejo, President of Elgin Community College, acted as emcee and members of the Elgin Choral Union sang two selections. Karen Oswald outlined the benefits and responsibilities of citizenship and Luis Martinez spoke about his experiences in obtaining U.S. citizenship. Each new citizen was recognized by name and they were congratulated by the Mayor, members of Council, as well as representatives from the offices of U.S. Representative Raja Krishnamoorthi, Representative Anna Moeller, Senator Donald DeWitte, and Senator Cristina Castro. RECOGNIZE PERSONS PRESENT Krislee Murphy, from the Elgin Convention and Visitors Bureau, presented the “Explore Elgin” commercial that will begin airing this week. VOLUME LXXXIV JUNE 26, 2019 257 BID 19-035 AWARDED TO PRECISION PAVEMENT MARKINGS INC. FOR THE 2019 PAVEMENT MARKING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award the 2019 Pavement Marking Program bid to Precision Pavement Markings Inc. in the amount of $262,061 to provide clear traffic guidance on city-maintained roads. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-036 AWARDED TO MUSCAT PAINTING AND DECORATING FOR DECORATIVE STREET LIGHT PAINTING Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve a contract with Muscat Painting and Decorating in the amount of $44,385 as part of a planned, two-year maintenance program for the maintenance of one-half of the decorative street light infrastructure in the Gifford Park Historic District. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 03-19 APPROVED FOR 1520 BIG TIMBER ROAD – CONDITIONAL USE TO ESTABLISH ACCESSORY PACKAGE LIQUOR SALES AT THE EXISTING MOBIL GAS STATION, AND TO ESTABLISH A HAND-DETAILING CAR WASH Marc Mylott, Community Development Director, outlined Petition 03-19. The petition would grant a conditional use to allow accessory package liquor sales and establish a hand detailing car wash. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve Petition 03-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 15-19 APPROVED FOR 620 WING STREET, UNIT 3 – CONDITIONAL USE TO ESTABLISH INDIVIDUAL AND FAMILY SOCIAL SERVICES COUNSELING CENTER WITHIN THE EXISTING MULTI-TENANT OFFICE BUILDING Marc Mylott, Community Development Director, outlined Petition 15-19. The petition would grant a conditional use to establish a counseling center within an existing office building. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve Petition 15-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 26, 2019 VOLUME LXXXIV 258 PETITION 18-19 APPROVED FOR 1025 N. RANDALL ROAD – CONDITIONAL USE TO ESTABLISH A DANCE STUDIO AND SCHOOL WITHIN THE EXISTING MULTI- TENANT SHOPPING CENTER Marc Mylott, Community Development Director, outlined Petition 18-19. The petition would grant a conditional use to establish a dance studio in a multi-tenant shopping center. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 18-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-101 ADOPTED ACCEPTING THE PROPOSAL OF ALLIANT PROPERTY INSURANCE PROGRAM FOR THE CITY OF ELGIN’S PROPERTY, INLAND MARINE AND CYBER LIABILITY INSURANCE Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-101 RESOLUTION ACCEPTING THE PROPOSAL OF ALLIANT PROPERTY INSURANCE PROGRAM FOR THE CITY OF ELGIN’S PROPERTY, INLAND MARINE AND CYBER LIABILITY INSURANCE 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 the City of Elgin hereby accepts Alliant Property Insurance Program's renewal proposal for the City of Elgin’s property, inland marine and cyber liability insurance commencing July 1, 2019 through June 30, 2020, for an annual premium of $280,650. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Alliant Property Insurance Program for the City of Elgin’s property, inland marine and cyber liability insurance program. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV JUNE 26, 2019 259 Presented: June 26, 2019 Adopted: June 26, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-102 ADOPTED AUTHORIZING EXECUTION OF AN EXTENSION TO INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR THREE FULL-TIME CASE MANAGERS (INTERAGENCY AGREEMENT NO. 218442) Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-102 RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR THREE FULL-TIME CASE MANAGERS (Interagency Agreement No. 218442) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, Debra Nawrocki, Chief Financial Officer, and Ana Lalley, Chief of Police, are hereby authorized and directed to execute an extension to Interagency Agreement to accept a grant from the Illinois Criminal Justice Information Authority in the amount of $389,063 for three full-time case managers, a copy of which is attached hereto and made a part hereof by reference. 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 JUNE 26, 2019 VOLUME LXXXIV 260 Presented: June 26, 2019 Adopted: June 26, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-103 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE 50/50 AND 75/25 HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAMS Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Resolution No. 19-103 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 WHEREAS, in 2019 applications have been made for 13 projects under the city's Historic Architectural Rehabilitation Grant Programs; 9 applications under the 50/50 historic rehabilitation grant program and 4 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 $100,000 is allocated for the following projects approved under the grant recipient eligibility lists. VOLUME LXXXIV JUNE 26, 2019 261 50/50 Program Owner Address Grant Amount Richard Van Acker 1028 Douglas Avenue $ 20,000 Paul Bednar 706 Douglas Avenue $ 20,000 Patrick Mueller 14-16 S. Chapel Street $ 10,000 75/25 Program Owner Address Grant Amount Mark Hendricks 164 N. Gifford Street $ 15,525 Tomasa Munoz 325 Raymond Street $ 18,600 Horacio Isunza 371 North Street $ 15,875 TOTAL $100,000 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: June 26, 2019 Adopted: June 26, 2019 Vote: Yeas: 7 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G25-19 through G27-19 and adopt Resolution Nos. 19-92 through 19-100 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-92 ADOPTED REGARDING 272 N. SPRING STREET AND 480 PARK STREET AND TRANSFER OF PROPERTY TO FACILITATE NEW RESIDENTIAL CONSTRUCTION BY SPILLANE AND SONS, INC. Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 26, 2019 VOLUME LXXXIV 262 Resolution No. 19-92 RESOLUTION REGARDING 272 N. SPRING STREET AND 480 PARK STREET AND TRANSFER OF PROPERTY TO FACILITATE NEW RESIDENTIAL CONSTRUCTION BY SPILLANE AND SONS, INC. WHEREAS, the City of Elgin (“City”) owns property located at 272 N. Spring Street and 480 Park Street, Elgin, Illinois (“Elgin Properties") and has previously demolished the residential structures located on the Elgin Properties; and WHEREAS, Spillane and Sons, Inc. (“Developer”) is proposing to take ownership of the Elgin Properties to facilitate a redevelopment of these visible properties located within the Spring/Douglas Historic District and Elgin Historic District respectively, resulting in two newly constructed single family homes, both to be sold to income-eligible homebuyers to serve as their principal residences (“Redevelopment Project”); and WHEREAS, the City is a member of the Kane-Elgin HOME Consortium, which has allocated $465,387.00 in HOME Investment Partnership financing to Developer for the Redevelopment Project; and WHEREAS, Developer has proposed to utilize CDBG funds in the amount of $218,493.00, for the construction work associated with the Redevelopment Project, and said funding was included in the 2018 Annual Action Plan approval per Resolution 18-71 adopted July 11, 2018; and WHEREAS, the proposed use of CDBG and HOME funds meets HUD’s guidelines, and will address the affordable housing goals discussed in the Kane-Elgin Consolidated Plan; and WHEREAS, it is necessary to enter into Developer Agreements in order to address the allocation of funding and agree to the terms of the property transfer and resulting Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the Community Development Block Grant Program Development Agreement between the City of Elgin with Spillane and Sons, Inc., regarding the allocation and terms of CDBG funds, and the construction and sale of a single family home at the property commonly known as 272 N. Spring Street, Elgin, Illinois, is hereby approved, and City Manager, Richard G. Kozal, and City Clerk, Kimberly A. Dewis, be and are hereby authorized to execute such agreement. VOLUME LXXXIV JUNE 26, 2019 263 2. That the Community Development Block Grant Program Development Agreement between the City of Elgin with Spillane and Sons, Inc., regarding the allocation and terms of CDBG funds, and the construction and sale of a single family home at the property commonly known as 480 Park Street, Elgin, Illinois, is hereby approved, and City Manager, Richard G. Kozal, and City Clerk, Kimberly A. Dewis, be and are hereby authorized to execute such agreement. BE IT FURTHER RESOLVED that the Director of the Community Development Department is authorized to sign agreements, certifications, reports, and other documents required to complete the project described herein, and to comply with HUD requirements. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G25-19 PASSED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF ELGIN AND SPILLANE AND SONS, INC. REGARDING THE CONVEYANCE OF 272 N. SPRING STREET AND 480 PARK STREET, ELGIN, ILLINOIS Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G25-19 AN ORDINANCE AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF ELGIN AND SPILLANE AND SONS, INC. REGARDING THE CONVEYANCE OF 272 N. SPRING STREET AND 480 PARK STREET, ELGIN, ILLINOIS WHEREAS, Spillane and Sons, Inc. has proposed to redevelop the City of Elgin owned properties at 272 N. Spring Street and 480 Park Street with the construction of two new single- family homes; and JUNE 26, 2019 VOLUME LXXXIV 264 WHEREAS, as part of such redevelopment, the City is agreeing to convey such properties to Spillane and Sons, Inc., for a zero purchase price. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that City Manager, Richard G. Kozal, and City Clerk, Kimberly A. Dewis, be and are hereby authorized and directed to execute a real estate contract between the City of Elgin and Spillane and Sons, Inc. for the conveyance of 272 N. Spring Street and 480 Park Street, Elgin, Illinois, to Spillane and Sons, Inc. for a zero dollar purchase price, and that the form of such real estate contract shall be as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Passed: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: June 26, 2019 Published: June 28, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-93 ADOPTED AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIP PROGRAM CONSORTIUM AGREEMENT WITH COUNTY OF KANE REGARDING THE 2020-2022 HOME INVESTMENT PARTNERSHIPS PROGRAM Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-93 RESOLUTION AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIP PROGRAM CONSORTIUM AGREEMENT WITH COUNTY OF KANE REGARDING THE 2020-2022 HOME INVESTMENT PARTNERSHIPS PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a HOME Investment Partnership Program Consortium Agreement on VOLUME LXXXIV JUNE 26, 2019 265 behalf of the City of Elgin with County of Kane regarding the 2020-2022 HOME Investment Partnerships Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-94 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE STONEBROOK UNIT NO. 1 SUBDIVISION Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-94 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE STONEBROOK UNIT NO. 1 SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the Stonebrook Unit No. 1 Subdivision which will include streets, watermain, sanitary sewer, storm sewer, street lights, street signs and sidewalk improvements. Acceptance of the public improvements will add the following city-maintained facilities: 5,017 lineal feet of 8-inch water main, 3,765 lineal feet of 12-inch water main, twelve 8-inch valves in 4-foot vaults, six 12- inch valves in 5-foot vaults, two 16-inch valves in 6-foot vaults, one auto flushing device, 22 fire hydrants, 2,385 lineal feet of 8-inch sanitary sewer, 23 sanitary manholes, 1,028 lineal feet of 12-inch storm sewer, 1,275 lineal feet of 15-inch storm sewer, 824 lineal feet of 18-inch storm sewer, 1,233 lineal feet of 24-inch storm sewer, 675 lineal feet of 42-inch storm sewer, one 24-inch flared end section, 26 street lights, 53 street signs, 5,565 lineal feet of improved street, 10,428 lineal feet of curb and gutter, 9,927 square feet of sidewalk; and their appurtenances to the City maintained JUNE 26, 2019 VOLUME LXXXIV 266 facilities. For purposes of clarification, the roads known as Percey Shelley Court and John Keats Court are not being accepted as they are to remain private. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-95 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PAVEMENT INVENTORY AND RATING SERVICES Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-95 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PAVEMENT INVENTORY AND RATING SERVICES 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 IMS Infrastructure Management Services for professional services in connection with the Pavement VOLUME LXXXIV JUNE 26, 2019 267 Inventory and Rating Services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-96 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DEWBERRY ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE CIVIC PLAZA REPLACEMENT PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-96 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DEWBERRY ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE CIVIC PLAZA REPLACEMENT PROJECT 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 Dewberry Engineers, Inc. for professional engineering services in connection with the Civic Plaza Replacement Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 26, 2019 VOLUME LXXXIV 268 Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-97 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAAS MAINT, LLC D/B/A ASSETOPTICS FOR MAINTENANCE MANAGEMENT SYSTEM SOFTWARE Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-97 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAAS MAINT, LLC D/B/A ASSETOPTICS FOR MAINTENANCE MANAGEMENT SYSTEM SOFTWARE 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 SaaS Maint, LLC, d/b/a AssetOptics for maintenance management system software, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV JUNE 26, 2019 269 Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-98 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MIAND, INC. D/B/A MAD BOMBER FIREWORKS PRODUCTIONS FOR THE FOURTH OF JULY FIREWORKS DISPLAY Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-98 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MIAND, INC., D/B/A MAD BOMBER FIREWORKS PRODUCTIONS FOR THE FOURTH OF JULY FIREWORKS DISPLAY 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 a Purchase Agreement on behalf of the City of Elgin with MIAND, Inc., d/b/a Mad Bomber Fireworks Productions for the Fourth of July fireworks display, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 26, 2019 VOLUME LXXXIV 270 Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-99 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELDORADO RESORTS, INC. FOR REIMBURSEMENT OF THE 2019 FOURTH OF JULY FIREWORKS DISPLAY Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-99 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELDORADO RESORTS, INC. FOR REIMBURSEMENT OF THE 2019 FOURTH OF JULY FIREWORKS DISPLAY 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 Agreement on behalf of the City of Elgin with Eldorado Resorts, Inc., for reimbursement of the 2019 Fourth of July fireworks display, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JUNE 26, 2019 271 ORDINANCE G26-19 PASSED AMENDING ORDINANCE NO. G40-06, WHICH AMENDED THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT AND GRANTED A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR DISTRICT, AND AMENDING ORDINANCE G72-18 WHICH AMENDED ORDINANCE NO. G11-15 WHICH AMENDED PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06 (807 SOUTH RANDALL ROAD) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G26-19 AN ORDINANCE AMENDING ORDINANCE NO. G40-06, WHICH AMENDED THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT AND GRANTED A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR DISTRICT, AND AMENDING ORDINANCE G72-18 WHICH AMENDED ORDINANCE NO. G11-15 WHICH AMENDED PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06, (807 South Randall Road) WHEREAS, the territory herein described has been classified in the PAB Planned Area Business District, and is subject to the requirements of Ordinance No. G40-06; and WHEREAS, by adopting Ordinance No. G72-18 on December 19, 2018, and Ordinance No. G11-15 on April 22, 2015, the City Council amended certain provisions of Ordinance No. G40-06, and WHEREAS, written application has been made to further amend PAB Planned Area Business District Ordinance No. G40-06, as amended by Ordinance No. G11-15, and Ordinance No. G72-18, to construct a new freestanding restaurant building with a drive-through facility and accessory parking within the portion of the parking lot of the property commonly known as 815 S. Randall Road “Meijer Store”, and WHEREAS, after due notice in the manner provided by law, the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 2019; 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 JUNE 26, 2019 VOLUME LXXXIV 272 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 PAB Planned Area Business District established by Ordinance No. G40-06, as amended by Ordinance No. G11-15 and Ordinance No. G72-18, 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 6, 2019, 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 4. G. of Ordinance No. G40-06, which regulates “Site Design” in the PAB Planned Ara Business District of the Subject Property, is hereby further amended only as set forth in this ordinance to allow for the redevelopment of the specified portion of The Meijer Store parking lot to construct a freestanding restaurant building with a drive-through facility and accessory parking, and shall include the following additional conditions: 16. Substantial conformance to the Development Application submitted by Amin Dhanani for HZ Props RE, Ltd., as applicant, and Meijer Stores Limited Partnership, as property owner, received November 2, 2018, and supporting documents including: a. Qualifying Statement and Narrative for a Proposed Popeye’s restaurant with a drive thru window at 807 South Randall Road, Elgin, IL, prepared by Atul Karkhanis Architects, dated February 19, 2019; b. Ratio LED Series by Hubbel Outdoor Lighting light fixture specifications, received April 11, 2019; with such further revisions as required by the Community Development Director; c. ALTA/NSPS Land Title & Topographic Survey, prepared by Woolpert, Inc., dated May 4, 2018, last revised August 6, 2018; d. Final Plat Resubdivision of Lot 1 in the Resubdivision of Lot 1 of the Final Plat of the 1st Resubdivision of Lot 1 of Woodbridge North Commercial Subdivision 821 South Randall Road, prepared by Woolpert, Inc., dated April 29, 2019, with such further revisions as required by the City Engineer; e. Access Easement Exhibit, prepared by Woolpert, Inc., dated April 8, 2019, with such further revisions as required by the City Engineer; f. Proposed Site Plan Sheet A-0, prepared by Atul Karkhanis Architects, dated April 12, 2019, with such further revisions as required by the Community Development VOLUME LXXXIV JUNE 26, 2019 273 Director; g. Landscape Plan, prepared by Woolpert Inc., February 14, 2019, last revised April 12, 2019, with such further revisions as required by the Community Development Director; h. Photometric Plan, prepared by PG Enlighten, dated April 11, 2019, with such further revisions as required by the Community Development Director; i. Proposed Floor Plan, prepared by Atul Karkhanis Architects, dated February 20, 2018, with such further revisions as required by the Community Development Director; j. Proposed Exterior Elevations – S +W, Sheet A-2, prepared by Atul Karkhanis Architects, dated February 15, 2019, with such further revisions as required by the Community Development Director; k. Proposed Exterior Elevations – N + E, Sheet A-3, prepared by Atul Karkhanis Architects, dated February 15, 2019, with such further revisions as required by the Community Development Director; l. Trash Enclosure Elevation, Sheet A-7, prepared by Atul Karkhanis Architects, dated February 15, 2019, with such further revisions as required by the Community Development Director; m. Proposed Wall Sign – West, Sheet A-4, prepared by Atul Karkhanis Architects, dated February 20, 2019, with such further revisions as required by the Community Development Director; n. Proposed Wall Sign – North & South, Sheet A-5, prepared by Atul Karkhanis Architects, dated February 20, 2019, with such further revisions as required by the Community Development Director; o. Proposed Monument Sign, Sheet A-6, prepared by Atul Karkhanis Architects, dated February 20, 2109, with such further revisions as required by the Community Development Director; p. Proposed Directional Sign, Sheet A-6.1, prepared by Atul Karkhanis Architects, dated April 15, 2019, with such further revisions as required by the Community Development Director; q. Drive Thru & Topper with Digital Screen and Optional Wings, page 20 of 29, prepared by Loren Industries, dated March 8, 2019, last revised April 12, 2019, with such further revisions as required by the Community Development Director; and r. Engineering plans titled “Proposed Improvements for Popeye’s Louisiana Kitchen Elgin Meijer Outlot”, prepared by Eriksson Engineering Associates, Ltd., dated May 5, 2017, last revised April 5, 2019, with such further revisions as required by the City Engineer. 17. A departure is hereby granted to permit a total of 36 parking spaces for the proposed restaurant building on the property commonly known as 807 South Randall Road. 18. A departure is hereby granted to allow a minimum vehicle use area interior yard setback of 3.7 feet on the property commonly known as 807 South Randall Road. 19. The applicant shall replace any existing trees proposed to be preserved, and any JUNE 26, 2019 VOLUME LXXXIV 274 new trees proposed to be planted on the property commonly known as 807 South Randall Road, which are damaged or deceased within the two years of the issuance of the certificate of occupancy for the proposed restaurant. 20. Compliance with all applicable codes and ordinances. Section 3. That Section 4. J. of Ordinance No. G40-06, which regulates “Signs” in the PAB Planned Ara Business District of the Subject Property, is hereby further amended to include the following additional conditions: 8. A departure is hereby granted to allow a total of three wall graphics on the restaurant building commonly known as 807 S. Randall Road, in substantial compliance with the following: a. Proposed Exterior Elevations – S+W, Sheet A-2, prepared by Atul Karkhanis Architects, dated February 15, 2019, with such further revisions as required by the Community Development Director; b. Proposed Exterior Elevations – N+E, Sheet A-3, prepared by Atul Karkhanis Architects, dated February 15, 2019, with such further revisions as required by the Community Development Director; and c. Box-type wall graphics are not permitted. Any wall graphics to be installed must be channel-letters street graphic. 9. A departure is hereby granted to allow two drive-through facility graphics for the restaurant building commonly known as 807 S. Randall Road, in substantial compliance with the following: a. Drive Thru & Topper with Digital Screen and Optional Wings, page 20 of 29, prepared by Loren Industries, dated March 8, 2019, last revised April 12, 2019, with such further revisions as required by the Community Development Director; and b. Both drive-through facility graphics for the proposed restaurant at 807 South Randall Road must have a masonry base with the minimum width of 80% of the overall graphic width. Section 4. That except as further amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G40-06, as amended by Ordinance No. G11-15, and Ordinance No. G72-18. In the event of any conflict between this ordinance and Ordinances No. G40-06, G11-15, and G72-18, this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV JUNE 26, 2019 275 Presented: June 26, 2019 Passed: June 26, 2019 Vote: Yeas: 8 Nays: 0 Recorded: June 26, 2019 Published: June 28, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-100 ADOPTED APPROVING FINAL PLAT OF RESUBDIVISION OF LOT 1 IN THE RESUBDIVISION OF LOT 1 OF THE FINAL PLAT OF THE 1ST RESUBDIVISION OF LOT 1 OF WOODBRIDGE NORTH COMMERCIAL SUBDIVISION Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-100 RESOLUTION APPROVING FINAL PLAT OF RESUBDIVISION OF LOT 1 IN THE RESUBDIVISION OF LOT 1 OF THE FINAL PLAT OF THE 1ST RESUBDIVISION OF LOT 1 OF WOODBRIDGE NORTH COMMERCIAL SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Resubdivision of Lot 1 in the Resubdivision of Lot 1 of the Final Plat of the 1st Resubdivision of Lot 1 of Woodbridge North Commercial Subdivision, prepared by Woolpert, Inc. dated April 29, 2019. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JUNE 26, 2019 VOLUME LXXXIV 276 ORDINANCE G27-19 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 DISCONTINUE THE CLASS B-3 LICENSE Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G27-19 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 DISCONTINUE THE CLASS B-3 LICENSE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued:” be and is hereby further amended by amending subparagraph D thereof by deleting subparagraph 3 thereof pertaining to the Class B-3 license, by renumbering the remaining subparagraphs 4 and 5 thereof accordingly, and by deleting other references to a Class B-3 license in such subparagraph D. Section 2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by deleting subparagraph G thereof relating to the Class B-3 license, by re-lettering the remaining subparagraphs accordingly, and by amending subparagraph I (to be lettered to subparagraph H) to read as follows: “H. The number of class B-5 licenses shall not exceed nine (9) in number.” Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealer” be and is hereby further amended by deleting all other references to the Class B-3 license in such chapter. Section 4. That Section 6.06.060 of the Elgin Municipal Code, 1976, as amended, entitled “Application; Filing; Processing Fee:” by and is hereby further amended to read as follows: VOLUME LXXXIV JUNE 26, 2019 277 “Applications shall be directed to and filed with the Local Liquor Control Commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable three hundred dollars ($300.00) at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the City Clerk the full amount of the annual license fee required to be paid for the kind of license applied for. There shall be no filing fee imposed for any application seeking the issuance of a Class G or K license when the City is the applicant. There shall be no filing fee imposed for any application seeking the issuance of a Class H, I or K-1 license, nor for any application seeking the issuance of an exterior sales permit, a young adult night permit, an outside event permit or an offsite special event permit. Prior to issuance of a new Class B license, the applicant shall deposit the sum of ten thousand dollars ($10,000.00) with the City Clerk to be placed in the General Fund of the City. Prior to issuance of a new Class B-1, B-2, B-4 or B-5 license, the applicant shall deposit the sum of five thousand dollars ($5,000.00) with the City Clerk to be placed in the General Fund of the City. The foregoing ten thousand dollar ($10,000.00) fee and five thousand dollar ($5,000.00) fee shall not apply to a licensee who has previously paid such a fee to the City and who is obtaining a new license solely due to a change of location of the licensed premises or is surrendering an existing Class B, B-1, B-2, B-4 or B-5 license and is obtaining a new but different class of B-1, B2, B-4 or B-5 license. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the Uniform Commercial Code of Illinois or such other applicable statutes governing bulk sales within the State so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business. Any bond or policy of liability insurance submitted to the Local Liquor Control Commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the Local Liquor Control Commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a condition of doing business pursuant to such license.” Section 5. 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 6. 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 JUNE 26, 2019 VOLUME LXXXIV 278 Presented: June 26, 2019 Passed: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: June 26, 2019 Published: June 28, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, May 13, 2019 Emergency Telephone System Board (E-911), March 21, 2019 Liquor Control Commission, April 10, 2019 Committee of the Whole, May 22, 2019 City Council Minutes, May 22, 2019 Sales Tax Revenue Telecommunications Tax Revenue Electricity Tax Revenue Motor Fuel Tax Revenue Alcoholic Liquor Tax Video Gaming Tax Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXXIV JUNE 26, 2019 279 ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:55 p.m. s/ Kimberly Dewis July 10, 2019 Kimberly Dewis, City Clerk Date Approved 280 VOLUME LXXXIV JULY 10, 2019 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 10, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:35 p.m. The Invocation was given by Rabbi Margaret Frisch Klein from the Congregation Kneseth Israel and the Pledge of Allegiance was led by Deputy Police Chief Colin Fleury. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JUNE 26, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Lopez made a motion, seconded by Councilmember Steffen, to approve the June 26, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Parks and Recreation Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including Elgin; and WHEREAS, our parks and recreation programs are vitally important in building an active community, establishing and maintaining the quality of life in our city, ensuring the health of all citizens and contributing to the economic and environmental well-being of a community and region; and VOLUME LXXXIV JULY 10, 2019 281 WHEREAS, our 75 parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month. NOW THEREFORE, I, David Kaptain, Mayor of the city of Elgin, Illinois do hereby declare the month of July as Parks and Recreation Month in the city of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 10th Day of July, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Joe and Armida Dominguez invited the public to attend the New Life Church Hopefest being held on Saturday July 27, 2019 from 10:00 am until 2:00 p.m. Marcus Banner stated the reasons that Lieutenant Jensen’s employment with the city should be terminated. Gena McNamara presented the city council with a petition that called for the termination of Lieutenant Jensen’s employment with the city. Vivienne Bailey stated the reasons that Lieutenant Jensen’s employment with the city should be terminated. Jose Bosque stated the reasons that Lieutenant Jensen’s employment with the city should be terminated. Demitrius Smith stated the reasons that Lieutenant Jensen’s employment with the city should be terminated. Tim Solarz stated the reasons that Lieutenant Jensen’s employment with the city should be terminated. Emmetia Sneed stated the reasons that Lieutenant Jensen’s employment with the city should be terminated. JULY 10, 2019 VOLUME LXXXIV 282 Ina Dews thanked the city council for their continued efforts in diversity and inclusion. BID 19-038 AWARDED TO SCHROEDER ASPHALT SERVICES, INC. FOR RESIDENTIAL RESURFACING CONSTRUCTION AWARD Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award the 2019 Residential Resurfacing Gifford Park – Southeast Area Neighborhoods construction bid to Schroeder Asphalt Services, Inc. in the amount of $986,157 for the completion of milling and resurfacing of approximately 1.6 miles of residential streets within the Gifford Park/Southeast area of the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-041 AWARDED TO ALLIANCE CONTRACTORS, INC. FOR BRIDGE REHABILITATION CONSTRUCTION AWARD Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award the 2019 Bridge Rehabilitation construction bid to Alliance Contractors, Inc. in the amount of $415,249 for completion of bridge maintenance and repair items on various City-owned structures in accordance with repair recommendations from the City’s annual bridge inspection program. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-042 AWARDED TO ARROW ROAD CONSTRUCTION COMPANY FOR COLLECTOR STREET RESURFACING PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award the 2019 Collector Street Resurfacing Program bid to Arrow Road Construction Company in the amount of $1,586,734 for the completion of milling and resurfacing of approximately 0.7 miles and the rehabilitation of 0.6 miles of collector streets within the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NASPO PURCHASING COOPERATIVE AGREEMENT APPROVED WITH MAILFINANCE FOR THE LEASE OF A MAIL MACHINE AND ENVELOPE INSERTER Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve a contract with MailFinance in the amount of $38,920 over four years for the lease of a mail machine and envelope inserter in order to provide efficient operations within the City’s Central Services Department. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 10, 2019 283 ORDINANCE G23-19 PASSED AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” REGARDING THE TEMPORARY PARKING OF RECREATIONAL VEHICLES Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance G23-19. Upon a roll call vote: Yeas: Councilmembers Dixon and Rauschenberger. Nays: Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Motion failed to pass. ORDINANCE G30-19 REMOVED FROM THE CONSENT AGENDA Councilmember Gavin made a motion, seconded by Councilmember Shaw, to remove Ordinance G30-19 from the Consent Agenda. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Rosalie Fallico, owner of Big Sammy’s, stated the reasons she applied for a liquor license and was seeking to have video gaming at her establishment. ORDINANCE G30-19 PASSED RELATING TO VIDEO GAMING LICENSING Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G30-19 AN ORDINANCE RELATING TO VIDEO GAMING LICENSING WHEREAS, the Illinois Video Gaming Act (230 ILCS 40/1, et seq) was enacted on July 13, 2009, and legalized the use of video gaming terminals in certain liquor license establishments and license truck stop establishments within the state; and WHEREAS, pursuant to Ordinance G17-13, adopted by the City Council on March 13, 2013, the City Council of the City of Elgin determined that it was appropriate to allow video gaming within the City of Elgin pursuant to the Illinois Video Gaming Act; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to adopt video gaming license requirements for establishments operating any video gaming terminal pursuant to the Illinois Video Gaming Act and for distributors of video gaming terminals; 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 affairs; and JULY 10, 2019 VOLUME LXXXIV 284 WHEREAS, the power to license as provided in this ordinance pertains to the government and affairs of the city and is an appropriate exercise of municipal authority pursuant to the Illinois Video Gaming Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a new Chapter 6.08 of the Elgin Municipal Code, 1976, as amended, be and is hereby created and added to the Elgin Municipal Code entitled “Video Gaming” to read as follows: CHAPTER 6.08 VIDEO GAMING 6.08.010: DEFINITIONS: Words or phrases as used in this chapter shall be defined as provided in Section 5 of the Illinois Video Gaming Act (230 ILCS 40/5), as amended, except as otherwise provided herein. PERSON: Natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, limited liability company, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them. 6.08.020: VIDEO GAMING REGULATIONS ADOPTED: Regulations of the Illinois Video Gaming Act 230 ILCS 40/1 et seq, as amended, and Title 11 of the Illinois Administrative Code, Subtitle D, Video Gaming, Chapter I, Illinois Gaming Board, Art. 1800, Video Gaming (General) (11 Ill Adm Code 1800.110 et seq, as amended) be and are hereby adopted and incorporated by reference herein. Such laws and regulations relating to video gaming, as amended, are referred to in this chapter collectively as video gaming regulations. 6.08.030: LICENSE REQUIRED FOR DISTRIBUTORS OF VIDEO GAMING TERMINALS: A. No distributor or any person shall distribute, sell, lease out, establish or supply any video gaming terminal in the city without first obtaining a distributor’s license from the Local Liquor Control Commission of the city pursuant to this chapter. B. Each distributor licensed under this chapter shall maintain a current list of all premises in the city in which the distributor owns, has sold, leased out, supplied or delivered any video gaming terminal. Such list shall be available for inspection by the city clerk or his or her designee, on demand, during normal business hours. VOLUME LXXXIV JULY 10, 2019 285 C. No distributor or any other person shall own, sell, lease out, supply or deliver any video gaming terminal to any premises within the city unless the owner or lessee of the premises shall also have applied for and obtained a current valid city license for the video gaming terminal. D. Every distributor that is licensed to distribute, sell, lease out, establish or supply any video gaming terminal in the city pursuant to this chapter shall pay a yearly license fee to the city in the amount of $1,500 for each video gaming terminal distributed, sold, leased out, established or supplied in the city. E. Failure or neglect to pay the requisite fees in a timely manner shall be cause for denial of issuance or non-renewal or revocation as the case may be. F. All distributor’s licenses shall expire on April 30, next after the date of issue. G. It shall be a prerequisite to any distributor’s license from the city that the person distributing video gaming terminals have a valid license from the State of Illinois as a distributor of video gaming terminals. A loss or suspension of any such license by the State of Illinois shall automatically result in the same status for the license issued hereunder, without refund of any license fee. 6.08.040: LICENSE REQUIRED FOR ESTABLISHMENTS WITH VIDEO GAMING TERMINALS: A. No establishment or any person shall keep or display for operating or patronage by the public within the city any video gaming terminal without having first obtained a license therefor from the Local Liquor Control Commission of the city pursuant to this chapter. B. Every establishment that is licensed to keep or display any video gaming terminal in the city pursuant to this chapter shall pay a yearly license fee to the city in the amount of $25 for each video gaming terminal in the city. C. Failure and neglect to pay the requisite fees in a timely manner shall be cause for denial of issuance or non-renewal or revocation as the case may be. D. All licenses shall expire on April 30, next after the date of issue. E. It shall be a prerequisite to any license from the city that the person keeping or displaying video gaming terminals shall have a valid license from the State of Illinois for each such video gaming terminal. A loss or suspension of any such license by the State of Illinois shall automatically result in the same status for the license issued hereunder, without refund of any license fee. F. A license for a video gaming terminal issued by the city shall be framed and hung in plain view in a conspicuous place on the licensed premises. JULY 10, 2019 VOLUME LXXXIV 286 6.08.050: APPLICATIONS: A. Applications for license pursuant to this chapter shall be directed to and filed with the Local Liquor Control Commission of the city. In addition to the licensing fees imposed applicants for a distributor's license should also pay a non-refundable $200 application fee at the time of filing of an initial application to cover the cost of processing the application. Prior to the issuance of any license applicants shall also pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. B. All applications shall be on forms approved by the local liquor control commission and provided by the city. If the applicant is a partnership, all partners shall sign the application. If the applicant is a corporation or club, the president and secretary of the applicant business entity shall sign the application. If the applicant is a limited liability company, the managers of the limited liability company shall sign the application. If the members of the limited liability company do not elect managers, the application shall be signed by the members with interest representing the majority of the book value of the membership interest unless the articles of organization or operating agreement otherwise provide the manner in which members or managers may bind a limited liability company. Each application shall contain at the least the following information and statements: 1. The applicant’s name, birthdate, social security number, driver’s license number, address, position and percentage of ownership in the business; and the name, birthdate, social security number, driver’s license number, address, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager of a limited liability company, manager and any person or member of the limited liability company who owns 5% or more of the shares of the applicant business entity or parent corporations of the applicant business entry. The articles of incorporation for any corporation shall be attached to the application. 2. The type of license applied for, whether distributors license or video gaming terminal license. 3. Description of the principal business and any ancillary business to be operated on the premises. 4. For a distributor’s license a list of all premises in the city and number of video gaming terminals at each premises the distributor owns, has sold, leased out, supplied or delivered for which a distributor’s license is being sought. VOLUME LXXXIV JULY 10, 2019 287 5. For licenses for video game terminals the name and address of the distributor and the terminator operator for each of the video gaming terminals for which permission is sought under the license. 6. For an initial license for video gaming terminals at a premises a set of floor plans showing the design and layout of the premises including, but not limited to, seating, dining rooms, bars, game and waiting areas, proposed video gaming areas, and the position of equipment and fixtures therein. The layout of any video gaming terminal licensed premises may not be substantially changed without submission of a new set of plans and approval by the Local Liquor Control Commission. 7. The number of video gaming terminals for which permission is sought under the license. 8. A copy of the license from the State of Illinois for the distributor or for each video gaming terminal for which an application to the city is being made along with a copy of the application for such license submitted to the State of Illinois. 9. Such other information required by the Local Liquor Commission to determine compliance with the requirements of this chapter. 6.08.060: CONDITIONS OF LICENSE: A. In addition to any other conditions or regulations contained in this chapter, each and every video gaming terminal shall be licensed by the State of Illinois and the license of each and every video gaming terminal shall be maintained at the licensed premises where the video gaming terminal is operated. B. Video gaming terminals shall be placed and every video gaming terminal licensee shall be responsible to ensure that video gaming terminals are placed and operated in strict compliance with video gaming regulations, the requirements of this chapter, and any other applicable requirements of law. C. In addition to any other conditions or regulations contained in this chapter or in the statutes of the State of Illinois, no video gaming terminal shall be located in any establishment that does not have a valid and current Class A, AA, C, E, E1, E2 or E3 liquor license from the city. Notwithstanding the foregoing, any establishment which as of the effective date of this ordinance had a valid and current liquor license from the city other than a Class A, AA, C, E, E1, E2 or E3, and which was lawfully operating video gaming terminals licensed by the State of Illinois, shall be eligible to be issued a video gaming terminal license by the city so long as such a licensee is in compliance with all other applicable requirements and so long as the video gaming terminal license is issued to the current holder of the liquor license issued by the city as of the effective date of this ordinance. Any sale, transfer or JULY 10, 2019 VOLUME LXXXIV 288 assignment of more than 50% of the ownership of a business or partnership holding the liquor licensed issued by the city shall terminate such grandfathered right to receive a video gaming terminal license from the city. In the event that such a liquor license is held in the name of a corporation, the sale, transfer or assignment of 50% of the stock shall terminate such grandfathered right to receive a video gaming terminal license from the city. D. No video gaming terminal may be used, operated or played at a liquor licensed establishment where alcoholic liquor is sold except during the legal hours of operation allowed for the sale or consumption of alcoholic liquor on the premises pursuant to the provisions of Chapter 6.06 of this Code. E. No video gaming license shall be issued, and no video gaming terminals may be used or operated on a premises except as an accessory use to a principal use on such a premises as such terms are defined in Title 19 of this Code, as amended. 6.08.070: LICENSES NOT TRANSFERRABLE A. No license issued pursuant to this chapter may be transferred to any other person or entity or to any other premises. B. Any changes in partnerships, officers, directors, members or managers of a limited liability company or persons holding directly or beneficially more than 5% of the stock or ownership interest in a partnership or limited liability company holding a license under this chapter shall be reported in writing to the Local Liquor Control Commission within ten (10) days of the change. All such persons shall meet the standards of this chapter and must otherwise qualify to hold a license issued pursuant to this chapter. When a license has been issued to a partnership or limited liability company and a change of ownership occurs resulting in a partnership interest, or a membership interest in the case of a limited liability company, by one who is not eligible hold their liquor license, said license shall terminate. When a license has been issued to a corporation and a change takes place in the officers, directors, managers or shareholders of more than 5% of the stock, which changes the results in the holding of officer or shares by one who is not eligible for a license, said license shall terminate. C. Any sale, transfer or assignment of more than 50% of the ownership of a business or partnership shall terminate licenses issued pursuant to this chapter. In the event that the license is held in the name of a corporation, the sale, transfer of assignment of 50% of the stock shall terminate licenses issued pursuant to this chapter. 6.08.080: REVOCATION; SUSPENSION; FINES The Local Liquor Control Commission has the authority to suspend, revoke and/or fine a licensee who is violating or has violated the provisions of this chapter pursuant to the same rules and procedures set forth in regard to liquor licenses as provided in Chapter 6.06 of VOLUME LXXXIV JULY 10, 2019 289 this Code, provided however, appeals from orders or actions of the Local Liquor Control Commission with respect to video gaming licenses shall not be taken to the Illinois State Liquor Control Commission, and such appeals shall be made as otherwise provided by law. Actions for fines and injunctive relief may also be filed in the Circuit Court of Kane County or pursuant to Chapter 1.25 of this Code providing for administrative adjudication of non- vehicular code violations. 6.08.080: LIMITATIONS ON THE ISSUANCE OF VIDEO GAMING TERMINAL LICENSES: The number of video gaming terminal licenses shall be limited to 148 video gaming terminals.” Section 2. That Section 6.06.020 of the Elgin Municipal Code, 1976, as amended, entitled “Liquor Control Commission Established; Composition:” be and is hereby further amended by amending subparagraph A thereof to read as follows: “A. For purposes of the administration of this chapter, there is established a Local Liquor Control Commission that shall be charged with the administration of the laws of the State and the City pertaining to the sale of alcoholic liquor. The Local Liquor Control Commission shall also be charged with the administration of Chapter 6.08 of this Code relating to video gaming licensing and the administration of the laws of the state and the city pertaining to video gaming and the licensing thereof.” Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 10, 2019 VOLUME LXXXIV 290 CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass Ordinance Nos. G28-19 through G34-19 (except G30-19) and S3-19, as well as adopt Resolution Nos. 19-104 through 19-108 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-104 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECKER CENTER FOR MENTAL HEALTH, INC. FOR CRISIS COUNSELING SERVICES Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-104 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECKER CENTER FOR MENTAL HEALTH, INC. FOR CRISIS COUNSELING 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 an Agreement on behalf of the City of Elgin with Ecker Center for Mental Health, Inc. for crisis counseling services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JULY 10, 2019 291 RESOLUTION 19-105 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE KIMBALL STREET DAM INSPECTION SERVICES Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-105 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE KIMBALL STREET DAM INSPECTION SERVICES 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 Collins Engineers, Inc. for professional services in connection with the Kimball Street Dam Inspection Services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 10, 2019 VOLUME LXXXIV 292 RESOLUTION 19-106 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF HOFFMAN ESTATES FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-106 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF HOFFMAN ESTATES FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Village of Hoffman Estates for automatic fire and emergency medical services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-107 ADOPTED ESTABLISHING AN HONORARY STREET NAME OF CPL. ALEX MARTINEZ AVENUE FOR THE 200 BLOCK OF SOUTH MELROSE AVENUE Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 10, 2019 293 Resolution No. 19-107 RESOLUTION ESTABLISHING AN HONORARY STREET NAME OF CPL. ALEX MARTINEZ AVENUE FOR THE 200 BLOCK OF SOUTH MELROSE AVENUE WHEREAS, a formal application to provide for the establishment of the honorary street name of CPL Alex Martinez Avenue for the 200 block of South Melrose Avenue was submitted to the City of Elgin with a letter of support from Councilman Corey Dixon; and WHEREAS, Corporal (CPL) Alex Martinez was raised in his family home on Melrose Avenue; and WHEREAS, CPL Alex Martinez joined the U.S. Marine Corps following graduation from Larkin High School; and WHEREAS, CPL Alex Martinez was assigned to the 1st Combat Engineer Battalion in Camp Pendleton California and he deployed twice to the Helmand Providence, Afghanistan; and WHEREAS, during his first deployment CPL Alex Martinez was attached to the 3rd Battalion 5th Marines in support of Operation Enduring Freedom 10-2 in Sangin, Afghanistan, and during this deployment CPL Alex Martinez was awarded the Navy and Marine Corps Achievement Medal with a "V" for valor for his heroic actions; and WHEREAS, CPL Alex Martinez was deployed for a second time to Helmand Providence, Afghanistan, in early 2012, in direct support of 2nd Battalion 5th Marines; and WHEREAS, CPL Alex Martinez was only a few months into this deployment when on April 5, 2012, he was mortally wounded while clearing a passage so his fellow Marines could seize a compound; and WHEREAS, CPL Alex Martinez received the Purple Heart Medal for the wounds received on April 5, 2012, and for his exceptional professionalism, unrelenting perseverance and loyal devotion to duty which reflected credit upon him and were in keeping with the highest traditions of the Marine Corps and the United States Naval Service; and WHEREAS, CPL Alex Martinez is someone the City of Elgin is extremely proud of to call an Elginite; and WHEREAS, the Mayor and members of the City Council wish to extend the appreciation and esteem of all Elgin citizens for CPL Alex Martinez's outstanding service to the country; and WHEREAS, the Mayor and members of the City Council have determined that it is appropriate to formally recognize CPL Alex Martinez. JULY 10, 2019 VOLUME LXXXIV 294 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby established the honorary street name of CPL Alex Martinez Avenue at the 200 block of South Melrose Avenue. BE IT FURTHER RESOLVED that two honorary street signs shall be placed at the southwest corner of Melrose Avenue and Erie Street and at the northwest corner of Melrose Avenue and Meyer Street designating such 200 block of South Melrose Avenue as CPL Alex Martinez Avenue. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G28-19 PASSED APPROVING AN AMENDMENT TO THE REDEVELOPMENT AND FINANCING AGREEMENT FOR THE CITY OF ELGIN BLUFF CITY QUARRY TIF DISTRICT Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G28-19 AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT AND FINANCING AGREEMENT FOR THE CITY OF ELGIN BLUFF CITY QUARRY TIF DISTRICT WHEREAS, the City of Elgin has previously created the Bluff City Quarry TIF District pursuant to Ordinance Numbers S4-11, S5-11 and S6-11 adopted on May 11, 2011; and WHEREAS, on June 13, 2012, the City Council of the City of Elgin approved Ordinance No. G35-12, providing for the approval of a Redevelopment and Financing Agreement between the City of Elgin and Gifford 300, LLC, an Illinois limited liability company as Owner, and Bluff City Materials, Inc., an Illinois corporation as Developer, which relates to the redevelopment of a portion of the Bluff City Quarry TIF District (hereinafter referred to as the "Subject Redevelopment and Financing Agreement"); and VOLUME LXXXIV JULY 10, 2019 295 WHEREAS, the parties to the Subject Redevelopment and Financing Agreement have determined that it is in their mutual and respective best interests to amend the agreement by removing the various references and provisions for developer notes and to provide for the payment and reimbursement of Gifford 300 TIF eligible expenses through more straightforward contract provisions in the subject agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: Section 1. That the amendment to the Redevelopment and Financing Agreement between the City of Elgin, Gifford 300, LLC and Bluff City Materials, Inc., be and is hereby approved, a copy of such amendment being attached hereto. Section 2. That Mayor, David J. Kaptain, and City Clerk, Kimberly Dewis, be and are hereby authorized and directed to execute such amendment to the Redevelopment and Financing Agreement. Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 10, 2019 VOLUME LXXXIV 296 ORDINANCE S3-19 PASSED REPEALING ORDINANCE NO. S8-13 ORDINANCE OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS PROVIDING FOR THE ISSUANCE OF A NOT TO EXCEED $13,500,000 JUNIOR LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND A NOT TO EXCEED $8,100,000 SUBORDINATE LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND PLEDGING CERTAIN INCREMENTAL PROPERTY TAX REVENUES TO THE PAYMENT THEREOF Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S3-19 AN ORDINANCE REPEALING ORDINANCE NO. S8-13 ORDINANCE OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS PROVIDING FOR THE ISSUANCE OF A NOT TO EXCEED $13,500,000 JUNIOR LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND A NOT TO EXCEED $8,100,000 SUBORDINATE LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND PLEDGING CERTAIN INCREMENTAL PROPERTY TAX REVENUES TO THE PAYMENT THEREOF WHEREAS, on June 13, 2012, the City Council of the City of Elgin approved Ordinance No. G35-12, providing for the approval of a Redevelopment and Financing Agreement between the City of Elgin and Gifford 300, LLC, an Illinois limited liability company as Owner, and Bluff City Materials, Inc., an Illinois corporation as Developer (hereinafter referred to as the "Subject Redevelopment and Financing Agreement"); and WHEREAS, the Subject Redevelopment and Financing Agreement provided in part for the city to adopt a note ordinance in a form set forth in Exhibit C to the agreement; and WHEREAS, on November 6, 2013, the City Council of the City of Elgin adopted such note ordinance pursuant to Ordinance S8-13; and WHEREAS, the parties to the Subject Redevelopment and Financing Agreement determined that it was in their mutual and respective best interests to amend the Subject Redevelopment and Financing Agreement pursuant to an Amendment Agreement dated July 10, 2019, which provides in part for the repeal of the note ordinance pursuant to Ordinance No. S8- 13. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, in the exercise of its home rule powers, as follows: VOLUME LXXXIV JULY 10, 2019 297 Section 1. That Ordinance No. S8-13, be and is hereby repealed. Section 2. That all ordinances or parts of ordinance 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: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-108 ADOPTED APPROVING CERTAIN DEVELOPER REQUESTS FOR ISSUANCE FOR CERTIFICATES OF EXPENDITURE IN CONNECTION WITH THE BLUFF CITY QUARRY TIF DISTRICT REDEVELOPMENT AND FINANCING AGREEMENT Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-108 RESOLUTION APPROVING CERTAIN DEVELOPER REQUESTS FOR ISSUANCE FOR CERTIFICATES OF EXPENDITURE IN CONNECTION WITH THE BLUFF CITY QUARRY TIF DISTRICT REDEVELOPMENT AND FINANCING AGREEMENT WHEREAS, the City of Elgin has previously created the Bluff City Quarry TIF District pursuant to Ordinance Numbers S4-11, S5-11 and S6-11 adopted on May 11, 2011; and WHEREAS, the City of Elgin ("City") and Gifford 300, LLC, ("Owner"), and Bluff City Materials, Inc., ("Developer") have previously entered into Redevelopment and Financing JULY 10, 2019 VOLUME LXXXIV 298 Agreement dated June 13, 2012, providing for the redevelopment of a portion of the Bluff City Quarry TIF District, as further described in such Redevelopment and Financing Agreement; and WHEREAS, the City, Owner and Developer entered into an amendment to the Redevelopment and Financing Agreement dated July 10, 2019 (such Redevelopment and Financing Agreement dated June 13, 2012, as amended by the amendment thereto dated July 10, 2019, is hereinafter referred to the "Subject Redevelopment and Financing Agreement"); and WHEREAS, the Subject Redevelopment and Financing Agreement provides for the reimbursement to the developer of certain TIF eligible expenses in connection with the redevelopment of the redevelopment property as described in the Subject Redevelopment and Financing Agreement; and WHEREAS, Developer has submitted to the city request for issuance #1 dated August 21, 2013, submitted to the city on or about September 11, 2013, in the total amount of $4,405,042, requesting approval of a certificate of expenditure in such amount; and WHEREAS, Developer has submitted to the city request for issuance #2 dated January 25, 2018, which was submitted to the city on or about such date, in the total amount of $16,573,037, requesting approval of a certificate of expenditure in such amount; and WHEREAS, pursuant to the terms of the Subject Redevelopment and Financing Agreement that the Developer's request for issuance #1 should be approved in the amount of $4,405,042 and a portion of Developer's request for issuance #2 should be approved in the amount of $9,940,958, for total approvals for certificates of expenditure of $13,500,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: 1. That Developer's request for issuance #1 dated August 21, 2013, in the total amount of $4,405,042 be and is hereby approved and a certificate of expenditure in the amount of $4,405,042 is hereby approved and issued. 2. That Developer's request for issuance #2 dated January 25, 2018, in the total amount of $16,573,037 is approved in part in the amount of $9,940,958 and a certificate of expenditure in the amount of $9,940,958 be and is hereby approved and issued. 3. That payment to Developer of 80% of the TIF Revenue Stream from the Subject Property received by the city and to be deposited into the Sub-STAF Gifford 300 Account pursuant to the Subject Redevelopment and Financing Agreement is authorized and approved in accordance with and subject to the terms of the Subject Redevelopment and Financing Agreement up to and not to exceed the total amount of approved certificate of expenditures as provided herein. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV JULY 10, 2019 299 Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G29-19 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, “ALCOHOLIC LIQUOR DEALERS” Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G29-19 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” WHEREAS, the Liquor Control Commission of the City of Elgin is currently composed of the mayor and the members of the city council then holding office; and WHEREAS, the city council of the City of Elgin has determined that it is desirable to reduce the composition of the Liquor Control Commission to include the mayor and four members of the city council; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit is authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the control and regulation of alcoholic liquors within the City of Elgin and the composition of the city’s Liquor Control Commission 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 Section 6.06.020 of the Elgin Municipal Code, 1976, as amended, entitled “Liquor Control Commission Established; Composition” be and is hereby further amended by further amending subparagraph B thereof to read as follows: JULY 10, 2019 VOLUME LXXXIV 300 “B. The commission shall be composed of five (5) members and shall include the mayor and four (4) members of the city council. The mayor shall serve as chairman of the commission. The mayor, with the approval of the city council, shall appoint members of the city council to the commission for a term of two years.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after August 1, 2019, upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G31-19 PASSED AMENDING CHAPTER 10.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CHRONIC NUISANCE PROPERTY" Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G31-19 AN ORDINANCE AMENDING CHAPTER 10.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CHRONIC NUISANCE PROPERTY” WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to provide for the abatement of chronic nuisance properties within the City; and VOLUME LXXXIV JULY 10, 2019 301 WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each municipality may define, prevent and abate nuisances; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the definition of and abatement of chronic nuisance properties pertains to the government and affairs of the City of Elgin; and WHEREAS, properties used for the purpose of the commission of illegal acts are directly and indirectly injurious to the public health, safety, peace and welfare; WHEREAS, properties on which ongoing instances of illegal acts occurs encourage other unlawful activities, diminish property values in that area, and cause or threaten to cause danger to persons and/or properties in that area; and WHEREAS, the City Council of the City of Elgin has found previously and continues to find that properties on which ongoing instances of illegal acts occur constitute and are declared to be public nuisances that shall be abated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled “Chronic Nuisance Property,” Section 10.44.010 thereof, entitled “Abatement of Chronic Nuisance Properties,” be and is hereby amended to add a new Subsection 10.44.010.C, to read as follows: “C. Any other provision of this chapter notwithstanding, this chapter shall be interpreted and enforced in accordance with section 1-2-1.5 of the Illinois Municipal Code (65 ILCS 5/1-2-1.5), as amended, and shall not be construed in such a manner so as to penalize any tenant or landlord based upon calls for service for the activities or incidents that are set forth in said statute, as amended.” Section 2. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled “Chronic Nuisance Property,” Section 10.44.020 thereof, entitled “Definitions,” be and is hereby amended by amending subparagraph “S” under the definition of “Chronic Nuisance Property,” to read as follows: “S. Violations of subsection 9.40.470.A or subsection 16.12.020 sec. 302.4 of this code, as amended, relative to property care and maintenance.” JULY 10, 2019 VOLUME LXXXIV 302 Section 3. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled “Chronic Nuisance Property,” Section 10.44.020 thereof, entitled “Definitions,” be and is hereby amended by amending subparagraph “U” under the definition of “Chronic Nuisance Property,” to read as follows: “U. Violations of subsection 9.36.030, subsection 16.12.020 sec. 305.8, or subsection 16.12.020 sec. 308 et seq., of this code, as amended, relative to rubbish and garbage.” Section 4. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled “Chronic Nuisance Property,” Section 10.44.020 thereof entitled “Definitions,” be and is hereby amended to add subparagraph “BB” under the definition of “Chronic Nuisance Property,” to read as follows: “BB. Any offense defined and prohibited by the Drug Paraphernalia Control Act, 720 Illinois Compiled Statutes 600/1 et seq., as amended, or by Chapter 10.25, “Drug Paraphernalia Control”, of this title, as amended.” Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect immediately after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JULY 10, 2019 303 ORDINANCE G32-19 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AND CAR WASH IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1520 BIG TIMBER ROAD) Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G32-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AND CAR WASH IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1520 Big Timber Road) WHEREAS, written application has been made for a conditional use to establish an accessory package liquor sales and a car wash at 1520 Big Timber Road; and WHEREAS, the zoning lot with the building containing the premises at 1520 Big Timber Road 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, car washes [SR] (7542) 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 June 3, 2019, following due notice including 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 JULY 10, 2019 VOLUME LXXXIV 304 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. 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 3, 2019, 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 and a car wash is hereby granted for the property commonly known as 1520 Big Timber Road, which is part of the property commonly identified by Kane County Property Index Number 06-03-376-027, and legally described as follows: LOT 1 OF BIG TIMBER CORNER, BEING A SUBDIVISION OF PART OF THE EAST ½ OF THE SOUTHWEST ¼ OF SECTION 3, TOWNSHIP 41, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 1 ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 46 MINUTES 09 SECONDS EAST, 15.00 FEET; THENCE NORTH 45 DEGREES 13 MINUTES 13 SECONDS WEST, 21.38 FEED TO THE WEST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 40 MINUTES 17 SECONDS EAST, 15.00 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. (Commonly known as 1520 Big Timber Road) 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 Cunlin Qian for C+C Trading Group, as applicant and property owner, received January 18, 2019 and supporting documents including: a. Undated Statement of Purpose and Conformance from C&C Trading Group Inc., dated revised received May 30, 2019; b. ALTA/ACSM Land Title Survey, prepared by Professionals Associated Survey, Inc., dated August 4, 2016; and c. Undated Existing and Planned Floor Plans, dated received January 18, 2019, with such further revisions as required by the Community Development Director. VOLUME LXXXIV JULY 10, 2019 305 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 sale of any beer or malt products by the single container is not permitted. The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted. 3. Consumption of alcoholic beverages on the premises is not permitted. 4. All washing and or detailing of vehicles shall be conducted within the car wash bay area. No car washing or drying activities shall be conducted outside of the car wash bay. 5. All exterior street graphics must comply with the zoning ordinance requirements. 6. 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: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G33-19 PASSED GRANTING A CONDITIONAL USE FOR INDIVIDUAL AND FAMILY SOCIAL SERVICE ORGANIZATION IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (620 WING STREET, UNIT 3) Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 10, 2019 VOLUME LXXXIV 306 Ordinance No. G33-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR INDIVIDUAL AND FAMILY SOCIAL SERVICE ORGANIZATION IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (620 Wing Street, Unit 3) WHEREAS, written application has been made requesting conditional use approval to establish an in individual and family social service organization at 620 Wing Street, Unit 3; and WHEREAS, the zoning lot with the building containing the premises at 620 Wing Street is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the PGI Planned General Industrial District established by Ordinance No. G91-03, and individual and family social service is listed as a conditional use within the PGI Planned General Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on June 3, 2019, following due notice including 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 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 June 3, 2019, 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 LXXXIV JULY 10, 2019 307 Section 2. That a conditional use for individual and family social service organization is hereby granted for the property commonly known as 620 Wing Street, Unit 3, which is part of the property commonly identified by the Kane County Property Index Numbers 06-11-380-004, 06-11-380-006, 06-11-380-021, 06-11-380-020, and legally described as follows: LOT 9, EXCEPT THE WESTERLY 96.00 FEET, AND LOT 32 IN THE PLAT OF “SEARS ADDITION TO ELGIN” BEING A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION11, TOWNSHIP 41 NORTH, RANGE 8 EACH OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AT THE RECORDER’S OFFICE OF KANE COUNTY, MAY 21, 1889 PER DOCUMENT NO. 23279, SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (commonly known as 620 Wing Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 7. Substantial conformance to the Development Application submitted by Balance Stress Management & Therapy, as applicant, and Well Child Center, as property owner, received March 29, 2019, and supporting documents including: a. Balance Stress Management and Therapy Conditional Use – Statement of Purpose and Conformance, dated March 21, 2019; b. ALTA/ACSM Land title Survey Lot 32, Part of Lot 9, Elgin, Illinois, prepared by Landmark Engineering Group, dated August 12, 2009; and c. Undated two-page floor plans, received March 29, 2019, with such further revisions as required by the Community Development Director. 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. 8. The individual and family social service shall be restricted to Unit 3 within the property at 620 Wing Street, in substantial compliance to the: a. Undated two-page floor plans, received March 29, 2019, with such further revisions as required by the Community Development Director. 9. 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 JULY 10, 2019 VOLUME LXXXIV 308 Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G34-19 PASSED GRANTING A CONDITIONAL USE FOR A DANCE STUDIO AND SCHOOL (1025 NORTH RANDALL ROAD) Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G34-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DANCE STUDIO AND SCHOOL (1025 North Randall Road) WHEREAS, written application has been made requesting conditional use approval to establish a dance studio and school at 1025 North Randall Road; and WHEREAS, the zoning lot with the building containing the premises at 1025 North Randall Road 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 a dance studio and school is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on June 3, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and VOLUME LXXXIV JULY 10, 2019 309 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & 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 June 3, 2019, and the recommendations made by the Community Development Department and the Planning & 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 dance studio and school is hereby granted for the property commonly known as 1025 North Randall Road, which is part of the property commonly identified by Kane County Property Index Numbers 06-09-154-022, 06-09-154-023, 06-09-154-024, 06-09-154-025, 06-09-154-026, 06-09-154-028, 06-09-154-032, and 06-09-154-034, and legally described as follows: Parcel One: That part of lots 568 through 570 and lots 573 through 578 as designated up Valley Creek Unit No. 15, being a resubdivision of lots 565 and 566 Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the third principal meridian, bounded and described as follows, to-wit: beginning at the northwest corner of said lot 573; thence southeasterly along the curve north line of lots 573 through 578, said curve having a radius of 1218.94 feet and a central angle of 14 degrees 07 minutes 08 seconds (the chord of which bears south 49 degrees 09 minutes 21 seconds east, a distance of 299.61 feet) to a line which is 19.88 feet perpendicularly east of, and parallel with the west line of said lot 578; thence south 20 degrees 33 minutes 35 seconds west, parallel with the west line of said lot 578, a distance of 188.22 feet, to the north line of the northerly 120.00 feet of the southerly 314.50 feet of lots 573 through 578; thence north 69 degrees 26 minutes 25 seconds west, along said north line, a distance of 1.58 feet to a line which is 18.30 feet perpendicularly distant east of and parallel with the west line of said lot 578; thence south 20 degrees 33 minutes 35 seconds west, parallel with the East line of said lot 578, a distance of 120.00 feet to the north line of the southerly 194.50 feet of lots 573 through 578; thence north 69 degrees 26 minutes 25 seconds west, along said north line, a distance of 279.45 feet, to the west line of lots 570 through 568; thence north 20 degrees 33 minutes 35 seconds east, along said west line, a distance of 44.84 feet to a point which is 1.30 feet perpendicularly distant north of and parallel with the north line of said lot 570; thence north 69 degrees 26 minutes 25 seconds west, parallel with the north line of said lot 570, a distance of 130.13 feet; thence south 20 degrees 33 minutes 35 seconds west, parallel with the east line of said lots 569 and 570, a distance of 18.50 feet JULY 10, 2019 VOLUME LXXXIV 310 to a line which is 17.20 feet perpendicularly distant south of and parallel with the north line of lot 570; thence north 69 degrees 26 minutes 25 seconds west, parallel with the north line of said lot 570, a distance of 103.87 feet to the west line of the easterly 234.00 feet of lots 570 through 568; thence north 20 degrees 33 minutes 35 seconds east, parallel with the east line of said lots 570 through 568, a distance of 118.26 feet, to a line which is 39.06 feet perpendicularly distant north of and parallel with the north line of said lot 569; thence south 69 degrees 26 minutes 25 seconds east, parallel with the north line of said lot 569, a distance of 234.00 feet to the west line of said lot 573; thence north 20 degrees 33 minutes 35 seconds east, along the west line of said lot 573, a distance of 267.49 feet to the point of beginning, in the city of Elgin, Kane County, Illinois. Parcel Two: Sign easement for benefit of parcel one created by Valley Creek of Elgin, Inc., a Delaware corporation, and Richard L. Heimberg, as trustee under a trust agreement dated March 21, 1995, known as Fletcher Drive Trust No. 454, the sole beneficiary of which is Valley Creek of Elgin, Inc.. dated April 17, 1997 and recorded May 9, 1997 as document 97K029968 on and over: the northerly 20 feet of the westerly 20 feet of lots 570 of Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the third principal meridian, in the city of Elgin, Kane County, Illinois. Parcel Three: a non-exclusive easement for the benefit of parcel one as created by document dated March 20, 1997 and recorded May 9, 1997 as document 97K029969 by and between Wal-Mart Real Estate Business Trust, a Delaware Business Trust, successor in interest to Wal-Mart Stores, Inc., pursuant to an assignment dated October 31, 1996; Valley Creek of Elgin, Inc. a Delaware corporation and Richard L. Heimberg, as trustee under trust agreement dated March 21, 1995, and known as Fletcher Drive Trust No. 454; Amcore Trust Company, as trustee under trust agreement dated April 4, 1996 and known as trust number 700122 for the purposes of direct access for motor vehicle and pedestrian traffic to and from Royal Boulevard as contained in said document. Parcel Four: Integrated parking area easement agreement for the benefit of parcel one as created by document dated April 17, 1997 and recorded May 9, 1997 as document 97K029970 by and between Valley Creek of Elgin, Inc., a Delaware corporation and Richard L. Heimberg, as trustee under trust agreement dated March 21, 1995 and known as Fletcher Drive Trust No. 454 for the purposes contained in said document over the following described land: lots 568 through 572 inclusive, of Valley Creek Unit No. 15, being a resubdivision of lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the third principal meridian in the city of Elgin, Kane county, Illinois, excepting any part thereof lying within the following described parcels: (Parcel 1: the Southerly 194.50 feet of lot 573, as measured along the easterly line thereof, the southerly 194.50 of lots 574 through 577, inclusive, and the southerly 194.50 feet of the westerly 18.30 feet of lot 578, Also part of lots 569 through 572, inclusive, described as follows: beginning at the southeast corner of lot 572; thence north 69 degrees 26 minutes 25 seconds west, along the southerly line of said lot 572, a distance of 234.00 feet to a line that is parallel with the easterly line of lots 570 through 572, inclusive, thence north 20 degrees 33 minutes 35 seconds east, a distance of 158.50 feet to a line that is 17.20 feet, measured at right angles, southerly and parallel with the VOLUME LXXXIV JULY 10, 2019 311 northerly line of said lot 570; thence south 69 degrees 26 minutes 25 seconds east, along said parallel line, a distance of 103.87 feet to a line that is 130.13 feet, measured at right angles, westerly and parallel with the easterly line of said lot 570; thence north 20 degrees 33 minutes 35 seconds east, along said parallel line, a distance of 18.50 feet to a line that is 1.30 feet, measured at right angles, northerly and parallel with said northerly line of lot 570; thence south 69 degrees 26 minutes 25 seconds east, along said parallel lines, a distance of 130.13 feet to the easterly line of said lot 569; thence south 20 degrees 33 minutes 35 seconds west, along said easterly line of lots 569 through 572, a distance of 177.00 feet to the point of beginning, all being in Valley Creek Unit No. 15, being a resubdivision of lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the third principal meridian and parcel 2: The northerly 120 feet of the southerly 314.50 feet of lot 573, as measured along the easterly line thereof, the northerly 120.00 feet of the southerly 314.50 feet of lots 574 through 577, inclusive, and the northerly 120 feet of the southerly 314.50 feet of the westerly 18.30 feet of lot 578, also part of lots 569 and 570, described as follows: commencing at the southeast corner of lot 572; thence north 69 degrees 26 minutes 25 seconds west, along the southerly line of said lot 572, a distance of 234.00 feet to a line that is parallel with the easterly lines of lots 570 through 572, inclusive, thence north 20 degrees 33 minutes 35 seconds east a distance of 158.50 feet to a line that is 17.20 feet, measured at right angles, southerly and parallel with the northerly line of said lot 570 for the point of beginning; thence south 69 degrees 26 minutes 25 seconds east, along said parallel line, a distance of 103.87 feet to a line that is 130.13 feet, measured at right angles, westerly and parallel with the easterly line of said lot 570; thence north 20 degrees 33 minutes 35 seconds east, along said parallel line, a distance of 18.50 feet to a line that is 1.30 feet, measured at right angles, northerly and parallel with the said northerly line of lot 570; thence south 69 degrees 26 minutes 25 seconds east, along said parallel line a distance of 130.13 feet to the easterly line of said lot 569; thence north 20 degrees 33 minutes 35 seconds east, along said easterly line of lot 569, a distance of 59.00 feet to a line that is 1.70 feet, measured at right angles, southerly and parallel with the northerly line of said lot 569; thence north 69 degrees 26 minutes 25 seconds west, along said parallel line, a distance of 234.00 feet to a line that is parallel with said easterly line of lots 569 and 570 and passes through said point of beginning; thence south 20 degrees 33 minutes 35 seconds west, along said parallel line, a distance of 77.50 feet to the point of beginning, all being in Valley Creek Unit No. 15, being a resubdivision of lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the third principal meridian. Parcel Five: Utility and roadway easement agreement for the benefit of parcel one as created by document dated April 17, 1997 and recorded May 9, 1997 as document 97K029971 by and between Valley Creek of Elgin, Inc., a Delaware corporation and Richard L. Heimberg, as trustee under trust agreement dated March 21, 1995 and known as Fletcher Drive trust no. 454 as described is said agreement. Parcel Six: Non-exclusive utility easement and parking lot construction easement for the benefit of parcel one contained in and created by Declaration of Utility Easements and parking lot construction easement recorded May 14, 1999 as document 1999K048994. JULY 10, 2019 VOLUME LXXXIV 312 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 Duet Dance Academy, as applicant, and Schiller Management LLC-Series 17, as property owner, received May 9, 2019 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received May 9, 2019; b. Plat of Survey, prepared by Missman, Stanley & Associates, dated October 11, 1999; and c. Undated New Studio Plan, received May 8, 2019, with such further revisions as required by the Community Development Director. 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. 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 Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV JULY 10, 2019 313 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Heritage Commission- Design Review, June 11, 2019 Planning and Zoning Commission, May 6, 2019 Committee of the Whole, June 12, 2019 City Council Minutes, June 12, 2019 Hotel/Motel Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Powell, to adjourn the meeting and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) 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 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 The meeting adjourned at 8:29 p.m. s/ Kimberly Dewis July 24, 2019 Kimberly Dewis, City Clerk Date Approved 314 VOLUME LXXXIV JULY 24, 2019 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 24, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m. The Invocation was given by Minister Reggie Kee from the Kingdom Advancement Center and the Pledge of Allegiance was led by Aaron Cosentino, Director of Neighborhood Services and Aaron Neal, Public Works Superintendent. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JULY 10, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the July 10, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Joe and Armida Dominguez invited the public to attend Hopefest being held on July 27, 2019 at New Life Community Church. They also thanked the many sponsors of this event. Chuck Keysor commented on the proposed reconfiguration of the Walnut Avenue and South Street Intersection. Sue Webb thanked the city for the ongoing infrastructure improvements in the South West Area Neighborhood (SWAN). Frank Sibr thanked the Downtown Neighborhood Association for their Farmers Market. As a downtown business owner he noted an increase to his sales on the days the market is held. VOLUME LXXXIV JULY 24, 2019 315 BID 19-043 AWARDED TO BROTHERS ASPHALT PAVING, INC. FOR 2019 SWAN RESIDENTIAL RESURFACING CONSTRUCTION AWARD Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Brothers Asphalt Paving, Inc. in the amount of $2,060,213 for the completion of milling and resurfacing of approximately 3.6 miles of residential streets within the Southwest Area Neighborhood of the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-044 AWARDED TO MTJ SPORTS FOR LORDS PARK SOUTH TENNIS COURT CRACK SEAL AND ACRYLIC OVERLAY Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a contract to MTJ Sports in the amount of $25,400 to perform maintenance necessary to extend the useful life of the Lords Park tennis courts near the zoo. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 19-19 APPROVED FOR 2701-2801 GALVIN DRIVE FOR STORMWATER VARIATION FOR SIDE SLOPES OF STORMWATER DETENTION FACILITIES TO CONSTRUCT TWO SPECULATIVE OFFICE AND WAREHOUSING BUILDINGS Marc Mylott, Community Development Director, outlined Petition 19-19. The petition would allow for a storm water variation at the location. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 19-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 20-19 APPROVED FOR 1019 E. CHICAGO STREET FOR PLANNED DEVELOPMENT AS A MAP AMENDMENT TO ESTABLISH SCHOOL DISTRICT U- 46 BUS OPERATORS’ OFFICES WITH SCHOOL BUS PARKING AND OTHER ADMINISTRATIVE OFFICES Marc Mylott, Community Development Director, outlined Petition 20-19. The petition would grant a map amendment for school bus parking and administrative offices. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 20-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2019 VOLUME LXXXIV 316 PETITION 22-19 APPROVED FOR 1175 N. MCLEAN BOULEVARD FOR CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO CONSTRUCT A NEW RESTAURANT WITH A DRIVE-THROUGH SERVICE FACILITY Marc Mylott, Community Development Director, outlined Petition 22-19. The petition would grant a conditional use for a planned development for the construction of a restaurant with a drive through. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve Petition 22-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUTHORIZATION OF PAYMENT APPROVED TO TRINE CONSTRUCTION CORP. FOR EMERGENCY SANITARY SEWER REPAIRS AT 425 BALL STREET Councilmember Gavin made a motion, seconded by Councilmember Martinez, to authorize payment to Trine Construction Corp. in the amount of $35,939 for work related to emergency sanitary sewer repairs at 425 Ball Street. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. S4-19 and G35-19 through G38-19, as well as adopt Resolution Nos. 19-109 through 19-116 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-109 ADOPTED AUTHORIZING EXECUTION OF AN AMENDED LOAN AGREEMENT WITH LATINO TREATMENT CENTER FOR A NEW PAYMENT SCHEDULE Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 317 Resolution No. 19-109 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED LOAN AGREEMENT WITH LATINO TREATMENT CENTER FOR A NEW PAYMENT SCHEDULE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amended Loan Agreement on behalf of the City of Elgin with Latino Treatment Center for a new payment schedule, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-110 ADOPTED APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE NEIGHBORHOOD STABILIZATION PROGRAM Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2019 VOLUME LXXXIV 318 Resolution No. 19-110 RESOLUTION APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE NEIGHBORHOOD STABILIZATION PROGRAM WHEREAS, Title I of the Housing and Community Development Act of 1974 provides Community Development Block Grant (CDBG) funding to units of local government for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities; and WHEREAS, the CDBG Program is funded by the U.S. Department of Housing and Urban Development (HUD) and is to be implemented in a manner consistent with priorities and strategies identified in a Housing and Community Development Consolidated Plan; and WHEREAS, such a plan, covering a five-year period including Program Years 2015 through 2019, was prepared and made available for public comment as required by the Kane-Elgin Consortium's Citizen Participation Plan; and WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2019 in order for the City to qualify for an annual allocation of CDBG funds from HUD; and WHEREAS, it is desirable to amend an intergovernmental agreement with Kane County to provide for the proper administration and management of the City's CDBG Program (and Neighborhood Stabilization Program) during Program Year 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2019 Annual Action Plan, including the activities listed below, is hereby approved: 1. Southeast Area Street Improvements The City will resurface streets, make accessibility improvements to sidewalks, and correct minor drainage and sewer deficiencies in the Gifford Park-Southeast Area neighborhood. CDBG Funding: $450,000.00 Agency: City of Elgin Engineering Division VOLUME LXXXIV JULY 24, 2019 319 2. Roof Replacement Senior Services Associates will replace the roof on their office building in downtown Elgin. The agency delivers an array of social services to area seniors from the facility. CDBG Funding: $11,907.00 Agency: Senior Services Associates 3. Elgin Community Support Team Association for Individual Development (AID) will provide intensive wrap-around services to individuals with significant mental health challenges. This program is delivered in collaboration with the Elgin Police Department to specifically serve individuals who are homeless or at-risk of homelessness. CDBG Funding: $23,020.00 Agency: Association for Individual Development 4. Homeless Outreach and Engagement Ecker Center will provide case management services to homeless adults identified through Elgin’s FUSE initiative and other means. Services will include the collection of identifying information, assessment of mental status, treatment planning, case management/community support services, crisis services, and referrals for alcohol/substance abuse treatment. CDBG Funding: $18,391.00 Agency: Ecker Center for Mental Health 5. Day Shelter Services PADS of Elgin will provide daytime shelter services for homeless individuals, Monday through Friday, 9 am to 4 pm. This service will complement their existing overnight emergency shelter. CDBG Funding: $31,000.00 Agency: PADS of Elgin 6. Affordable Housing Fund The Affordable Housing Fund (AHF) will leverage multiple funding sources to support the preservation and creation of affordable housing for households with incomes at or below 80% of the area median income ($71,300 for a family of four). CDBG funds will be used to provide gap financing for the development of affordable rental and/or home- ownership projects funding for affordable housing activities within the City of Elgin. CDBG Funding: $263,892.00 Agency: Kane County Office of Community Reinvestment 7. Program Administration CDBG funds will be used to cover costs associated with the administration of the CDBG program, and expenses associated with administration of the Continuum of Care, which facilitates the award of state and federal funding to Elgin agencies that serve the homeless population. Lastly, funds will also cover the cost of completing the 2020 to 2024 Consolidated Plan. CDBG Funding: $148,950.00 JULY 24, 2019 VOLUME LXXXIV 320 Agency: Kane County Office of Community Reinvestment Section 2. That the above funding awards are conditioned on each agency's compliance with applicable HUD requirements, and satisfaction of conditions outlined in the attachment to the report and recommendation issued to the Mayor and Members of the City Council at the Committee of the Whole meeting of June 26, 2019. Section 3. That Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute such applications, agreements, certifications, reports, and other documents required by HUD, and to provide additional information and furnish such documents as may be required by HUD, to complete the activities described in the plans approved or amended herein. Section 4. That Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Amendment #3 to CDBG Program Management Intergovernmental Agreement on behalf of the City of Elgin with Kane County for program management services regarding the Community Development Block Grant Program and the Neighborhood Stabilization Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-111 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET RESURFACING PROGRAM-GIFFORD PARK AND NEAR SOUTHEAST AREA NEIGHBORHOODS PROJECT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 321 Resolution No. 19-111 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET RESURFACING PROGRAM-GIFFORD PARK AND NEAR SOUTHEAST AREA NEIGHBORHOODS PROJECT 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional services in connection with the 2019 Neighborhood Street Resurfacing Program-Gifford Park and Near Southeast Area Neighborhoods Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-112 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 COLLECTOR STREET RESURFACING PROGRAM Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2019 VOLUME LXXXIV 322 Resolution No. 19-112 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 COLLECTOR STREET RESURFACING PROGRAM 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Trotter and Associates, for professional services in connection with the 2019 Collector Street Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-113 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 323 Resolution No. 19-113 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Katy Holmes, Case No. 18 WC 4111, in the total amount of $106,910.00 is approved. BE IT FURTHER RESOLVED that the proposed settlement of the pending workers' compensation case of Wade LaTour, Case No. 16 WC 4993, in the total amount of $36,690.23 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-114 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-114 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Corey Dixon, Baldemar Lopez, Terry Gavin and Toby Shaw are hereby appointed as members of the Liquor Control Commission for terms that will expire on April 30, 2021. BE IT FURTHER RESOLVED that Len Govednik and Rebecca Hunter are hereby appointed as members of the Elgin Heritage Commission for a term that will expire May 1, 2022. JULY 24, 2019 VOLUME LXXXIV 324 BE IT FURTHER RESOLVED, that David Hudik and Thomas (Pat) Crawford are hereby reappointed as members of the Emergency Telephone System Board (E-911) for terms that will expire May 1, 2022. BE IT FURTHER RESOLVED, that Colin Fleury is hereby appointed as a member of the Emergency Telephone System Board (E-911) for a term that will expire on May 1, 2021. BE IT FURTHER RESOLVED, that Jamie Fleisner is hereby appointed as a member of the Emergency Telephone System Board (E-911) for a term that will expire on May 1, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-115 ADOPTED AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT WITH SHODEEN CONSTRUCTION COMPANY, LLC IN CONNECTION WITH THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION IMPROVEMENT PROJECT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-115 RESOLUTION AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT WITH SHODEEN CONSTRUCTION COMPANY, LLC IN CONNECTION WITH THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Cost Sharing Agreement on behalf of the City of Elgin with Shodeen Construction Company, LLC, in connection with the U.S. Route 20 and Reinking Road VOLUME LXXXIV JULY 24, 2019 325 Intersection Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-116 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH MORNINGSIDE CAPITAL, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, SUSAN L. METZGER, AS TRUSTEE OF THE SUSAN L. METZGER TRUST DATED JUNE 6, 2002 AND MARY G. METZGER, AS TRUSTEE OF THE GEORGE G. METZGER AND MARY G. METZGER REVOCABLE TRUST DATED NOVEMBER 16, 1998 (1620 VILLA STREET, ELGIN, ILLINOIS) Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-116 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH MORNINGSIDE CAPITAL, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, SUSAN L. METZGER, AS TRUSTEE OF THE SUSAN L. METZGER TRUST DATED JUNE 6, 2002 AND MARY G. METZGER, AS TRUSTEE OF THE GEORGE G. METZGER AND MARY G. METZGER REVOCABLE TRUST DATED NOVEMBER 16, 1998 (1620 Villa Street, Elgin, Illinois) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and JULY 24, 2019 VOLUME LXXXIV 326 WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S4-19 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1620 VILLA STREET) Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 327 Ordinance No. S4-19 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1620 Villa Street) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are hereby annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 JULY 24, 2019 VOLUME LXXXIV 328 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (commonly known as 1620 Villa Street). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Cook County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G35-19 PASSED RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 VILLA STREET) Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 329 Ordinance No. G35-19 AN ORDINANCE RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 2019 following due notice including 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 classifying certain territory 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 May 6, 2019, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: JULY 24, 2019 VOLUME LXXXIV 330 The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District the following described property: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (commonly known as 1620 Villa Street), and Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PNB Planned Neighborhood Business District, which shall be designed, developed, and operated subject to the following provisions: VOLUME LXXXIV JULY 24, 2019 331 A. Purpose and Intent. The purpose of the PNB Planned Neighborhood Business District is to provide for planned commercial areas supplying daily convenience commodities and services to a neighborhood population, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. The scale of development of a PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. A PNB zoning district is most similar to, but departs from the standards requirements of the NB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended. E. Location and Size of District. PNB Planned Neighborhood Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PNB Planned Neighborhood Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PNB Planned Neighborhood Business District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the NB Neighborhood Business District, Section 19.35.330 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the NB Neighborhood Business District, Section 19.35.330 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. JULY 24, 2019 VOLUME LXXXIV 332 3. Similar Uses. Those land uses enumerated as similar uses within the NB Neighborhood Business District, Section 19.35.330 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. G. Site Design. In this PNB Planned Neighborhood Business 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 19.35.335 “Site Design” for NB Neighborhood Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application submitted by Everclean CW, as applicant, and Susan Metzger, as property owner, received February 15, 2019, and supporting documents including: a. “Statement of Purpose and Conformance for a new development at NWC of Lake Street and Lambert Lane, Unincorporated Elgin” letter, prepared by Thomas Kim, Manager, Everwash, dated October 18, 2018; b. “Conditional Use Statement of Purpose and Conformance” letter, prepared by Thomas Kim, Manager, Everwash, dated October 15, 2018; c. Alta/NSPS Land Title Survey, prepared by Engineering Enterprises, Inc., dated March 28, 2018; d. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by Engineering Enterprises, Inc., dated June 18 2019, with such further revisions as required by the City Engineer; e. Final Plat of Morningside Point Subdivision, prepared by Engineering Enterprises, Inc., dated October 25, 2018, last revised May 28, 2019, with such further revisions as required by the City Engineer; f. Site Plan & Geometric Plan, prepared by Haeger Engineering, dated May 10, 2019, with such further revisions as required by the Community Development Director; g. Landscape Plan, prepared by Ringers Landscape Services, Inc., dated July 16, 2018, last revised May 12, 2019, with such further revisions as required by the Community Development Director; h. Site Photometric and Lighting Plan, prepared by Haeger Engineering, dated July 1, 2019, with such further revisions as required by the Community Development Director; i. XSP2 LED Street/Area Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; j. XSPW LED Wall Mount Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; k. Everclean Carwash plans, prepared by Barker/Nestor Architecture + Design, dated May 15, 2019, with such further revisions as required by the Community Development Director; VOLUME LXXXIV JULY 24, 2019 333 l. Site Plan and Geometric Plan, Sheet 10 of 10, with signage notations, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised March 6, 2019, with such further revisions as required by the Community Development Director; m. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; and n. Car Wash Development Site Development Plan 1620 Villa Street, Elgin , Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such further revisions as required by the City Engineer; 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. A departure is hereby granted to allow the construction of the building with no masonry material on all building elevations. 3. The exterior of the refuse enclosure shall match the exterior material of the building. 4. All exterior site lighting shall be installed in compliance with Chapter 19.13, “Outdoor Lighting”, of the Elgin Municipal Code, as amended. 5. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PNB Planned Neighborhood Business District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. 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”, of the Elgin Municipal Code, as amended. J. Signs. In this PNB Planned Neighborhood Business District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. A departure is hereby granted to allow three wall graphics on the building. 2. A departure is hereby granted to allow a total of four directional graphics. The directional graphics at the driveway entrances/exits to the site, and the proposed directional graphic for “Free Vacuums” must include a masonry base which matches the masonry base of the main monument graphic. The proposed “1A JULY 24, 2019 VOLUME LXXXIV 334 Illuminated Go-Go Sign” graphic is not required to have a masonry base. All directional graphics shall be maximum three feet high and two square feet in area (not including the base). 3. A departure is hereby granted to allow a total of six drive-through facility graphics. The “Lane Menu Towers” graphics adjacent to the drive-through pay- lanes are not required to have a masonry base, and must be constructed in substantial compliance with the following: a. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; 4. Any type of portable graphics, including “Windmaster Signs” are not permitted. K. Nonconforming Uses and Structures. In this PNB Planned Neighborhood Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. L. Amendments. In this PNB Planned Neighborhood Business District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended. M. Planned Developments. In this PNB Planned Neighborhood Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PNB zoning district. N. Conditional Uses. In this PNB Planned Neighborhood Business District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PNB zoning district. O. Variations. In this PNB Planned Neighborhood Business District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PNB zoning district. VOLUME LXXXIV JULY 24, 2019 335 P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G36-19 PASSED GRANTING A CONDITIONAL USE FOR A CAR WASH IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 VILLA STREET) Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G36-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CAR WASH IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) WHEREAS, written application has been made requesting conditional use approval to establish a car wash at 1620 Villa Street; and WHEREAS, the zoning lot with the building containing the premises at 1620 Villa Street is legally described herein (the “Subject Property”); and JULY 24, 2019 VOLUME LXXXIV 336 WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District established by Ordinance No. G35-19, and a car wash is listed as a conditional use within the PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 2019, following due notice including 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 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 May 6, 2019, 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 car wash is hereby granted for the property commonly known as 1620 Villa Street, and commonly identified by Cook County Property Index Numbers 06-20-400-008-0000, 06-29-201-004-0000, and 06-29-200-006-0000., and legally described as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 VOLUME LXXXIV JULY 24, 2019 337 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS (commonly known as 1620 Villa Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 6. Substantial conformance to the Development Application submitted by Everclean CW, as applicant, and Susan Metzger, as property owner, received February 15, 2019, and supporting documents including: a. “Statement of Purpose and Conformance for a new development at NWC of Lake Street and Lambert Lane, Unincorporated Elgin” letter, prepared by Thomas Kim, Manager, Everwash, dated October 18, 2018; b. “Conditional Use Statement of Purpose and Conformance” letter, prepared by Thomas Kim, Manager, Everwash, dated October 15, 2018; c. Alta/NSPS Land Title Survey, prepared by Engineering Enterprises, Inc., dated March 28, 2018; d. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by Engineering Enterprises, Inc., dated June 18 2019, with such further revisions as required by the City Engineer; JULY 24, 2019 VOLUME LXXXIV 338 e. Final Plat of Morningside Point Subdivision, prepared by Engineering Enterprises, Inc., dated October 25, 2018, last revised May 28, 2019, with such further revisions as required by the City Engineer; f. Site Plan & Geometric Plan, prepared by Haeger Engineering, dated May 10, 2019, with such further revisions as required by the Community Development Director; g. Landscape Plan, prepared by Ringers Landscape Services, Inc., dated July 16, 2018, last revised May 12, 2019, with such further revisions as required by the Community Development Director; h. Site Photometric and Lighting Plan, prepared by Haeger Engineering, dated July 1, 2019, with such further revisions as required by the Community Development Director; i. XSP2 LED Street/Area Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; j. XSPW LED Wall Mount Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; k. Everclean Carwash plans, prepared by Barker/Nestor Architecture + Design, dated May 15, 2019, with such further revisions as required by the Community Development Director; l. Site Plan and Geometric Plan, Sheet 10 of 10, with signage notations, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised March 6, 2019, with such further revisions as required by the Community Development Director; m. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; and n. Car Wash Development Site Development Plan 1620 Villa Street, Elgin , Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such further revisions as required by the City Engineer; 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. 7. A departure is hereby granted to allow the construction of the building with no masonry material on all building elevations. 8. A departure is hereby granted to allow three wall graphics on the building. 9. A departure is hereby granted to allow a total of four directional graphics. The directional graphics at the driveway entrances/exits to the site, and the directional graphic for “Free Vacuums” must include a masonry base which matches the masonry base of the main monument graphic. The proposed “1A Illuminated Go-Go Sign” graphic is not required to have a masonry base. All directional graphics shall be maximum three feet high and two square feet in area (not including the base). VOLUME LXXXIV JULY 24, 2019 339 10. A departure is hereby granted to allow a total of six drive-through facility graphics. The “Lane Menu Towers” graphics adjacent to the drive-through pay-lanes are not required to have a masonry base, and must be constructed in substantial compliance with the following: a. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; 11. Any type of portable graphics, including “Windmaster Signs” are not permitted. 12. The exterior of the refuse enclosure shall match the exterior material of the building. 13. All exterior site lighting shall be installed in compliance with Chapter 19.13, “Outdoor Lighting”, of the Elgin Municipal Code, as amended. 14. 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: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G37-19 PASSED AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, "CITY COUNCIL" Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2019 VOLUME LXXXIV 340 Ordinance No. G37-19 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" WHEREAS, the city council of the City of Elgin has determined that it is desirable to provide for certain amendments to city council rules regarding the procedures for recognized persons present which allows for public comment at city council meetings; 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 affairs; and WHEREAS, city council rules of procedure relating to public comment at city council meetings pertains to the government affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.08.070 of the Elgin Municipal Code, 1976, as amended, entitled "Agenda and Order of Business:" be and is hereby further amended by adding subparagraph G thereof by amending the text therein from "Recognition of persons present" to "Public Comments". Section 2. That Section 2.08.080 of the Elgin Municipal Code, 1976, as amended, entitled "Rules of Procedure:" be and is hereby further amended by amending subparagraph CC thereof to read as follows: "CC. Persons wishing to address the city council may do so as provided in this section. Any such persons wishing to address the city council shall register on signup sheets furnished by the city clerk prior to the meeting. The first signup sheet is for persons wishing to speak on items not on the current meeting's city council agenda. Those speakers will be called to the podium during the Public Comments section of the agenda. The second signup sheet is for persons wishing to speak on matters appearing on the current city council agenda. Those speakers will be called to the podium when the agenda item such person wishes to speak on is being considered by the city council. Such signup sheets shall include identification of the speaker's name and the subject matter(s) to be addressed by the speaker. Each speaker should begin by first clearly stating his or her name. Speakers may also provide a home or business address if so desired. Speakers shall be heard in the order of registration and shall be limited to three (3) minutes, and the total time allocated for all speakers shall not exceed thirty (30) minutes at each meeting. Persons shall not be permitted to assign time to another speaker. The city clerk shall monitor the time for each speaker and the total time allotted for all speakers and shall advise the speakers and the city council when any time limits have expired. Speakers who have registered for the Public Comments section of the agenda to address matters not on the current VOLUME LXXXIV JULY 24, 2019 341 city council agenda, but who are not permitted to speak because of the lapse of time shall be granted time, to speak after Miscellaneous Business. These procedures will also apply to any Public Comments section on a city council committee of the whole meeting." Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G38-19 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 Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G38-19 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: JULY 24, 2019 VOLUME LXXXIV 342 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 subparagraph H thereof to read as follows: "H. The number of class B-4 licenses shall not exceed six (6) 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: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, June 10, 2019 Emergency Telephone System Board, March 21 and June 20, 2019 Foreign Fire Insurance Board, April 8, 2019 Board of Fire and Police Commissioners, Various Dates Heritage Commission – Design Review Subcommittee, June 25, 2019 Committee of the Whole, June 26, 2019 City Council Minutes, June 26, 2019 Natural Gas Tax Revenue Disbursement Report VOLUME LXXXIV JULY 24, 2019 343 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Lopez made a motion, seconded by Councilmember Martinez, to adjourn the meeting and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Pending, Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body Before a Court or Administrative Tribunal - Exempt Under Section 120/2(c)(11) of the Open Meetings Act t 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 The meeting adjourned at 7:48 p.m. s/ Kimberly Dewis August 14, 2019 Kimberly Dewis, City Clerk Date Approved 344 AUGUST 14, 2019 VOLUME LXXXIV 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 14, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:16 p.m. The Invocation was given by Ed Hunter, Chaplain for the Elgin Police Department and the Pledge of Allegiance was led by State Representative Anna Moeller. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JULY 24, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Lopez made a motion, seconded by Councilmember Shaw, to approve the July 24, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Elgin Earth Month Resolution State Representative Anna Moeller presented the City of Elgin with House Resolution No. 303 declaring April 2019 as Elgin Earth Month, for the sustainability efforts and environmental activism promoted within the city. It was accepted by Mayor Kaptain on behalf of the city. RECOGNIZE PERSONS PRESENT George Rawlinson provided professional and personal background to Karen Beyer and Gretchen Vapner for their contributions to the community and congratulated them on their retirement. Mayor Kaptain read the following proclamations in their honor: VOLUME LXXXIV AUGUST 14, 2019 345 Proclamation of Appreciation for Karen Beyer PROCLAMATION WHEREAS, the City of Elgin hereby expresses special recognition to Karen Beyer and to honor her for her distinguished fifty-three year career in social services; and WHEREAS, Beyer began her career as a child caseworker, later serving as a therapist for Lutheran Social Services and after earning a master's degree in social work from Loyola University, she became clinical director for the Family Service Association of the Greater Elgin Area; and WHEREAS, In 1983, Ms. Beyer became clinical director of health and human services for Hoffman Estates where she defended the right of privacy in a landmark U.S. Supreme Court case and also was a pioneer for the advocacy of employee assistance programs; and WHEREAS, After earning another master's degree in public administration from Roosevelt University, she was hired as executive director of The Larkin Center group homes in Elgin, where she increased fundraising and developed new programs; and WHEREAS, Beyer has served at the Ecker Center since 2000, helping steer the mental health facility through many challenges, such as the increasing number and needs of its clients as well as working within the guidelines of ObamaCare. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois urge all citizens to join me in congratulating Karen Beyer on her fifty-three year career and her dedication to helping those in need of social services and extend to her our sincere appreciation for her dedication to the Ecker Center and the community of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of August, 2019. David J. Kaptain Mayor Proclamation of Appreciation for Gretchen Vapner PROCLAMATION WHEREAS, the City of Elgin hereby expresses special recognition to Gretchen Vapner and to honor her for her distinguished forty-four years of employment with the Community Crisis Center; and WHEREAS, Vapner began working in the 1970’s for the Community Crisis Center that offers crisis hotline, temporary shelter for about 40 people -- mostly women and children -- in AUGUST 14, 2019 VOLUME LXXXIV 346 crisis, domestic violence and sexual assault programs, a food pantry and medical, legal and financial assistance, among other things; and WHEREAS, Under Vapner’s leadership, the Crisis Center has grown from 5 employees with a budget of $40,000 in 1975 to its current 68 employees with a budget of $2.8 million, has relocated to a larger building, expanded its programs and created one of the state's first abuser treatment programs for men; and WHEREAS, Vapner’s participated in the creation of the 1986 Illinois Domestic Violence Act by utilizing the mindset that no matter what the obstacles, they could be overcome; and WHEREAS, Upon Vapnar’s retirement in June, the board honored her by renaming the center the Gretchen S. Vapnar Community Crisis Center. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois urge all citizens to join me in congratulating Gretchen Vapnar on her forty-four years of dedication to helping those suffering from domestic violence and extend to her our sincere appreciation for her dedication to the Crisis Center and the community of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of August, 2019. David J. Kaptain Mayor Jennifer Fukala, from the Downtown Neighborhood Association, she provided information and encouraged the community to come out to Elgin’s Watch Factory Neighborhood on August 17, 2019 from 8:00 a.m. to Noon to participate in NeighborWorks Day. Marco Aguilar asked the Council to consider modifying the Elgin Municipal Code to allow people with three dogs to foster a fourth animal if they choose to promote animal rescue and adoption. Jose Bosque expressed his concerns regarding the investigation and employment Officer Jensen. BID 19-045 AWARDED TO SCHROEDER ASPHALT SERVICES, INC. FOR MISCELLANEOUS SITE IMPROVEMENTS AT SLADE WATER METER SHOP AND AIRLITE WATER TREATMENT PLANT Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a contract to Schroeder Asphalt Services, Inc. in the amount of $438,007 to improve site conditions at the Slade Water Meter Shop and Airlite Water Treatment Plant by repairing deteriorating driveways, parking lots, sidewalks, drainage areas and retaining walls. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV AUGUST 14, 2019 347 BID 19-047 AWARDED TO ORANGE CRUSH, LLC FOR CONSTRUCTION AWARD FOR RESIDENTIAL RESURFACING OF CLIFFORD-OWASCO/WING PARK Councilmember Steffen made a motion, seconded by Councilmember Powell, to award a contract to Orange Crush, LLC in the amount of $1,942,605 for the completion of milling and resurfacing of approximately 2.1 miles of residential streets within the Clifford-Owasco and Wing Park neighborhoods of the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G43-19 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" BY ADDING NEW PROVISIONS THERETO RELATING TO A DOWNTOWN FARMERS MARKET EVENT PERMIT Councilmember Gavin made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Martinez and Shaw. Ordinance No. G43-19 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BY ADDING NEW PROVISIONS THERETO RELATING TO A DOWNTOWN FARMERS MARKET EVENT PERMIT WHEREAS, the city council of the City of Elgin has determined that it is desirable to create a downtown farmers market event permit to authorize the sale and consumption of alcoholic liquors during and in conjunction with the downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit is authorized to exercise any power and to perform any function pertaining to its government affairs; and WHEREAS, the control and regulation of alcoholic liquors within the City of Elgin and the sale and consumption of alcoholic liquor in certain public areas during and in conjunction with the downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin pertains to the governmental affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: AUGUST 14, 2019 VOLUME LXXXIV 348 Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers” be and is hereby further amended by adding a new Section 6.06.059.2 thereto entitled “Downtown Farmers Market Event Permit” to read as follows: “6.06.059.2: DOWNTOWN FARMERS MARKET EVENT PERMIT: There is established an annual permit to allow the retail sale of alcoholic liquor for consumption at the downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin. Downtown farmers market events permits shall be subject to the following: A. Applications for a downtown farmers market event permit shall be executed by the liquor license holder and submitted to the city clerk. B. A downtown farmers market event permit shall be an annual permit and shall authorize for the calendar year in which it is issued alcoholic liquor sales during and in conjunction with downtown farmers markets events sponsored by the Downtown Neighborhood Association of Elgin and scheduled on Fridays. C. A downtown farmers market event permit shall be issued only to licensees with a currently issued and valid liquor license issued by the City of Elgin Local Liquor Control Commission for a licensed premises located within the area of the downtown farmers market event consisting of South Grove Avenue from DuPage Court to Spring Street and DuPage Court from South Grove Avenue to Spring Street. D. A downtown farmers market event permit shall authorize the permit holder licensee to conduct alcoholic liquor sales from inside the licensed premises or on the public sidewalk adjacent to the licensed premises or on the portion of DuPage Court adjacent to the licensed premises during the hours of the sponsored downtown farmers market event. Consumption of the alcoholic liquors sold by such permit holder licensee is authorized both on the licensed premises and off premises on the public streets and sidewalks within the boundaries of the sponsored downtown farmers market event consisting of South Grove Avenue from DuPage Court to Spring Street and DuPage Court from South Grove Avenue to Spring Street. E. The exterior sale of alcoholic liquor and the off premises consumption of alcoholic liquor pursuant to a downtown farmers market event permit shall be limited to the hours of the downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin, but in any event shall be limited to such downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin on Fridays in the months of June through October from 3:00 p.m. to 7:00 p.m. VOLUME LXXXIV AUGUST 14, 2019 349 F. The permit holder licensee of a downtown farmers market event permit shall require identification and issue wristbands in connection with the sale alcoholic liquor and the off premises consumption of alcoholic liquor to ensure that the sale and consumption of alcoholic liquor is limited to persons twenty-one (21) years of age and older. The permit holder licensee of a downtown farmers market event permit shall also advise its customers purchasing alcoholic liquor at the downtown farmers market event that the off premises consumption of alcoholic liquor is limited to the public streets and sidewalks within the boundaries of the sponsored downtown farmers market event. G. The permit holder licensee of a downtown farmers market event permit shall be permitted to temporarily place tables, chairs and equipment associated with the sale of alcoholic liquors on the public sidewalk adjacent to the licensed premises or on the portion of DuPage Court adjacent to the licensed premises during the hours of the sponsored downtown farmers market event. Set up and removal of such tables, chairs and equipment from public property shall occur no earlier than one hour before and no later than one hour after the scheduled hours of the sponsored downtown farmers market event, but in any event such temporary setup of tables, chairs and equipment on public property shall be limited to such downtown farmers market events sponsored by the Downtown Neighborhood Association of Elgin on Fridays during the months of June through October from the hours of 2:00 p.m. to 8:00 p.m. The temporary placement and use of such tables, chairs and equipment shall not damage any public property, shall not obstruct pedestrian traffic and shall not otherwise present a hazard to public health and safety. H. Proof of dramshop insurance verifying coverage for the downtown farmers market event shall be provided by the licensee prior to the issuance of a downtown farmers market event permit. I. The application for a downtown farmers market event permit shall include an agreement by the licensee in a form approved by the corporation counsel whereby the permit holder licensee agrees to and shall indemnify and hold the City of Elgin harmless for all claims and damages relating to the permit holder and licensee’s participation in and sale of alcoholic liquors during and in conjunction with the sponsored downtown farmers market event. J. The annual fee for a downtown farmers market event permit shall be $25.00” Section 2. At Section 6.06.095 of the Elgin Municipal Code, 1976, as amended, entitled “Application; Meeting; Notice:” be and is hereby further amended by amending subparagraph G thereof to read as follows: “The Chairman of the Local Liquor Commission may, upon proper application showing conformance with all legal requirements, grant Class H, I and K-1 licenses and outside event, special event and downtown farmers market event permits without conducting a public hearing thereof. In the event the Chairman of the Local Liquor Commission declines AUGUST 14, 2019 VOLUME LXXXIV 350 to grant an application for a Class H, I or K-1 license or an outside event special event or downtown farmers market event permit, then such application shall be submitted to the Local Liquor Control Commission for a public hearing and consideration provided in this chapter.” Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Passed: August 14, 2019 Vote: Yeas: 7 Nays: 2 Recorded: August 14, 2019 Published: August 16, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENTS – HIGH VOLTAGE MAINTENANCE EMERGENCY TRANSFORMER REPAIRS Councilmember Shaw made a motion, seconded by Councilmember Lopez, to authorize payment to High Voltage Maintenance in the amount of $27,881 for work related to emergency transformer repairs to ensure reliability of power for water treatment and pumping. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Lopez, to pass Ordinance Nos. G39-19 through G42-19 and adopt Resolution Nos. 19-117 through 19-121 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV AUGUST 14, 2019 351 RESOLUTION 19-117 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR AUTOMATED FIRE STATION ALERTING INTERFACE Councilmember Steffen made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-117 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR AUTOMATED FIRE STATION ALERTING INTERFACE 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 First Amendment Agreement on behalf of the City of Elgin with Tyler Technologies, Inc., for automated fire station alerting interface, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Adopted: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-118 ADOPTED AUTHORIZING EXECUTION OF A JOINT PURCHASING BASED AGREEMENT WITH US DIGITAL DESIGNS, INC. FOR AN AUTOMATED FIRE STATION ALERTING SYSTEM Councilmember Steffen made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUGUST 14, 2019 VOLUME LXXXIV 352 Resolution No. 19-118 RESOLUTION AUTHORIZING EXECUTION OF A JOINT PURCHASING BASED AGREEMENT WITH US DIGITAL DESIGNS, INC. FOR AN AUTOMATED FIRE STATION ALERTING SYSTEM 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 a Joint Purchasing Based Agreement on behalf of the City of Elgin with US Digital Designs, Inc., for an automated fire station alerting system, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Adopted: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-119 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 STREET RESURFACING PROGRAM – SWAN Councilmember Steffen made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV AUGUST 14, 2019 353 Resolution No. 19-119 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 STREET RESURFACING PROGRAM – SWAN 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc., for professional services in connection with the 2019 Street Resurfacing Program – SWAN, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Adopted: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-120 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH O'BRIEN & GERE ENGINEERS, INC. FOR ENVIRONMENTAL INVESTIGATION AND REMEDIATION DESIGN AND BIDDING SERVICES FOR ENVIRONMENTAL REMEDIATION SERVICES REGARDING THE CITY-OWNED PROPERTY LOCATED AT 40 ANN STREET Councilmember Steffen made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUGUST 14, 2019 VOLUME LXXXIV 354 Resolution No. 19-120 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH O'BRIEN & GERE ENGINEERS, INC. FOR ENVIRONMENTAL INVESTIGATION AND REMEDIATION DESIGN AND BIDDING SERVICES FOR ENVIRONMENTAL REMEDIATION SERVICES REGARDING THE CITY-OWNED PROPERTY LOCATED AT 40 ANN 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 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 O'Brien & Gere Engineers, Inc. for environmental investigation and remediation design and bidding services for environmental remediation services regarding the city-owned property located at 40 Ann Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Adopted: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-121 ADOPTED APPROVING SETTLEMENTS OF CERTAIN CLAIMS Councilmember Steffen made a motion, seconded by Councilmember Lopez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV AUGUST 14, 2019 355 Resolution No. 19-121 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 Susan Witkov which includes payment in the total amount of $22,000 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Adopted: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G39-19 PASSED AMENDING CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Steffen made a motion, seconded by Councilmember Lopez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G39-19 AN ORDINANCE AMENDING CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to provide for certain amendments to regulations relating to appointments for members of the city's police department; and AUGUST 14, 2019 VOLUME LXXXIV 356 WHEREAS, procedures relating to appointments for members of the city's police department pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, entitled "Duties; Appointments; Exceptions:" be and is hereby further amended by amending subparagraph I thereto to read as follows: “I. Except as hereinafter provided, no person shall be appointed to the police department if he or she does not possess a bachelor's degree from an accredited college or university. Applicants for a position in the police department who have successfully completed and obtained sixty (60) hours of college credit with an accredited college or university and who are: 1) persons who have engaged in the military service of the United States for a period of at least three (3) years of active duty; 2) persons who are currently employed as full time sworn officers of a regular police department in any municipal, county, university or state law enforcement agency with at least three (3) years of full time police experience; 3) persons who are currently employed full time with the City of Elgin with at least three (3) years' full time employment with the city; 4) persons who have participated in the Elgin Police Department Explorer Program with at least four (4) years of participation in such program and with not less than four hundred (400) hours of volunteer time in such program; or 5) persons who have graduated from Elgin Community College with an associate’s degree of applied science in criminal justice, may be considered for appointment to active duty with the police department.” 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 upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Passed: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 14, 2019 Published: August 16, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV AUGUST 14, 2019 357 ORDINANCE G40-19 PASSED AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G36-16 (2701-2801 GALVIN DRIVE) Councilmember Steffen made a motion, seconded by Councilmember Lopez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G40-19 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G36-16 (2701-2801 Galvin Drive) WHEREAS, the territory herein described has been classified in the PORI Planned Office Research Industrial District and is subject to the requirements of Ordinance No. G36-16; and WHEREAS, written application has been made to amend PORI Planned Office Research Industrial District Ordinance G36-16 to grant a variation from the stormwater ordinance requirements regarding the maximum side slope of stormwater detention facilities; and WHEREAS, the zoning lot containing the property commonly referred to as 2701-2801 Galvin Drive is legally described within Ordinance No. G36-16 (and hereinafter referred to as the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on July 1, 2019, following due notice including 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 PORI Planned Office Research Industrial District pertains to the government and affairs of the city. AUGUST 14, 2019 VOLUME LXXXIV 358 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 1, 2019, 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. k. g. Tree Preservation of Ordinance No. G36-16, is hereby deleted in its entirety. Section 3. That Section 3. G. k. Additional Site Design Requirements of Ordinance No. G36-16, is hereby amended to include the following additional requirement: g. A variation from the stormwater ordinance is hereby granted to allow the installation of stormwater detention facilities with 3:1 side slopes. Section 4. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G36-16. In the event of any conflict between this ordinance and Ordinance No. G36-16, this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Passed: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 14, 2019 Published: August 16, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV AUGUST 14, 2019 359 ORDINANCE G41-19 PASSED RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO A PAB PLANNED AREA BUSINESS DISTRICT (1019 EAST CHICAGO STREET) Councilmember Steffen made a motion, seconded by Councilmember Lopez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G41-19 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO A PAB PLANNED AREA BUSINESS DISTRICT (1019 East Chicago Street) WHEREAS, written application has been made to reclassify certain property located at 1019 E Chicago Street from CI Commercial Industrial District to PAB Planned Area Business District; and WHEREAS, the zoning lot with the building containing the premises at 1019 East Chicago Street is legally described herein (the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on July 1, 2019, following due notice including 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 planned development as a map amendment from CI Commercial Industrial District to a PAB Planned 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: AUGUST 14, 2019 VOLUME LXXXIV 360 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 1, 2019, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PAB Planned Area Business District the following described property: THAT PART OF LOT 8 OF THE PLAT OF THE COUNTY CLERK'S SUBDIVISION OF UNSUBDIVIDED LOTS IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 19 WITH THE WESTERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 8, A DISTANCE OF 150.00 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 19, A DISTANCE OF 150.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 8, A DISTANCE OF 150.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 19; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 521.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 18, AFORESAID, A DISTANCE OF 150.00 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE SOUTHEASTERLY RIGHT OF WAY OF STATE ROUTE 19, A DISTANCE OF 150.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 18, AFORESAID, A DISTANCE OF 440.00 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE EXTENDED EASTERLY OF THE SOUTHWEST QUARTER OF SECTION 18 AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 618.2 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 306.36 FEET; THENCE NORTHERLY, A DISTANCE OF 405.43 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. (commonly known as 1019 East Chicago Street), and Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI Commercial Industrial District to PAB Planned Area Business District at 1019 East Chicago Street which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances VOLUME LXXXIV AUGUST 14, 2019 361 to a community-wide or regional supporting population, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB Planned Area Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PAB Planned Area Business District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the AB Area Business District, Section 19.35.430 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the AB Area Business District, Section 19.35.430 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 3. Similar Uses. Those land uses enumerated as similar uses within the AB Area Business District, Section 19.35.430 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. G. Site Design. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site AUGUST 14, 2019 VOLUME LXXXIV 362 Design”, of the Elgin Municipal Code, as amended, Section 19.35.435 “Site Design” for AB Area Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application submitted by School District U-46, as applicant, and property owner, received May 16, 2019, and supporting documents including: a. 1019 Chicago Street Zoning Change Application Letter, dated June 27, 2019, from Hampton, Lenzini and Renwick, Inc.; b. Undated Application for Map Amendment Statement of Purpose and Conformance, received June 14, 2019; c. Plat of Survey, prepared by Hampton, Lenzini and Renwick, Inc., dated March 12, 2019; d. Zoning Exhibit, prepared by Hampton, Lenzini and Renwick, Inc., dated February 27, 2019, last revised June 24, 2019, with such further revisions as required by the Community Development Director; e. Two-page photometric plans for Elgin SD U46 New Bus Parking Lot, prepared by PG Enlighten, dated June 22, 2018, with such further revisions as required by the Community Development Director; f. Undated exterior lighting specifications from Steiner for Viper L luminaire, received June 27, 2019, with such further revisions as required by the Community Development Director; g. School District U-46 Project #2047 Site Reconstruction 1019 E Chicago Street, Elgin, Illinois 2019 engineering plans, prepared by Hampton, Lenzini and Renwick, Inc., dated February 27, 2019, last revised June 24, 2019, with such further revisions as required by the City Engineer; and h. Undated fencing plans, received June 27, 2019, with such further revisions as required by the Community Development Director. 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. A departure is hereby granted to allow a vehicle use are interior yard setback of 1.62 feet from the west property line. 3. A departure is hereby granted to allow a transition landscape yard of minimum 11.41 feet from the south property line. 4. A departure is hereby granted to allow no vehicle use area landscape yard along the west property line. 5. A departure is hereby granted to allow a total of eight landscape islands within the interior landscape yard. VOLUME LXXXIV AUGUST 14, 2019 363 6. A departure is hereby granted to allow the construction of an eight-foot high solid fence in side yards east and west of the building, and in the rear yard south of the building. 7. A departure is hereby granted to allow the construction of a six-foot high black open design steel fence in the street yard. 8. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PAB Planned Area Business District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. I. Off Street Loading. In this PAB Planned Area Business District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended. K. Nonconforming Uses and Structures. In this PAB Planned Area Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. L. Amendments. In this PAB Planned Area Business District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended M. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PAB zoning district. N. Conditional Uses. In this PAB Planned Area Business District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PAB zoning district. O. Variations. In this PAB Planned Area Business District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district. AUGUST 14, 2019 VOLUME LXXXIV 364 P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Passed: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 14, 2019 Published: August 16, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G42-19 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT AN EATING PLACE WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (1175 NORTH MCLEAN BOULEVARD) Councilmember Steffen made a motion, seconded by Councilmember Lopez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV AUGUST 14, 2019 365 Ordinance No. G42-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT AN EATING PLACE WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (1175 North McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct a new commercial building for an eating place (restaurant) with a drive-through service at 1175 North McLean Boulevard; and WHEREAS, the zoning lot containing the premises at 1175 North 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 WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on July 1, 2019, following due notice including 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 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 1, 2019, 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. AUGUST 14, 2019 VOLUME LXXXIV 366 Section 2. That a conditional use for a planned development to allow the construction of a new commercial building for an eating place (restaurant) with a drive-through service with certain departures from the requirements of the zoning ordinance, is hereby granted for the property commonly known as 1175 North McLean Boulevard, and commonly identified by Kane County Property Index Number 06-03-377-004, and legally described as follows: Lot 2 of Tyler Creek Plaza Resubdivision No. 1, Recorded August 14, 2006 as Document 2006K088789, being a resubdivision of Lot 2 of Tyler Creek Plaza III Subdivision in Fractional Section 3, Township 41 North, Range 8East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois (commonly known as 1175 North McLean Boulevard). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 9. Substantial conformance to the Development Application submitted by McLean Blvd Crossing LLC, as applicant, and Z Investments LLC, as property owner, received May 17, 2019, and supporting documents including: a. Undated Statement of Purpose and Conformance, received May 17, 2019; b. ALTA/NSPS Land Title Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyor, dated October 17, 2016; c. Topographic Survey, prepared by ARC Design Resources Inc., dated March 26, 2019; d. Floor Service Plan Sheet FS-1, prepared by Ollmann Ernest Martin Architects, dated June 6, 2019, with such further revisions as required by the Community Development Director; e. Street Views Sheets A1 and A2, prepared by Ollmann Ernest Martin Architects, dated June 6, 2019, with such further revisions as required by the Community Development Director; f. Site Electrical Plan, Sheet SE 101, prepared by Ollmann Ernest Martin Architects, dated June 27, 2019, with such further revisions as required by the Community Development Director; g. Site Fixture Details, Sheet SE 102, prepared by Ollmann Ernest Martin Architects, dated June 19, 2019, with such further revisions as required by the Community Development Director; h. Final Engineering Improvement Plans for Culver’s Elgin 1175 N McLean Blvd, Elgin, IL 60123, prepared by ARC Design Resources Inc., dated June 21, 2019, with such further revisions as required by the City Engineer; and i. Culver’s Sign Package Proposal, prepared by Springfield Sign, dated April 15, 2019, last revised June 19, 2019, with such further revisions as required by the Community Development Director. VOLUME LXXXIV AUGUST 14, 2019 367 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. 10. A departure is hereby granted to permit the minimum transition setback of 32.7 feet. 11. A departure is hereby granted to permit the minimum vehicle use area interior yard setback of 4.7 feet. 12. A departure is hereby granted to permit the minimum transition landscape yard of 4.7 feet. 13. A departure is hereby granted to permit a total of 69 parking spaces for the proposed eating place (restaurant) use. 14. A departure is hereby granted to allow a total of three wall graphics. 15. A departure is hereby granted to allow a total of three directional graphics. 16. 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: August 14, 2019 Passed: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 14, 2019 Published: August 16, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Shaw, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUGUST 14, 2019 VOLUME LXXXIV 368 Heritage Commission- Design Review Subcommittee, July 9, 2019 Parks and Recreation Advisory Board, April 30, 2019 Committee of the Whole, July 10, 2019 City Council Minutes, July 10, 2019 Sales Tax Revenue Telecommunications Tax Revenue Electricity Tax Revenue Natural Gas Tax Revenue Motor Fuel Tax Revenue Alcoholic Liquor Tax Video Gaming Tax Riverboat Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Lopez made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:44 p.m. s/ Jennifer Quinton August 28, 2019 Jennifer Quinton, Deputy City Clerk Date Approved 369 VOLUME LXXXIV AUGUST 28, 2019 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 28, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:18 p.m. The Invocation was given by Pastor Dave Daubert from Zion Lutheran Church and the Pledge of Allegiance was led by City Clerk Kimberly Dewis. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 14, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Lopez made a motion, seconded by Councilmember Powell, to approve the August 14, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Greater Elgin Family Care Center Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Greater Elgin Family Care Center was established in 1998 in order to provide quality health care to all, including those who didn’t have the ability to pay, and to minimize the burden on the local hospitals; and WHEREAS, Greater Elgin Family Care Center provides a full range of quality, affordably priced, fully integrated primary care services to over 51,000 area residents and operates 10 Community Health Centers in 5 northeastern Illinois counties; and AUGUST 28, 2019 VOLUME LXXXIV 370 WHEREAS, Greater Elgin Family Care Center’s overall clinical outcomes rank in the top 10% of the Country’s 1,362 reporting Federally Qualified Health Centers, resulting in the receipt of the Health Center Quality Leader-Gold Award for the 6th consecutive year; and WHEREAS, Greater Elgin Family Care Center’s Hypertension/Heart Health outcome ranked in the top 2% nationally, resulting in the National Quality Leader Award, which is the 2nd time it has been recognized, with the first being in 2016; and WHEREAS, The Department of Health and Human Services, Health Resources and Services Administration additionally recognized Greater Elgin Family Care Center as a Clinical Quality Improver and recipient of the Advancing HIT For Quality Award, all on August 20, 2019. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby ask all citizens to join me in honoring the Greater Elgin Family Care Center for its dedication to the health and wellbeing of the citizens of Elgin and congratulate them on receiving these prestigious awards. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of August, 2019. David J. Kaptain Mayor Robert Malm Retirement Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION OF APPRECIATION FOR ROBERT MALM WHEREAS, After completing service to his country in the United States Navy during the Vietnam war, Robert Malm returned to his native Chicagoland and continued his commitment to public service at the City of Elgin commencing as an intern in 1968, he then served as Purchasing Assistant City Manager/Chief Operating Officer and was called upon to serve as Interim City Manager three times, often during difficult circumstances for extended time periods, and provided leadership to the City, continuing to provide critical services to Elgin's citizens until his retirement on June 30, 1998 and the City owes him a debt of gratitude for his commitment, loyalty and service; and WHEREAS, Bob joined the Elgin Area Chamber in 2003 as director of the Chamber’s Challenge 21, a public/private partnership committed to creating a more vibrant, diverse and prosperous community, which success led to the Elgin Development Group, a division of the Elgin Area Chamber, delivering economic development services to the community through a partnership with the City of Elgin; and VOLUME LXXXIV AUGUST 28, 2019 371 WHEREAS, During his 15-year tenure with the Chamber, Bob was instrumental in the growing Elgin through economic development successes related to business retention and industry through proactive research and problem-solving; maintaining a business friendly environment; focusing on critical land use and transportation issues; fostering relationships with business, government and education to help build a technologically talented workforce; and promoting Elgin’s positive aspects and quality of life; and WHEREAS, A consummate collaborator and strategic planner during his 46-year career in Elgin, whose imprint has impacted the lives of every resident, Bob is a recipient of the United Way of Elgin Willis A. Reed Humanitarian Award, he is active with the Shepard of the Prairie Lutheran Church, Citizens for Council-Manager Government, Elgin Area Leadership Academy and has served as head of several local civic organizations. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, hereby extends the appreciation and esteem of all Elgin for Bob Malm’s outstanding service to the City of Elgin, the Elgin Chamber of Commerce and the community on the occasion of his retirement on August 27, 2019 IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of August, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Eric Ruben commented on local volunteer, Greg Boudreau, and his recent passing. Bill Wurst invited residents to the groundbreaking for Full Circle Communities at 4:00 p.m. on September 27th at 1212 Larkin Avenue. Ina Dews questioned what portion of Route 20 was named for Dr. Martin Luther King. Mayor Kaptain noted the location named for Dr. King was the portion closer to Randall Road. BID 19-049 AWARDED TO CUSTOM BUILT FENCE COMPANY FOR LORDS PARK DEER AND ELK PEN FENCE REPLACEMENT Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a contract to Custom Built Fence Company in the amount of $121,228 to replace the aged and outdated fence around the deer and elk pens with a taller, double, USDA recommended fence. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUGUST 28, 2019 VOLUME LXXXIV 372 SUBURBAN PURCHASING COOPERATIVE AGREEMENT APPROVED TO VARIOUS VENDORS FOR THE PURCHASE AND OUTFITTING OF PUBLIC SAFETY VEHICLE REPLACEMENTS Councilmember Martinez made a motion, seconded by Councilmember Gavin, to award a contract to Currie Motors for the purchase of thirteen replacement vehicles, a contract to Roesch Ford for the purchase of two replacement vehicles, a contract to Sutton Ford for one replacement vehicle and a contract to Ultra Strobe Communications, Inc. for outfitting new vehicles, all in the total amount of $687,870. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUTHORIZATION FOR PAYMENTS APPROVED TO TOLL BROTHERS FOR SEWER AND WATER INFRASTRUCTURE UPGRADES IN THE BOWES CREEK SUBDIVISION Councilmember Gavin made a motion, seconded by Councilmember Steffen, to authorize payment to Toll Brothers in the amount of $129,162 in order to provide sewer and water infrastructure upgrades that were not required at the time of the annexation agreement for the Bowes Creek Subdivision. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MOTION TO REMOVE RESOLUTION 19-125 AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALLIED WATERPROOFING, INC. FOR THE 101 E. CHICAGO STREET – VAULTED SIDEWALK MEMBRANE INSTALLATION PROJECT FROM THE CONSENT AGENDA Councilmember Shaw made a motion, seconded by Councilmember Steffen, to remove Resolution 19-125 from the Consent Agenda. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. No further action was taken. CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G44-19 through G48-19 and adopt Resolution Nos. 19-122 through 19-124 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV AUGUST 28, 2019 373 RESOLUTION 19-122 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (HIGHLAND WOODS SUBDIVISION, NEIGHBORHOODS G AND I) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-122 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (Highland Woods Subdivision, Neighborhoods G and I) WHEREAS, the Owner of certain property commonly known as the Highland Woods Subdivision, Neighborhoods “G and I”, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Third Amendment to Annexation Agreement with Pingree LLC, is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment to Annexation Agreement with Pingree LLC, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2019 Adopted: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 28, 2019 VOLUME LXXXIV 374 ORDINANCE G44-19 PASSED RECLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT TO PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (HIGHLAND WOODS SUBDIVISION NEIGHBORHOODS G AND I) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G44-19 AN ORDINANCE RECLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT TO PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Highland Woods Subdivision Neighborhoods G and I) WHEREAS, the property described herein has previously been annexed to the City of Elgin; and WHEREAS, the property has previously been classified in the PCF Planned Community Facility District by Ordinance No. G18-04, and PMFR Planned Multiple Family Residence District by Ordinance No. G17-04, as amended by Ordinance No. G22-14; and WHEREAS, written application has been made to reclassify certain property part of Neighborhoods “G” and “I” of Highland Woods Subdivision from PCF Planned Community Facility District and PMFR Planned Community Facility District to PSFR2 Planned Single Family Residence District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 1, 2019, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and 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 VOLUME LXXXIV AUGUST 28, 2019 375 WHEREAS, zoning, including, but not limited to, this ordinance granting a map amendment to reclassify certain property part of Neighborhoods “G” and “I” of Highland Woods Subdivision from PCF Planned Community Facility District and PMFR Planned Multiple Family Residence District to PSFR2 Planned Single Family Residence 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 1, 2019, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District the following described property: PSFR2 TRACT 1 HIGHLAND WOODS NEIGHBORHOOD “G & I” THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 28 MINUTES 46 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 1,633.99 FEET TO THE NORTHEAST CORNER OF HIGHLAND WOODS NEIGHBORHOOD “F”, RECORDED NOVEMBER 1, 2006 AS DOCUMENT NO. 2006K120184 (THE FOLLOWING EIGHT COURSES ARE ALONG THE NORTHERLY LINE OF SAID HIGHLAND WOODS NEIGHBORHOOD “F”); THENCE SOUTH 89 DEGREES 30 MINUTES 42 SECONDS WEST 55.25 FEET; THENCE NORTH 59 DEGREES 51 MINUTES 25 SECONDS WEST 82.00 FEET; THENCE SOUTH 81 DEGREES 56 MINUTES 53 SECONDS WEST 92.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 05 DEGREES 59 MINUTES 27 SECONDS WEST 115.00 FEET; THENCE SOUTH 25 DEGREES 54 MINUTES 27 SECONDS EAST 55.00 FEET; THENCE SOUTH 13 DEGREES 50 MINUTES 55 SECONDS WEST 150.00 FEET; THENCE SOUTH 38 DEGREES 33 MINUTES 46 SECONDS WEST 121.79 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 42 SECONDS WEST 546.90 TO THE NORTHERLY LINE OF HIGHLAND WOODS NEIGHBORHOOD “H”, RECORDED NOVEMBER 1, 2006 AS DOCUMENT NO. 2006K120185, SAID NORTHERLY LINE BEING COINCIDENT WITH THE NORTHERLY RIGHT OF WAY LINE OF AUGUST 28, 2019 VOLUME LXXXIV 376 HIGHLAND WOODS BOULEVARD; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 221.27 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 548.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 20 DEGREES 16 MINUTES 15 SECONDS WEST 219.78 FEET; THENCE NORTH 00 DEGREES 29 MINUTES 18 SECONDS WEST 82.85 FEET; THENCE NORTH 00 DEGREES 27 MINUTES 27 SECONDS WEST 53.13 FEET; THENCE NORTH 04 DEGREES 27 MINUTES 22 SECONDS EAST 67.71 FEET; THENCE NORTH 76 DEGREES 43 MINUTES 01 SECONDS WEST 208.00 FEET; THENCE NORTH 79 DEGREES 43 MINUTES 17 SECONDS WEST 51.53 FEET; THENCE NORTH 86 DEGREES 13 MINUTES 49 SECONDS WEST 53.07 FEET; THENCE NORTH 86 DEGREES 42 MINUTES 05 SECONDS WEST 104.00 FEET; THENCE NORTH 86 DEGREES 29 MINUTES 50 SECONDS WEST 53.31 FEET; THENCE NORTH 84 DEGREES 15 MINUTES 05 SECONDS WEST 56.67 FEET; THENCE NORTH 06 DEGREES 54 MINUTES 42 SECONDS EAST 120.00 FEET; THENCE NORTHWESTERLY 24.38 FEET ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1,030.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 82 DEGREES 07 MINUTES 58 SECONDS WEST 24.38 FEET; THENCE SOUTH 10 DEGREES 32 MINUTES 04 SECONDS WEST 120.27 FEET; THENCE NORTH 79 DEGREES 46 MINUTES 00 SECONDS WEST 57.92 FEET; THENCE NORTH 76 DEGREES 38 MINUTES 30 SECONDS WEST 62.85 FEET; THENCE NORTH 73 DEGREES 49 MINUTES 03 SECONDS WEST 56.68 FEET; THENCE NORTH 64 DEGREES 57 MINUTES 39 SECONDS WEST 73.99 FEET; THENCE SOUTH 25 DEGREES 02 MINUTES 21 SECONDS WEST 118.51 FEET; THENCE SOUTHEASTERLY 57.01 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 130.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 39 DEGREES 03 MINUTES 22 SECONDS EAST 56.55 FEET; THENCE SOUTH 26 DEGREES 29 MINUTES 37 SECONDS EAST 7.17 FEET TO SAID NORTHERLY RIGHT OF WAY LINE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 180.53 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 683.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 58 DEGREES 06 MINUTES 58 SECONDS WEST 180.01 FEET TO THE NORTHEASTERLY CORNER OF HIGHLAND WOODS NEIGHBORHOOD “J”, RECORDED FEBRUARY 26, 2008 AS DOCUMENT NO. 2008K015394 (THE FOLLOWING TWO COURSES ARE ALONG THE NORTHERLY LINE OF SAID HIGHLAND WOODS NEIGHBORHOOD “J”); THENCE NORTH 76 DEGREES 42 MINUTES 05 SECONDS WEST 772.03 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 03 MINUTES 59 SECONDS EAST ALONG SAID WEST LINE, 476.53 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 01 SECONDS EAST 58.78 FEET; THENCE SOUTH 51 DEGREES 49 MINUTES 59 SECONDS EAST 109.52 FEET; THENCE NORTHEASTERLY 15.13 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 44 DEGREES 16 MINUTES 47 SECONDS EAST 15.09 FEET; THENCE NORTH 51 DEGREES 49 MINUTES 59 SECONDS WEST 119.27 FEET; THENCE NORTH 60 DEGREES 04 MINUTES 07 SECONDS EAST 105.48 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES 33 SECONDS EAST 87.57 FEET; THENCE SOUTH 76 DEGREES 42 MINUTES 05 SECONDS EAST 593.13 FEET; THENCE SOUTH 75 VOLUME LXXXIV AUGUST 28, 2019 377 DEGREES 43 MINUTES 35 SECONDS EAST 55.43 FEET; THENCE SOUTH 72 DEGREES 58 MINUTES 04 SECONDS EAST 56.66 FEET; THENCE SOUTH 70 DEGREES 08 MINUTES 46 SECONDS EAST 56.65 FEET; THENCE SOUTH 67 DEGREES 26 MINUTES 49 SECONDS EAST 55.75 FEET; THENCE SOUTH 23 DEGREES 17 MINUTES 55 SECONDS WEST 120.00 FEET; THENCE SOUTH 66 DEGREES 42 MINUTES 05 SECONDS EAST 8.84 FEET; THENCE SOUTHEASTERLY 338.59 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 970.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 76 DEGREES 42 MINUTES 05 SECONDS EAST 336.88 FEET; THENCE SOUTH 86 DEGREES 42 MINUTES 05 SECONDS EAST 0.76 FEET; THENCE NORTH 03 DEGREES 17 MINUTES 55 SECONDS EAST 120.00 FEET; THENCE SOUTH 86 DEGREES 42 MINUTES 05 SECONDS EAST 156.00 FEET; THENCE SOUTH 85 DEGREES 16 MINUTES 17 SECONDS EAST 59.06 FEET; THENCE SOUTH 80 DEGREES 17 MINUTES 59 SECONDS EAST 59.38 FEET; THENCE SOUTH 76 DEGREES 43 MINUTES 01 SECONDS EAST 579.00 FEET; THENCE SOUTH 77 DEGREES 43 MINUTES 50 SECONDS EAST 104.02 FEET; THENCE SOUTH 76 DEGREES 43 MINUTES 01 SECONDS EAST 52.00 FEET; THENCE SOUTH 78 DEGREES 39 MINUTES 48 SECONDS EAST 44.26 FEET; THENCE SOUTH 61 DEGREES 49 MINUTES 29 SECONDS EAST 43.64 FEET; THENCE SOUTH 46 DEGREES 05 MINUTES 57 SECONDS EAST 54.84 FEET; THENCE SOUTH 28 DEGREES 34 MINUTES 24 SECONDS EAST 54.84 FEET; THENCE SOUTH 06 DEGREES 00 MINUTES 30 SECONDS EAST 61.96 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. SAID TRACT 1 CONTAINS 1,164,663 SQUARE FEET, MORE OR LESS, OR 26.737 ACRES, MORE OR LESS. Section 3. That the City Council of the City of Elgin hereby grants the rezoning from PCF Planned Community Facility District and PMFR Planned Multiple Family Residence District to PSFR2 Planned Single Family Residence District for the property legally described in Section 2, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PSFR2 Planned Single Family Residence District is to provide a planned urban residential environment of moderate density for single-family detached dwellings, subject to the provisions of Chapter 19.60 “Planned Developments”, of the Elgin Municipal Code, as amended. A PSFR2 Zoning District is most similar to, but departs from the standard requirements of the SFR2 Zoning District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. AUGUST 28, 2019 VOLUME LXXXIV 378 C. General Provisions. In this PSFR2 Planned Single Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended, unless a departure has been granted by the City Council. D. Zoning Districts; Generally. In this PSFR2 Planned Single Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended, unless a departure has been granted by the City Council. E. Location and Size of District. A PSFR2 Planned Single Family Residence District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSR2 zoning district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a PSFR2 Planned Single Family Residence District shall be granted by the City Council. F. Land Use. In this PSFR2 Planned Single Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. Permitted Uses. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 Planned Single Family Residence District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). VOLUME LXXXIV AUGUST 28, 2019 379 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. Conditional Uses. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 Planned Single Family Residence District: Residence Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. AUGUST 28, 2019 VOLUME LXXXIV 380 G. Site Design. In this PSFR2 Planned Single Family Residence District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site Design”, of the Elgin Municipal Code, as amended, and the Annexation Agreement. In this PSFR2 Planned Single Family Residence District, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300 “Zoning Lots - Clarifications and Exceptions”, of the Elgin Municipal Code, as amended. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 6,240 square feet per dwelling unit. The minimum required lot area for a zoning lot shall be 7,607 square feet for all “through lots” [SR] and for all “corner lots” [SR]. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be 47.83 linear feet. The minimum required “lot width” [SR] for a zoning lot shall be 57.65 linear feet for “corner lots” [SR]. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400 “Setbacks - Clarifications and Exceptions”, of the Elgin Municipal Code, as amended. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, or on a collector street, the minimum required setback for a building from a street lot line shall be twenty (20) linear feet. b. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be five (5) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than ten (10) linear feet. c. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be five (5) linear feet. d. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be twenty (20) linear feet. 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500 “Accessory Structures and Buildings”, of the Elgin Municipal Code, as amended. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600 “Obstructions in Yards”, of the Elgin Municipal Code, as amended. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum “residential floor area” [SR] of a single-family zoning lot shall be 3,161 square feet. VOLUME LXXXIV AUGUST 28, 2019 381 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 10. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 11. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Pingree LLC, as applicant and property owner, received January 24, 2019, and supporting documents including: a. Undated Statement of Purpose and Conformance, received March 4, 2019; b. Undated Reddington Homeowners Association Declaration of Covenants, Conditions and Restrictions, received March 4, 2019; c. Topographic and Boundary Survey, prepared by ESM Civil Solutions, LLC, dated October 29, 2018; d. Final Landscape Development Plans Highland Woods Reddington: Neighborhoods “G” and “I” Elgin, Illinois, prepared by Signature Design Group dated January 28, 2019, last revised June 12, 2019, with such further revisions as required by the Community Development Director; e. Final Plat of Subdivision for Highland Woods Neighborhood “G & I”, prepared by Regional Land Services, dated March 1, 2019, last revised July 31, 2019, with such further revisions as required by the City Engineer; f. Final Engineering Improvement Plan for Highland Woods “Reddington” Neighborhoods “G & I” Elgin, IL, prepared by ESM Civil Solutions, LLC, dated January 18, 2018, last revised August 15, 2019, with such further revisions as required by the City Engineer; g. Storms Sewer Ownership Exhibit Highland Woods Neighborhood “G & I”, prepared by ESM Civil Solutions, LLC, dated July 9, 2019, last revised August 15, 2019, with such further revisions as required by the City Engineer; h. A letter from Scott Shelton, Regional Market Land Manager, Ryan Homes, regarding Comments from Development Application, Highland Woods Neighborhoods G and I, dated March 11, 2019; and i. NVR architectural master set/version series drawings for Alberti – Alboa version 01, Bramante - BRMOA version 01, and Palladio – PLDOA version 01, prepared by NVR, Inc. Architectural Services Architects, stamped “Delivered February 28, 2018”, received March AUGUST 28, 2019 VOLUME LXXXIV 382 11, 2019; with such further revisions as requested by the Community Development Director. 2. Permitted home styles and materials shall be in substantial conformance with the following plans: The architectural master set/version series drawings for Alberti – Alboa version 01, Bramante - BRMOA version 01, and Palladio – PLDOA version 01, prepared by NVR, Inc. Architectural Services Architects, stamped “Delivered February 28, 2018”, received March 11, 2019; with such further revisions as requested by the Community Development Director. The City's Development Administer may approve additional home styles for homes within this PSFR2 zoning district which have comparable or improved design and materials as depicted in the above-referenced architectural master set/version series drawings and are otherwise in compliance with the provisions of the Annexation Agreement, the design guidelines of the comprehensive plan and the special design conditions as further described below. The following special design conditions shall also apply to homes constructed within this PSFR2 zoning district: a. "Garage forward" homes are permitted within this PSFR2 zoning district, but no "garage forward" home shall be permitted to be located next to (facing the same direction along the same street) another "garage forward" home. b. Vinyl siding is permitted on all elevation/sides of a home within this PSFR2 zoning district provided, however, all homes must have masonry on the front elevation in similar proportions to the masonry depicted in the above-referenced architectural master set/version series drawings. c. Garages may be located two feet in front of the front elevation of a home, flush with the front elevation of a home, or recessed by not less than two feet as depicted in the above-referenced architectural master set/version series drawings. 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. 3. No accessory buildings are permitted on a residential lot. 4. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PSFR2 Planned Single Family Residence District, off- street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. VOLUME LXXXIV AUGUST 28, 2019 383 I. Off Street Loading. In this PSFR2 Planned Single Family Residence District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. J. Signs. In this PSFR2 Planned Single Family Residence District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended. K. Nonconforming Uses and Structures. In this PSFR2 Planned Single Family Residence District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. L. Amendments. In this PSFR2 Planned Single Family Residence District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended M. Planned Developments. In this PSFR2 Planned Single Family Residence District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments”, of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PSFR2 zoning district. N. Conditional Uses. In this PSFR2 Planned Single Family Residence District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PSFR2 zoning district. O. Variations. In this PSFR2 Planned Single Family Residence District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PSFR2 district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. AUGUST 28, 2019 VOLUME LXXXIV 384 Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2019 Passed: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 28, 2019 Published: August 30, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G45-19 PASSED RECLASSIFYING TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND PCF PLANNED COMMUNITY FACILITY DISTRICT TO A NEW PCF PLANNED COMMUNITY FACILITY DISTRICT (HIGHLAND WOODS SUBDIVISION NEIGHBORHOODS G AND I) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G45-19 AN ORDINANCE RECLASSIFYING TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND PCF PLANNED COMMUNITY FACILITY DISTRICT TO A NEW PCF PLANNED COMMUNITY FACILITY DISTRICT (Highland Woods Subdivision Neighborhoods G and I) WHEREAS, the property described herein has previously been annexed to the City of Elgin; and WHEREAS, the property has previously been classified in the PCF Planned Community Facility District by Ordinance No. G18-04, and PMFR Planned Multiple Family Residence District by Ordinance No. G17-04, as amended by Ordinance No. G22-14; and VOLUME LXXXIV AUGUST 28, 2019 385 WHEREAS, written application has been made to reclassify certain property part of Neighborhoods “G” and “I” of Highland Woods Subdivision from PCF Planned Community Facility District and PMFR Planned Community Facility District to a new PCF Planned Community Facility District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 1, 2019, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and 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 map amendment to reclassify certain property part of Neighborhoods “G” and “I” of Highland Woods Subdivision from PCF Planned Community Facility District and PMFR Planned Multiple Family Residence District to a new PCF Planned Community Facility 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 1, 2019, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property: PCF TRACT 1 HIGHLAND WOODS NEIGHBORHOOD “G & I” THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: AUGUST 28, 2019 VOLUME LXXXIV 386 COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 28 MINUTES 46 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 1,633.99 FEET TO THE NORTHEAST CORNER OF HIGHLAND WOODS NEIGHBORHOOD “F”, RECORDED NOVEMBER 1, 2006 AS DOCUMENT NO. 2006K120184, SAID NORTHEAST CORNER BEING THE POINT OF BEGINNING (THE FOLLOWING THREE COURSES ARE ALONG THE NORTHERLY LINE OF SAID HIGHLAND WOODS NEIGHBORHOOD “F”); THENCE SOUTH 89 DEGREES 30 MINUTES 42 SECONDS WEST 55.25 FEET; THENCE NORTH 59 DEGREES 51 MINUTES 25 SECONDS WEST 82.00 FEET; THENCE SOUTH 81 DEGREES 56 MINUTES 53 SECONDS WEST 92.00 FEET; THENCE NORTH 06 DEGREES 00 MINUTES 30 SECONDS WEST 61.96 FEET; THENCE NORTH 28 DEGREES 34 MINUTES 24 SECONDS WEST 54.84 FEET; THENCE NORTH 46 DEGREES 05 MINUTES 57 SECONDS WEST 54.84 FEET; THENCE NORTH 61 DEGREES 49 MINUTES 29 SECONDS WEST 43.64 FEET; THENCE NORTH 78 DEGREES 39 MINUTES 48 SECONDS WEST 44.26 FEET; THENCE NORTH 76 DEGREES 43 MINUTES 01 SECONDS WEST 52.00 FEET; THENCE NORTH 77 DEGREES 43 MINUTES 50 SECONDS WEST 104.02 FEET; THENCE NORTH 76 DEGREES 43 MINUTES 01 SECONDS WEST 579.00 FEET; THENCE NORTH 80 DEGREES 17 MINUTES 59 SECONDS WEST 59.38 FEET; THENCE NORTH 85 DEGREES 16 MINUTES 17 SECONDS WEST 59.06 FEET; THENCE NORTH 86 DEGREES 42 MINUTES 05 SECONDS WEST 156.00 FEET; THENCE SOUTH 03 DEGREES 17 MINUTES 55 SECONDS WEST 120.00 FEET; THENCE NORTH 86 DEGREES 42 MINUTES 05 SECONDS WEST 0.76 FEET; THENCE NORTHWESTERLY 338.59 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 76 DEGREES 42 MINUTES 05 SECONDS WEST 336.88 FEET; THENCE NORTH 66 DEGREES 42 MINUTES 05 SECONDS WEST 8.84 FEET; THENCE NORTH 23 DEGREES 17 MINUTES 55 SECONDS EAST 120.00 FEET; THENCE NORTH 67 DEGREES 26 MINUTES 49 SECONDS WEST 55.75 FEET; THENCE NORTH 70 DEGREES 08 MINUTES 46 SECONDS WEST 56.65 FEET; THENCE NORTH 72 DEGREES 58 MINUTES 04 SECONDS WEST 56.66 FEET; THENCE NORTH 75 DEGREES 43 MINUTES 35 SECONDS WEST 55.43 FEET; THENCE NORTH 76 DEGREES 42 MINUTES 05 SECONDS WEST 593.13 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 33 SECONDS WEST 87.57 FEET; THENCE SOUTH 60 DEGREES 04 MINUTES 07 SECONDS WEST 105.48 FEET; THENCE SOUTH 51 DEGREES 49 MINUTES 59 SECONDS EAST 119.27 FEET; THENCE SOUTHWESTERLY 15.13 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 44 DEGREES 16 MINUTES 47 SECONDS WEST 15.09 FEET; THENCE NORTH 51 DEGREES 49 MINUTES 59 SECONDS WEST 109.52 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 01 SECONDS WEST 58.78 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 03 MINUTES 59 SECONDS EAST ALONG SAID WEST LINE, 201.09 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AS DEDICATED PER DOCUMENT NO. 3679; THENCE SOUTH 76 DEGREES 43 MINUTES 01 SECONDS EAST ALONG SAID SOUTHERLY RIGHT VOLUME LXXXIV AUGUST 28, 2019 387 OF WAY LINE, 2,712.72 FEET TO THE AFOREMENTIONED EAST LINE OF THE SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 28 MINUTES 46 SECONDS EAST ALONG SAID EAST LINE 158.77 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS SAID TRACT 1 CONTAINS 238,604 SQUARE FEET, MORE OR LESS, OR 5.478 ACRES, MORE OR LESS. And PCF TRACT 2 HIGHLAND WOODS NEIGHBORHOOD “G & I” THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 28 MINUTES 46 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 1,633.99 FEET TO THE NORTHEAST CORNER OF HIGHLAND WOODS NEIGHBORHOOD “F”, RECORDED NOVEMBER 1, 2006 AS DOCUMENT NO. 2006K120184 (THE FOLLOWING EIGHT COURSES ARE ALONG THE NORTHERLY LINE OF SAID HIGHLAND WOODS NEIGHBORHOOD “F”); THENCE SOUTH 89 DEGREES 30 MINUTES 42 SECONDS WEST 55.25 FEET; THENCE NORTH 59 DEGREES 51 MINUTES 25 SECONDS WEST 82.00 FEET; THENCE SOUTH 81 DEGREES 56 MINUTES 53 SECONDS WEST 92.00 FEET; THENCE SOUTH 05 DEGREES 59 MINUTES 27 SECONDS WEST 115.00 FEET; THENCE SOUTH 25 DEGREES 54 MINUTES 27 SECONDS EAST 55.00 FEET; THENCE SOUTH 13 DEGREES 50 MINUTES 55 SECONDS WEST 150.00 FEET; THENCE SOUTH 38 DEGREES 33 MINUTES 46 SECONDS WEST 121.79 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 42 SECONDS WEST 546.90 TO THE NORTHERLY LINE OF HIGHLAND WOODS NEIGHBORHOOD “H”, RECORDED NOVEMBER 1, 2006 AS DOCUMENT NO. 2006K120185, SAID NORTHERLY LINE BEING COINCIDENT WITH THE NORTHERLY RIGHT OF WAY LINE OF HIGHLAND WOODS BOULEVARD (THE FOLLOWING FOUR COURSES ARE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF SAID HIGHLAND WOODS BOULEVARD); THENCE NORTHWESTERLY 221.27 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 548.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 20 DEGREES 16 MINUTES 15 SECONDS WEST 219.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY 567.02 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 548.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 61 DEGREES 28 MINUTES 51 SECONDS WEST 542.06 FEET; THENCE SOUTH 88 DEGREES 52 MINUTES 38 SECONDS WEST 53.94 FEET; THENCE SOUTHWESTERLY 276.42 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 683.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 77 DEGREES 16 MINUTES 58 SECONDS WEST 274.54 FEET; THENCE NORTH 26 DEGREES 29 MINUTES 37 SECONDS WEST 7.17 FEET; THENCE NORTHWESTERLY 57.01 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 130.00 FEET, THE AUGUST 28, 2019 VOLUME LXXXIV 388 CHORD OF SAID CURVE BEARS NORTH 39 DEGREES 03 MINUTES 22 SECONDS WEST 56.55 FEET; THENCE NORTH 25 DEGREES 02 MINUTES 21 SECONDS EAST 118.51 FEET; THENCE SOUTH 64 DEGREES 57 MINUTES 39 SECONDS EAST 73.99 FEET; THENCE SOUTH 73 DEGREES 49 MINUTES 03 SECONDS EAST 56.68 FEET; THENCE SOUTH 76 DEGREES 38 MINUTES 30 SECONDS EAST 62.85 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 57.92 FEET; THENCE NORTH 10 DEGREES 32 MINUTES 04 SECONDS EAST 120.27 FEET; THENCE SOUTHEASTERLY 24.38 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 1,030.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 82 DEGREES 07 MINUTES 58 SECONDS EAST 24.38 FEET; THENCE SOUTH 06 DEGREES 54 MINUTES 42 SECONDS WEST 120.00 FEET; THENCE SOUTH 84 DEGREES 15 MINUTES 05 SECONDS EAST 56.67 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 50 SECONDS EAST 53.31 FEET; THENCE SOUTH 86 DEGREES 42 MINUTES 05 SECONDS EAST 104.00 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 49 SECONDS EAST 53.07 FEET; THENCE SOUTH 79 DEGREES 43 MINUTES 17 SECONDS EAST 51.53 FEET; THENCE SOUTH 76 DEGREES 43 MINUTES 01 SECONDS EAST 208.00 FEET; THENCE SOUTH 04 DEGREES 27 MINUTES 22 SECONDS WEST 67.71 FEET; THENCE SOUTH 00 DEGREES 27 MINUTES 27 SECONDS EAST 53.13 FEET; THENCE SOUTH 00 DEGREES 29 MINUTES 18 SECONDS EAST 82.85 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. SAID TRACT 2 CONTAINS 57,827 SQUARE FEET, MORE OR LESS, OR 1.328 ACRES, MORE OR LESS. Section 3. That the City Council of the City of Elgin hereby grants the rezoning from PCF Planned Community Facility District and PMFR Planned Multiple Family Residence District to a new PCF Planned Community Facility District for the property legally described in Section 2, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 “Planned Developments”, of the Elgin Municipal Code, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. H. General Provisions. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended, unless a departure has been granted by the City Council. VOLUME LXXXIV AUGUST 28, 2019 389 I. Zoning Districts; Generally. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended, unless a departure has been granted by the City Council. J. Location and Size of District. A PCF Planned Community Facility District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres, unless such land is located between any nonresidential zoning district, and any residence district or any residence conservation district, which all have frontage on the same street and on the same block. No departure from the required minimum size of a PCF Planned Community Facility District shall be granted by the City Council. F. Land Use. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PCF Planned Community Facility District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the CF Community Facility District, Section 19.30.130 A. “Land Use”, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the CF Community Facility District, Section 19.30.130 B. “Land Use”, of the Elgin Municipal Code, as it may be amended from time to time. K. Site Design. In this PCF Planned Community Facility 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 19.30.135 “Site Design” for CF Community Facility District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 5. Substantial conformance to the Development Application submitted by Pingree LLC, as applicant and property owner, received January 24, 2019, and supporting documents including: a. Undated Statement of Purpose and Conformance, received March 4, 2019; b. Undated Reddington Homeowners Association Declaration of Covenants, Conditions and Restrictions, received March 4, 2019; AUGUST 28, 2019 VOLUME LXXXIV 390 c. Topographic and Boundary Survey, prepared by ESM Civil Solutions, LLC, dated October 29, 2018; d. Final Landscape Development Plans Highland Woods Reddington: Neighborhoods “G” and “I” Elgin, Illinois, prepared by Signature Design Group dated January 28, 2019, last revised June 12, 2019, with such further revisions as required by the Community Development Director; e. Final Plat of Subdivision for Highland Woods Neighborhood “G & I”, prepared by ESM Civil Solutions, LLC, dated March 1, 2019, last revised July 31, 2019, with such further revisions as required by the City Engineer; f. Final Engineering Improvement Plan for Highland Woods “Reddington” Neighborhoods “G & I” Elgin, IL, prepared by ESM Civil Solutions, LLC, dated January 18, 2018, last revised August 15, 2019, with such further revisions as required by the City Engineer; g. Storms Sewer Ownership Exhibit Highland Woods Neighborhood “G & I”, prepared by ESM Civil Solutions, LLC, dated July 9, 2019, last revised August 15, 2019, with such further revisions as required by the City Engineer; h. A letter from Scott Shelton, Regional Market Land Manager, Ryan Homes, regarding Comments from Development Application, Highland Woods Neighborhoods G and I, dated March 11, 2019; and i. NVR architectural master set/version series drawings for Alberti – Alboa version 01, Bramante - BRMOA version 01, and Palladio – PLDOA version 01, prepared by NVR, Inc. Architectural Services Architects, stamped “Delivered February 28, 2018”, received March 11, 2019; with such further revisions as requested by the Community Development Director. 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. 6. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PCF Planned Community Facility District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. I. Off Street Loading. In this PCF Planned Community Facility District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. J. Signs. In this PCF Planned Community Facility District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended. VOLUME LXXXIV AUGUST 28, 2019 391 K. Nonconforming Uses and Structures. In this PCF Planned Community Facility District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. L. Amendments. In this PCF Planned Community Facility District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended M. Planned Developments. In this PCF Planned Community Facility District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PCF Planned Community Facility District. N. Conditional Uses. In this PCF Planned Community Facility District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PCF zoning district. O. Variations. In this PCF Planned Community Facility District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PCF district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 28, 2019 VOLUME LXXXIV 392 Presented: August 28, 2019 Passed: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 28, 2019 Published: August 30, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-123 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR HIGHLAND WOODS NEIGHBORHOOD "G & I" Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-123 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR HIGHLAND WOODS NEIGHBORHOOD “G & I” BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision for Highland Woods Neighborhood “G & I”, prepared by Regional Land Services, dated March 1, 2019, last revised July 31, 2019. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2019 Adopted: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV AUGUST 28, 2019 393 RESOLUTION 19-124 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 RESURFACING CLIFFORD-WING PARK PROJECT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-124 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 RESURFACING CLIFFORD-WING PARK PROJECT 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 Amendment Agreement No. 1 on behalf of the City of Elgin with WBK Engineering, LLC, for professional services in connection with the 2019 Resurfacing Clifford-Wing Park Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2019 Adopted: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 28, 2019 VOLUME LXXXIV 394 ORDINANCE G46-19 PASSED AMENDING ORDINANCE NO. G77-18 ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G46-19 AN ORDINANCE AMENDING ORDINANCE NO. G77-18 ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the User Fees Exhibit attached to Ordinance No. G77-18, adopted by the City Council on December 19, 2018, is hereby amended by amending the following fees under the heading "Bluff City Cemetery" regarding columbarium niche spaces as follows: "Type 2019 Fee Grave Prices Columbarium Niche Spaces: Each (or 1) niche consists of two possible spaces Niches 1 and 7 $1540 Niches 2 and 8 $1650 Niches 3 and 9 $1650 Niches 4 and 10 $1650 Niches 5 and 11 $1540 Niches 6 and 12 $1540 Pre-need weekday inurnment before 2:30 p.m. $ 484" Section 2. That the User Fees Exhibit attached to Ordinance No. G77-18, adopted by the City Council on December 19, 2018, is hereby further amended by removing under the heading "Bluff City Cemetery" the entire subsection entitled "Memorial Day and Cemetery Walk Pricing (10% discount)". 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 VOLUME LXXXIV AUGUST 28, 2019 395 Presented: August 28, 2019 Passed: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 28, 2019 Published: August 30, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G47-19 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 pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G47-19 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, I and Q thereof to read as follows: "H. The number of Class B-4 licenses shall not exceed four (4) in number. I. The number of Class B-5 licenses shall not exceed ten (10) in number. Q. The number of Class F licenses shall not exceed nine (9) in number. Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. AUGUST 28, 2019 VOLUME LXXXIV 396 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 28, 2019 Passed: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 28, 2019 Published: August 30, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G48-19 PASSED AMENDING CHAPTER 13.27 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HONORARY STREET NAMES" Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G48-19 AN ORDINANCE AMENDING CHAPTER 13.27 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HONORARY STREET NAMES" WHEREAS, the City Council of the City of Elgin has previously adopted an ordinance within Chapter 13.27 of the Elgin Municipal Code relating to Honorary Street Names; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to amend the process and procedures relating to Honorary Street Names; 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 affairs; and WHEREAS, the process and procedures relating to the review and approval of Honorary Street Names pertains to the government affairs of the City of Elgin. VOLUME LXXXIV AUGUST 28, 2019 397 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 13.27 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended in its entirety to read as follows: “Chapter 13.27 HONORARY STREET NAMES 13.27.010: ESTABLISHMENT: There is hereby established a program to provide for honorary street names. 13.27.020: APPLICATION: A. Persons or organizations proposing an honorary street name for a street located within the city shall complete and submit an application therefor to the city clerk. An application proposing an honorary street name shall include the following: 1. The signature of a member of the city council endorsing the application and the proposed honorary street name. 2. A petition signed by not less than two-thirds (2/3) of the owners abutting the street proposed for the honorary street name stating the property owners' support for the proposed honorary street name. 3. A statement explaining how the individual proposed to be honored with an honorary street name qualifies under the guidelines and standards of this chapter. B. Applications for honorary street names shall be distributed to the public works department and community development department to start a 30 day review process to ensure sufficient documentation exists to evaluate the request and the location desired for the honorary street designation. The application will be reviewed by staff members with representatives from the city clerk’s office, community development department, public works department and two members of the city council. C. The recommendations of the city staff and city council review group shall be forwarded to the city council for final action. 13.27.030: GUIDELINES: Honorary street names shall meet the following standards: AUGUST 28, 2019 VOLUME LXXXIV 398 A. The individual proposed to be honored with an honorary street name must have resided or worked in Elgin during their lifetime and must have made significant and long-term contributions through cultural, humanitarian, historic or military achievement. B. There shall be a clear geographical relationship to the street and the nominee. C. The location for honorary street names shall be restricted to non-arterial streets. D. The proposed honorary street name shall not duplicate any existing name or be similar either phonetically or in spelling to any other honorary or actual street name. E. An honorary street name shall be applied throughout the entire length of the subject street, except where impractical and in such instance shall be applied to the section of a street designated in the city council resolution approving the honorary street name. F. A designation of an honorary street name shall be limited not to exceed twenty (20) years, provided, however, the time period for a designation of an honorary street name may be extended for an additional time period not to exceed an additional twenty (20) years upon an application for such an extension. An application for the extension of the time period for a designation of an honorary street name shall be filed and processed pursuant to the same procedures and standards provided for an original designation in this chapter. At the end of the time period of the designation of an honorary street name, as same may be extended, the city will remove the honorary street sign and make it available to the applicant. G. Honorary street name signs will be distinctive in size and color from the official street name sign and will be installed below the official street name sign. The applicant will be responsible for the cost of the materials and installation of the honorary street sign. 13.27.040: APPROVAL OR DENIAL: Any decision to enact a proposed honorary street name shall be made by the city council." 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 upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV AUGUST 28, 2019 399 Presented: August 28, 2019 Passed: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 28, 2019 Published: August 30, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, July 8, 2019 Emergency Telephone System Board (E-911), June 20 and July 18, 2019 Heritage Commission, April 2 and June 2, 2019 Heritage Commission, Design Review, July 23, 2019 Liquor Control Commission, July 10, 2019 Planning and Zoning Commission, June 3 and July 1, 2019 Police Pension Fund Board, April 17 and June 10 Committee of the Whole, July 24, 2019 City Council Minutes, July 24, 2019 Sales Tax Revenue Telecommunications Tax Revenue Electricity Tax Revenue Natural Gas Tax Revenue Motor Fuel Tax Revenue Hotel Motel Tax Revenue Alcoholic Liquor Tax Revenue Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. AUGUST 28, 2019 VOLUME LXXXIV 400 ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Rauschenberger, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Discussion of Minutes of Meetings Lawfully Closed Under This Act - Exempt Under Section 120/2(c)(21) of the Open Meetings Act 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 The meeting adjourned at 7:52 p.m. s/ Kimberly Dewis September 11, 2019 Kimberly Dewis, City Clerk Date Approved 401 VOLUME LXXXIV SEPTEMBER 11, 2019 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 September 11, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The Invocation was given by Pastor Jack Wheatley of Greater Grace Community Church and the Pledge of Allegiance was led by Corporation Counsel William Cogley. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 28, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dixon made a motion, seconded by Councilmember Powell, to approve the August 28, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS 3rd Annual Hunger Summit Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, September marks National Hunger Action Month in the United States and the entire month is set aside to focus the country’s collective thoughts and actions to reduce the growing incidence of hunger and food insecurity in our communities; and WHEREAS, The Elgin Cooperative Ministry and its many partners have formed a coalition of churches, non-profits, businesses and individuals, in coordination with the local, county and state government, to address the escalating issue of hunger and food insecurity in our community; and SEPTEMBER 11, 2019 VOLUME LXXXIV 402 WHEREAS, there is a growing need to minimize unhealthy processed foods that are a large part of the Standard American Diet and make available healthier, more nutritious, whole foods for everyone in our community, including the less fortunate; and WHEREAS, there is a growing scarcity of land and water resources for cultivating food, and it is time to think in terms of conservation of land and water for food production; and WHEREAS, The Hunger Summit is the third in a series of community talks on these issues and will now include a discussion on conservation as well. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim. September 19 to be Annual Hunger Summit Day. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of September, 2019. David J. Kaptain Mayor It’s Our Fox River Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Fox River was central to the lives of native Americans inhabiting the Fox River Valley in Wisconsin and Illinois for over a millennia, providing an abundance of food and water to those native populations and also to the early settlers of the Valley, providing a source of water and power to feed, shelter and drive the early machinery which formed the commercial and industrial base that gave first growth to our community; and WHEREAS, The Fox River, once a fine fishery and source of public water supply, became burdened with the uncontrolled discharge of industrial, commercial and municipal wastes, with the resulting pollution threatening the health and welfare of all populations of the Fox River, including human and wildlife; and WHEREAS, sustained and increasingly diligent and effective efforts have been made over the past century to reduce and eliminate pollution and changes to our river’s natural shorelines; and WHEREAS, The Fox River has been largely freed from its burden of pollution and once again has become a safe source of recreation and reliable public water supply, with its fish and wildlife population in clear recovery; and VOLUME LXXXIV SEPTEMBER 11, 2019 403 WHEREAS, The City of Elgin recognizes the historic, present and future value of this unique and precious natural resource to our community and all other communities within and beyond the Fox River Valley; and NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the third Saturday of September, this year and every year thereafter, shall be recognized as IT’S OUR FOX RIVER DAY, and to have and support events that honor and celebrate the life and wellbeing of Our Fox River for us to share now, and with generations to come. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of September, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Pastor Nate Edmond, Clergy Coalition of Elgin, provided a response regarding the decision to reinstate Lieutenant Jensen. Mary Shessgren, Fox Valley Citizens for Peace & Justice, provided a response regarding the decision to reinstate Lieutenant Jensen. Barbara Nus, provided a response regarding the decision to reinstate Lieutenant Jensen. PUBLIC HEARING FOR PETITIONS 05-18 AND 21-19 FOR EDGEWATER BY DEL WEBB SUBDIVISION, AN APPLICATION FOR THE THIRD AMENDMENT TO THE ANNEXATION AGREEMENT AND MAP AMENDMENT TO PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G41-05 TO ALLOW STORAGE OF SNOW CLEARING AND LANDSCAPE MAINTENANCE EQUIPMENT ON PRAIRIE SHORE DRIVE Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, outlined Petitions 05-18, and 21-19 for the third amendment to the annexation agreement and map amendment. The petitions would approve an annexation agreement and a map amendment to allow storage of snow clearing and landscape maintenance equipment. He highlighted the fence height and landscaping plans. Staff and the Planning and Zoning Commission were recommending approval subject to the conditions outlined. There was no discussion regarding the petitions and Mayor Kaptain declared the public hearing closed. SEPTEMBER 11, 2019 VOLUME LXXXIV 404 PETITIONS 05-18 AND 21-19 APPROVED FOR EDGEWATER BY DEL WEBB SUBDIVISION, AN APPLICATION FOR THE THIRD AMENDMENT TO THE ANNEXATION AGREEMENT AND MAP AMENDMENT TO PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G41-05 TO ALLOW STORAGE OF SNOW CLEARING AND LANDSCAPE MAINTENANCE EQUIPMENT ON PRAIRIE SHORE DRIVE Councilmember Dixon made a motion, seconded by Councilmember Gavin, to approve Petitions 05-18 and 21-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez. PUBLIC HEARING FOR PETITIONS 25-19 AND 26-19 FOR THE PROPERTY LOCATED AT 37W080 HOPPS ROAD, FOR ANNEXATION WITH AN ANNEXATION AGREEMENT AND MAP AMENDMENT TO ESTABLISH A CF COMMUNITY FACILITY DISTRICT BY IGLESIA APOSTOLICA DE LA FE IN CRISTO Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, outlined Petitions 25-19 and 26-19 for the location at 37W080 Hopps Road. The petitions would approve an annexation agreement and a map amendment to establish a Community Facility District. He outlined the water and sewer line plans. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. There was discussion regarding the status of the water mains and sewer lines in the area. Mayor Kaptain declared the public hearing closed. PETITIONS 25-19 AND 26-19 APPROVED FOR THE PROPERTY LOCATED AT 37W080 HOPPS ROAD, FOR ANNEXATION WITH AN ANNEXATION AGREEMENT AND MAP AMENDMENT TO ESTABLISH A CF COMMUNITY FACILITY DISTRICT BY IGLESIA APOSTOLICA DE LA FE IN CRISTO Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petitions 25-19 and 26-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV SEPTEMBER 11, 2019 405 CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. S5-19 and G49-19, and adopt Resolution Nos. 19-126 through 19-131 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-126 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH J.G. UNIFORMS, INC. FOR THE PURCHASE OF POLICE DRESS UNIFORMS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-126 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH J.G. UNIFORMS, INC. FOR THE PURCHASE OF POLICE DRESS UNIFORMS 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 Agreement on behalf of the City of Elgin with J.G. Uniforms, Inc., for the purchase of police dress uniforms, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2019 Adopted: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SEPTEMBER 11, 2019 VOLUME LXXXIV 406 RESOLUTION 19-127 ADOPTED AUTHORIZING EXECUTION OF 2019 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE RELATING TO THE INVESTIGATION OF SENSITIVE CRIMES INVOLVING CHILDREN Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-127 RESOLUTION AUTHORIZING EXECUTION OF 2019 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE RELATING TO THE INVESTIGATION OF SENSITIVE CRIMES INVOLVING CHILDREN 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 2019 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 relating to the investigation of sensitive crimes involving children, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2019 Adopted: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-128 ADOPTED AUTHORIZING EXECUTION OF TYLER CREEK WATERSHED STREAMBANK STABILIZATION PROGRAM GRANT AGREEMENT WITH CT ELGIN, LLC Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV SEPTEMBER 11, 2019 407 Resolution No. 19-128 RESOLUTION AUTHORIZING EXECUTION OF TYLER CREEK WATERSHED STREAMBANK STABILIZATION PROGRAM GRANT AGREEMENT WITH CT ELGIN, LLC 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 Tyler Creek Watershed Streambank Stabilization Program Grant Agreement on behalf of the City of Elgin with CT Elgin, LLC, for funding assistance in connection with the city's Tyler Creek Watershed Streambank Stabilization Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2019 Adopted: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-129 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF DEDICATION AND EASEMENT GRANT FOR RIGHT-OF-WAY, SANITARY SEWER AND STORMWATER MANAGEMENT AND CITY EASEMENT PURPOSES FROM GIFFORD 300, LLC AND CR 1255 GIFFORD, LLC (GIFFORD 300 INDUSTRIAL DEVELOPMENT PHASE 1) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SEPTEMBER 11, 2019 VOLUME LXXXIV 408 Resolution No. 19-129 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF DEDICATION AND EASEMENT GRANT FOR RIGHT-OF-WAY, SANITARY SEWER AND STORMWATER MANAGEMENT AND CITY EASEMENT PURPOSES FROM GIFFORD 300, LLC AND CR 1255 GIFFORD, LLC (Gifford 300 Industrial Development Phase 1) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication and easement grant prepared by Mackie Consultants, LLC, an Illinois Land Surveyor, and dated August 5, 2016, last revised February 23, 2017, for the property legally described and depicted on such plat of dedication and easement grant attached hereto as Exhibit A. BE IT FURTHER RESOLVED that David J. Kaptain, Mayor and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of dedication and easement grant for right-of-way, sanitary sewer and stormwater management and city easement purposes from Gifford 300, LLC and CR 1255 Gifford, LLC, for the property legally described and depicted on such Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication and easement grant to be filed with the Recorder of Deeds of Cook County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2019 Adopted: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-130 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV SEPTEMBER 11, 2019 409 Resolution No. 19-130 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection; and 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 2019, through June, 2019 are hereby approved as set forth in Exhibit A. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. The need for confidentiality no longer exists as to all or parts of those executive session minutes set forth in Exhibit C and are available for public inspection. Section 4. The destruction of the verbatim records of executive session meetings conducted more than eighteen (18) months prior to the date of this resolution and for which the minutes of such executive session meetings have previously been approved and released is hereby authorized. Section 5. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor SEPTEMBER 11, 2019 VOLUME LXXXIV 410 Presented: September 11, 2019 Adopted: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A THESE MINUTES NEED TO BE APPROVED AND DETERMINATION MADE WHETHER THEY CAN BE RELEASED • January 9, 2019 • January 23, 2019 • March 6, 2019 • March 20, 2019 • April 10, 2019 • April 24, 2019 • May 22, 2019 • June 26, 2019 EXHIBIT B CONFIDENTIAL TREATMENT STILL EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES • Portion of November 19, 2014 • Portion of December 6, 2017 • Portion of March 7, 2018 • Portion of September 26, 2018 • Portion of November 28, 2018 • Portion of May 22, 2019 • Portion of June 26, 2019 EXHIBIT C CONFIDENTIAL TREATMENT NO LONGER EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES • Portion of September 26, 2018 VOLUME LXXXIV SEPTEMBER 11, 2019 411 RESOLUTION 19-131 ADOPTED ACCEPTING THE QUIT CLAIM DEED CONVEYANCE FROM W.R. MEADOWS, INC. FOR A PORTION OF 40 ANN STREET, ELGIN, ILLINOIS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-131 RESOLUTION ACCEPTING THE QUIT CLAIM DEED CONVEYANCE FROM W.R. MEADOWS, INC. FOR A PORTION OF 40 ANN STREET, ELGIN, ILLINOIS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the quit claim deed conveyance from W.R. Meadows, Inc. to the City of Elgin for a portion of 40 Ann Street, Elgin, Kane County, Illinois 60120, pursuant to the quit claim deed dated August 15, 2019, a copy of which is attached. BE IT FURTHER RESOLVED that City Clerk Kimberly Dewis be and is hereby authorized and directed to record such quit claim deed with the Kane County Recorder. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2019 Adopted: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S5-19 PASSED PROVIDING FOR ADVANCE FUNDING FOR THE CITY OF ELGIN POLICE PENSION FUND AND CITY OF ELGIN FIREFIGHTER PENSION FUND Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SEPTEMBER 11, 2019 VOLUME LXXXIV 412 Ordinance No. S5-19 AN ORDINANCE PROVIDING FOR ADVANCE FUNDING FOR THE CITY OF ELGIN POLICE PENSION FUND AND CITY OF ELGIN FIREFIGHTER PENSION FUND WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to provide advance funding for a portion of the City of Elgin's payments to the City of Elgin Police Pension Fund and the City of Elgin Firefighter's Pension Fund for fiscal year 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN: Section 1. That the City Manager, Richard G. Kozal, be and is hereby authorized and directed to provide advance funding for a portion of the City of Elgin's payment to the City of Elgin Police Pension Fund for fiscal year 2020 by transferring the total amount of Two Million Dollars ($2,000,000) from the City of Elgin’s general fund reserves to the City of Elgin Police Pension Fund. Section 2. That the City Manager, Richard G. Kozal, be and is hereby authorized and directed to provide advance funding for a portion of the City of Elgin's payment to the City of Elgin Firefighter Pension Fund for fiscal year 2020 by transferring the amount of Two Million Dollars ($2,000,000) from the City of Elgin’s general fund reserves to the City of Elgin Firefighter Pension Fund. Section 3. That the foregoing transfers from the City of Elgin general fund reserves to the City of Elgin Police Pension Fund and City of Elgin Firefighter’s Pension Fund shall be made within thirty (30) days hereof and such payments shall be included within a budget amendment for the 2019 budget to be hereinafter presented to the City Council. Section 4. 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: September 11, 2019 Passed: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 11, 2019 Published: September 13, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV SEPTEMBER 11, 2019 413 ORDINANCE G49-19 PASSED ADOPTING FURTHER AMENDMENTS TO THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G49-19 AN ORDINANCE ADOPTING FURTHER AMENDMENTS TO THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE WHEREAS, additional requirements for stormwater control and water quality/best management practices, and other amendments to the Kane County Stormwater Management Ordinance are necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the further amendments to the Kane County Stormwater Management Ordinance as set forth in of Kane County Ordinance No. 19-151 entitled "Amending the Kane County Stormwater Management Ordinance", a copy of such ordinance being attached hereto as Exhibit 1, are hereby adopted by the City of Elgin and are and shall be deemed to be included within the City of Elgin’s adoption of the Kane County Stormwater Management Ordinance, as amended, as provided for in Section 21.01.010 of the Elgin Municipal Code, 1976, as amended, entitled "Adopted:". Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor SEPTEMBER 11, 2019 VOLUME LXXXIV 414 Presented: September 11, 2019 Passed: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 11, 2019 Published: September 13, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Heritage Commission, August 6, 2019 Human Relations Commission, June 4, 2019 Committee of the Whole, August 14, 2019 City Council Minutes, August 14, 2019 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dixon made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:53 p.m. s/ Kimberly Dewis September 25, 2019 Kimberly Dewis, City Clerk Date Approved 415 VOLUME LXXXIV SEPTEMBER 25, 2019 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 September 25, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:25 p.m. The Invocation was given by Chaplain Al Keating, Senior Chaplain for Elgin Police Department, and the Pledge of Allegiance was led by Councilmember Corey Dixon. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE SEPTEMBER 11, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Lopez, to approve the September 11, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Kane County Association for Home and Community Education Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Illinois Association for Home and Community Education was organized under the name Illinois Home Bureau Federation for the purpose of improving rural living and family and community life; and WHEREAS, Illinois Association for Home and Community Education was initiated in July, 1915; an Advisor was hired by the University of Illinois to develop a home improvement association. Kane County joined this University of Illinois Extension program in 1918; and WHEREAS, Illinois Association for Home and Community Education evolved from SEPTEMBER 25, 2019 VOLUME LXXXIV 416 Kane County Home Bureau Federation to Kane County Homemakers Education Association to the 2008 change, Kane County Association for Home and Community Education; and WHEREAS, Kane County Association for Home and Community Education is based at the University of Illinois Extension, 535 Randall Road, St. Charles, Illinois; and WHEREAS, Kane County Association for Home and Community Education is dedicated to addressing the issues of community outreach, cultural enrichment, family living, international study, public relations and community involvement for the entire population of Kane County, regardless of race color, national origin, sex, age or creed. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, congratulate the Plato Center Unit of Kane County Association for Home and Community Education and designate the week of October 13-19 as HCE week. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of September, 2019. David J. Kaptain Mayor Grand Victoria Casino 25th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Grand Victoria Casino opened to the public on October 6, 1994 and boasts 1,100 slot machines, a countless variety of table games, four extraordinary and award- winning restaurants, making the casino one of the best gaming, dining and entertainment destinations in the Chicagoland area; and WHEREAS, Originally, the casino was required to leave its dock and cruise the Fox River for people to gamble, moving about 1,600 feet up the river and then floating back to the dock for approximately 1-1/2 hours, which ended when dockside gambling was enacted and the casino went dockside July 1st, 1999; and WHEREAS, The Grand Victoria Casino contributes 20% of its net operating income to both the Grand Victoria Foundation and Kane County’s Riverboat Fund. Both are fully funded by the Grand Victoria Casino and provide support for education, environmental and economic development projects and programs as well as those aimed at strengthening the County’s communities and solve issues for residents. The Grand Victoria Casino is the only casino in Illinois that gives back, at this level, to its host city and state of Illinois; and VOLUME LXXXIV SEPTEMBER 25, 2019 417 WHEREAS, The partnership with the Casino has benefited the City greatly through the use of its share of casino revenues, which money has paid for innumerable projects over the years, such as The Centre of Elgin and countless local arts and nonprofit programs and infrastructure projects; and WHEREAS, Eldorado Resorts acquired the Grand Victoria Casino as well as Tropicana Entertainment in 2018, and then announced its acquisition of Caesar’s Entertainment in June 2019, making it the largest gaming company in the U.S.; NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, hereby congratulate the Grand Victoria Casino on reaching its 25th anniversary and on behalf of all citizens of Elgin wish the Casino many more years of success. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of September 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Colin Marks, addressed the council about the use of Personal Transit Vehicles (PTV) and Low Speed Vehicles (LSV) and their use in Highland Wood Subdivision. PETITION 30-19 APPROVED FOR 221 E. CHICAGO STREET – CONDITIONAL USE TO ESTABLISH AN EMPLOYMENT AGENCY Marc Mylott, Community Development Director, outlined Petition 30-19. The petition would grant a conditional use to establish an employment agency at the location. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. There was discussion regarding the types of jobs, the hourly wage, and the marketing plan for the business. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 30-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 31-19 APPROVED FOR 168 E. HIGHLAND AVENUE – CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE Marc Mylott, Community Development Director, outlined Petition 31-19. The petition would grant a conditional use to establish a commercial event space at the location. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. SEPTEMBER 25, 2019 VOLUME LXXXIV 418 Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 31-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G51-19 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (168 EAST HIGHLAND AVENUE) Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G51-19 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (168 East Highland Avenue) WHEREAS, written application has been made requesting conditional use approval to establish a commercial event space for activities pertaining to assembly of people at 168 East Highland Avenue; and WHEREAS, the zoning lot with the building containing the premises at 168 East Highland Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a commercial event space for activities pertaining to assembly of people is listed as a conditional use within the CC1 Center City District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on September 9, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & Zoning Commission; and VOLUME LXXXIV SEPTEMBER 25, 2019 419 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. 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 September 9, 2019, and the recommendations made by the Community Development Department and the Planning & 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 commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 168 East Highland Avenue and commonly identified by Kane County Property Index Numbers 06-14-281-001, 06-14-281-003, 06-14-281-004, 06-14-281-005, and 06-14-281-006, and legally described as follows: Parcel 2: That part of lots 1 thru 5. Both inclusive. In block 17 of the original town of Elgin as laid out by James T Gifford. Bounded and described as follows: Commencing at the intersection of the South line of lot 4 in block 17 of the original town of Elgin with the Easterly line of the right-of-way of the Chicago and Northwestern Railway Company, which point is 120.50 feet from East from the Southwest corner of said block 17, thence East on said South line of said lot 4, 10.37 feet to the point of beginning: thence north, parallel with the east line of said lot 4, 75.50 feet to the center line of a wall standing at the North end of a stone building: thence Westerly along said wall, 47.60 feet to the Easterly line of the right-of-way of the Chicago and Northwestern Railway Company; thence Northwesterly along said Easterly right-of-way, 58.27 feet to a point on the south line of the right-of-way of East Division Street, said South line is also the North line of lots 1 thru 5; thence east along said South line right-if-way, 206.69 feet to a point, said point being the North East corner of lot 2 in block 17 in said original town of Elgin, thence South along the East line of said lot 2, 132.69 feet to a point on the North right-of-way line of East Highland Avenue, said line is also the South line of lots 1 thru 5; thence west along said North line of said right-of-way. 134.00 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. (commonly known as 168 East Highland Avenue) 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 Darren Mensching and Marilyn Mensching DBA The Highland Loft, as applicants, and Kurt Kresmery, as property owner, received August 2, 2019 and supporting documents SEPTEMBER 25, 2019 VOLUME LXXXIV 420 including: a. Undated The Highland Loft Event Venue letter, received August 2, 2019; b. Undated proposed wall sign drawing, received August 20, 2019, with such further revisions as required by the Community Development Director; c. Plat of Survey, prepared by John D. Rebik & Associates, dated July 7, 1997; d. Banquet Plan 1, prepared by Silva Architects, dated August 1, 2019, with such further revisions as required by the Community Development Director; e. Banquet Plan 2, prepared by Silva Architects, dated August 1, 2019, with such further revisions as required by the Community Development Director; and f. Convention Plan, prepared by Silva Architects, dated August 1, 2019, with such further revisions as required by the Community Development Director. 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 proposed commercial event space may install one wall graphic with maximum surface area of 28 square feet in substantial conformance to the following: a. Undated proposed wall sign drawing, received August 20, 2019,with such further revisions as required by the Community Development Director; The wall graphic shall be the channel-letters-type street graphic. A box-type wall graphic is not permitted. 3. The proposed commercial event space may install one projecting wall graphic or one A-frame graphic, but not both. If a projecting graphic is installed, it shall comply with the location, size, illumination, number, mounting, and materials requirements for projecting graphics in the zoning ordinance. If an A-frame type graphic is installed, it shall comply with the location, size, design, illumination, number, time restrictions, and certificate of insurance requirements for A-frame graphics in the zoning ordinance. 4. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners, Breakout Session, and/or Round-Table Discussions; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Beer, Wine, Liquor, and/or Food Tastings; f. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs; g. Conferences, Conventions, and/or Seminars; h. Colloquiums; i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; j. Corporate and/or Non-profit Events; k. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting VOLUME LXXXIV SEPTEMBER 25, 2019 421 Classes: l. Exhibitions, including but not limited to Art Shows; m. Expositions; n. Fairs and/or Festivals; o. Fundraisers; p. Funeral Services; q. Galas; r. Gallery Displays, including but not limited to works of art, either temporary or permanent; s. Holiday Parties; t. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events; u. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; v. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; w. Networking Events; x. Plenary or General Sessions; y. Political Events; z. Press Conferences; aa. Product Launch Events; bb. Receptions; cc. Retreats and Tam Buildings Events; dd. Social Events; ee. Symposiums; ff. Themed Events; gg. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and hh. Other like assemblies of people. 5. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 6. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended. SEPTEMBER 25, 2019 VOLUME LXXXIV 422 7. 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: September 25, 2019 Passed: September 25, 2019 Vote: Yeas: 9 Nays: 0 Recorded: September 25, 2019 Published: September 27, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-135 ADOPTED 19-135 ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-135 RESOLUTION ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM 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, be and is hereby authorized and directed to accept the proposals on behalf of the City of Elgin for the city’s insurance program commencing October 1, 2019 as follows: VOLUME LXXXIV SEPTEMBER 25, 2019 423 a. To accept Travelers’ renewal proposal for liability and crime insurance for an annual premium of $596,560. b. To accept Safety National’s renewal proposal for excess workers’ compensation insurance for an annual premium of $ 237,893. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 25, 2019 Adopted: September 25, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Dixon, to pass Ordinance No. G50-19 and adopt Resolution Nos. 19-132 through 19-134 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-132 ADOPTED 19-132 ADOPTED APPROVING FUNDING FOR THE PURCHASE OF A SWIFT WATER AND DIVE RESCUE VEHICLE TO IMPROVE WATER RESCUE EFFICIENCIES Councilmember Powell made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-132 RESOLUTION APPROVING FUNDING FOR THE PURCHASE OF A SWIFT WATER AND DIVE RESCUE VEHICLE TO IMPROVE WATER RESCUE EFFICIENCIES 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 SEPTEMBER 25, 2019 VOLUME LXXXIV 424 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 enter into a contract on behalf of the City of Elgin with a vendor recommended by the Fire Chief and approved by the City Manager for the purchase of a swift water and dive rescue vehicle for the fire department in an amount not to exceed $50,000, with the form of such a contract being approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 25, 2019 Adopted: September 25, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-133 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE WILL GROUP, INCORPORATED FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LED STREET LIGHT CONVERSION PROGRAM Councilmember Powell made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-133 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE WILL GROUP, INCORPORATED FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LED STREET LIGHT CONVERSION PROGRAM 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 Agreement on behalf of the City of Elgin with The Will Group, Incorporated, for professional services in connection with the LED Street Light Conversion Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV SEPTEMBER 25, 2019 425 Presented: September 25, 2019 Adopted: September 25, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-134 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH IGLESIA APOSTOLICA DE LA FE IN CRISTO JESUS IN THE UNITED STATES INC., AN ILLINOIS NOT FOR PROFIT CORPORATION (2600 HOPPS ROAD, ELGIN, ILLINOIS) Councilmember Powell made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-134 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH IGLESIA APOSTOLICA DE LA FE IN CRISTO JESUS IN THE UNITED STATES INC., AN ILLINOIS NOT FOR PROFIT CORPORATION (2600 Hopps Road, Elgin, Illinois) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. SEPTEMBER 25, 2019 VOLUME LXXXIV 426 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 25, 2019 Adopted: September 25, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2, 1873 AND RECORDED MAY 5, 1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD AS OCCUPIED ON DECEMBER 17, 1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD, 152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1429.50 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. VOLUME LXXXIV SEPTEMBER 25, 2019 427 ORDINANCE G50-19 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 Powell made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G50-19 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 subparagraph Q thereof to read as follows: "Q. The number of Class F licenses shall not exceed ten (10) in number. Section 2. That all ordinances or parts of ordinance 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: September 25, 2019 Passed: September 25, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 25, 2019 Published: September 27, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SEPTEMBER 25, 2019 VOLUME LXXXIV 428 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, August 12, 2019 Emergency Telephone System Board (E-911), August 15, 2019 Heritage Commission, Design Review, August 13, 2019 Liquor Control Commission, August 14, 2019 Committee of the Whole, August 28, 2019 City Council Minutes, August 28, 2019 Sales Tax Revenue Telecommunications Tax Revenue Natural Gas Tax Revenue Alcoholic Liquor Tax Revenue Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dixon made a motion, seconded by Councilmember Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:06 p.m. s/ Kimberly Dewis October 9, 2019 Kimberly Dewis, City Clerk Date Approved 429 VOLUME LXXXIV OCTOBER 9, 2019 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 October 9, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:16 p.m. The Invocation was given by Pastor Brit Gilman, from the Harvest Bible Chapel and the Pledge of Allegiance was led by Elgin Police Explorers. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: Councilmember Martinez. MINUTES OF THE SEPTEMBER 25, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Lopez, to approve the September 25, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Crop Hunger Walk Day in Elgin Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, healthy food is essential to thriving, to growth and to a prosperous, long life, but those without land to grow food or money to buy it are likely to suffer from hunger; and WHEREAS, 800 million people around the world are hungry, including 11 to 12 percent of Americans, 3.2 million children die from hunger each year and 66 million primary school age children around the world go to school hungry, with one in five American schoolchildren who risk going to school hungry; and OCTOBER 9, 2019 VOLUME LXXXIV 430 WHEREAS, the CROP Hunger Walk has been organizing cities and towns across America to fight hunger around the world and in their communities for 50 years; and WHEREAS, Elgin has been part of the CROP Hunger Walk since 1983 raising over $625,000 in the fight against hunger; and WHEREAS, by participating in the CROP Hunger Walk, attention can be drawn not only to the problems of hunger, but also to solutions, improving the quality of life of all of our neighbors, no matter where they live, and supporting thriving livelihoods for all people. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Sunday, October 20, 2019 as CROP HUNGER WALK DAY in Elgin and encourage all citizens to support observances that raise public awareness concerning hunger and poverty, their causes and their solutions. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of October, 2019 David J. Kaptain Mayor Domestic Violence Awareness Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, violence against women and children continues to become a more prevalent problem and is not confined to any group of people, but across all economic, gender, racial and societal barriers and is supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security and humanity through the systematic use of physical, emotional, sexual, psychological and economic control and/or abuse; and WHEREAS, the impact of domestic violence is wide-ranging, directly affecting families and society as a whole; and WHEREAS, it is battered women themselves who have been at the forefront of efforts to bring peace and equity to the home; and WHEREAS, it is fitting to set aside a special time to bring this issue to the attention of all residents of the City of Elgin so they can become better informed and involved in programs to eliminate this epidemic from our society. VOLUME LXXXIV OCTOBER 9, 2019 431 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the month of October 2019 as Domestic Violence Awareness Month in the City of Elgin and encourage our residents to join forces with victim service programs, criminal justice officials and concerned citizens across the country to raise the public awareness of domestic violence issues. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of October, 2019. David J. Kaptain Mayor Elgin Police Explorer Recognition Lieutenant Kevin Senne recognized the Police Explorers for their achievements at a recent competition. RECOGNIZE PERSONS PRESENT Joe Galli, President of Local 439, thanked Councilmembers Lopez, Powell and Rauschenberger for their participation in Fire Ops 101. Phyllis O’Neal stated her concerns about enforcement of the noise ordinance in her neighborhood. James Mantalbano stated his concerns about noise ordinance violations in his neighborhood. SUBURBAN PURCHASING COOPERATIVE AGREEMENT APPROVED WITH VARIOUS VENDORS FOR THE PURCHASE OF PUBLIC SERVICES EQUIPMENT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve contracts with Currie Commercial Center in the amount of $165,577 for the purchase of three Ford F450 Dump Trucks and with Midwest Paving Equipment in the amount of $35,953 for one Falcon Hotbox Asphalt Trailer for a total purchase of $201,530. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. OCTOBER 9, 2019 VOLUME LXXXIV 432 PETITIONS 17-19 AND 24-19 APPROVED FOR THE PROPERTY LOCATED AT 453 FREMONT STREET FOR AN AMENDMENT TO PLANNED DEVELOPMENT AND CONDITIONAL USE TO ESTABLISH A DAYTIME COMMUNITY RESOURCE CENTER Marc Mylott, Community Development Director, provided an overview of petitions 17-19 and 24-19 to allow for a community resources center at 453 Fremont Street. Staff and the Planning and Zoning Commission recommended approval subject to conditions as outlined in the memo. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petitions 17-19 and 24-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-141 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH IDEMIA IDENTITY & SECURITY USA, LLC, FOR THE PURCHASE OF LIVESCAN STATION TOUCH-PRINT FINGERPRINT SYSTEMS Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-141 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH IDEMIA IDENTITY & SECURITY USA, LLC, FOR THE PURCHASE OF LIVESCAN STATION TOUCH-PRINT FINGERPRINT SYSTEMS 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 Idemia Identity & Security USA, LLC, for the purchase of LiveScan Station Touch-Print Fingerprint Systems, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV OCTOBER 9, 2019 433 Presented: October 9, 2019 Adopted: October 9, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-142 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION, AN ILLINOIS NOT-FOR-PROFIT CORPORATION (EDGEWATER SUBDIVISION) Councilmember Dixon made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-142 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION, AN ILLINOIS NOT-FOR-PROFIT CORPORATION (Edgewater Subdivision) WHEREAS, City and the owner of certain property within the Edgewater Subdivision have proposed that the annexation agreement between such owner and the City of Elgin be further amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Third Amendment to Annexation Agreement with Edgewater By Del Webb Community Association is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment to Annexation Agreement with Edgewater By Del Webb Community Association, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor OCTOBER 9, 2019 VOLUME LXXXIV 434 Presented: October 9, 2019 Adopted: October 9, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G53-19 PASSED AMENDING ORDINANCE NO. G41-05, WHICH CLASSIFIED NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (EDGEWATER SUBDIVISION-2700 BOWES ROAD) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G53-19 AN ORDINANCE AMENDING ORDINANCE NO. G41-05, WHICH CLASSIFIED NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Edgewater Subdivision-2700 Bowes Road) WHEREAS, the territory herein described has been classified in the PCF Planned Community Facility District, and is subject to the requirements of Ordinance No. G41-05; and WHEREAS, written application has been made to amend PCF Planned Community Facility District Ordinance No. G41-05, to construct a commercial operations yard along the northern-most 250 feet of Prairie Shore Drive within Edgewater Subdivision, and WHEREAS, after due notice in the manner provided by law, the Planning and Zoning Commission conducted a public hearing concerning said application on August 5, 2019; 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 VOLUME LXXXIV OCTOBER 9, 2019 435 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 PCF Planned Community Facility District established by Ordinance No. G41-05, 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 August 5, 2019, 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 2. F. of Ordinance No. G41-05, which regulates “Land Use” in the PCF Planned Community Facility District of the Subject Property, is hereby amended to allow the following additional land use as a “permitted use” [SR] in this PCF zoning district: Miscellaneous Uses Division. 14. “Commercial Operations Yard” [SR] (UNCL) along the northern-most 250 feet of Prairie Shore Drive part of Edgewater Subdivision Section 3. That Section 2. G. of Ordinance No. G41-05, which regulates “Site Design” in the PCF Planned Community Facility District of the Subject Property, is hereby amended to include the following additional conditions: 9. Substantial conformance to the Development Application submitted by Edgewater by Del Webb Community Association, as applicant and property owner, received February 28, 2018, and supporting documents including: a. Undated Statement of Purpose and Conformance to Amend the Edgewater by Dell Webb Annexation Agreement with the City of Elgin, received February 28, 2018; b. Snow Equipment and Landscape Maintenance Storage Area Site Plan, prepared by Manhard Consulting Ltd., dated October 31, 2017, last revised August 14, 2019, with such further revisions as required by the Community Development Director; c. Storage Area and Landscape Maintenance Landscape Plan, prepared by Manhard Consulting Ltd., dated November 3, 2017, last revised August 14, 2019, with such further revisions as required by the Community Development Director; and d. “Edgewater Subdivision” Plat of Easement Abrogation and Grant, prepared by Manhard Consulting Ltd., dated April 3, 2019, last revised April 26, 2019, with such further revisions as required by the City Engineer. 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. OCTOBER 9, 2019 VOLUME LXXXIV 436 10. The gates at the north and south ends of the enclosed area for equipment storage shall be eight (8) feet high of solid material which matches the reminder of the fence enclosure in color and material. 11. The fence and gates enclosing the storage area shall be eight (8) feet high. 12. Additional evergreen landscaping materials must be installed on the exterior of the fence. 13. Compliance with all applicable codes and ordinances. Section 4. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G41-05. In the event of any conflict between this ordinance and Ordinances No. G41-05, this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Passed: October 9, 2019 Vote: Yeas: 8 Nays: 0 Recorded: October 9, 2019 Published: October 11, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-143 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION AND GRANT FOR EDGEWATER SUBDIVISION (EDGEWATER SUBDIVISION-2700 BOWES ROAD) Councilmember Steffen made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 9, 2019 437 Resolution No. 19-143 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION AND GRANT FOR EDGEWATER SUBDIVISION (Edgewater Subdivision-2700 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of easement abrogation and grant prepared by Manhard Consulting, Ltd., and dated April 3, 2019, last revised September 25, 2019 for the property legally described and depicted on such plat of easement abrogation and grant attached hereto as Exhibit A. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement abrogation and grant of easement for various public improvements, facilities and appurtenances from Edgewater By Del Webb Community Association regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement abrogation and grant to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G52-19 and adopt Resolution Nos. 19-136 through 19-140 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. OCTOBER 9, 2019 VOLUME LXXXIV 438 RESOLUTION 19-136 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-136 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND THE BOARD OF EDUCATION OF 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 an Agreement on behalf of the City of Elgin with the Board of Education of School District U-46, 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 Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-137 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH US DIGITAL DESIGNS, INC. FOR FIRE STATION ALERTING SYSTEM Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 9, 2019 439 Resolution No. 19-137 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH US DIGITAL DESIGNS, INC. FOR FIRE STATION ALERTING SYSTEM WHEREAS, the City of Elgin has heretofore entered into a contract with US Digital Designs, Inc. for the installation of fire station alerting system; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-138 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-138 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of David Lackey, Case No. 18 WC 23723, in the total amount of $30,520.13 is approved. OCTOBER 9, 2019 VOLUME LXXXIV 440 BE IT FURTHER RESOLVED that the proposed settlement of the pending workers' compensation cases of Mike Maslana, Case No. 16 WC 30808 and Case No. 18 WC 31039, in the total amount of $35,256.14 is approved. BE IT FURTHER RESOLVED that the proposed settlement of the pending workers’ compensation case of Joseph Sostre, Case No. 17 WC 7620, in the total amount of $118,214.95 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-139 ADOPTED APPROVING SETTLEMENTS OF CERTAIN CLAIMS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-139 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 Brandon and Amanda Yaniz which includes payment in the total amount of $45,000 is approved. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV OCTOBER 9, 2019 441 Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-140 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-140 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Wendi Howard is hereby appointed as a member of the Parks and Recreation Advisory Board, for terms that will expire on May 1, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jody Schmeck is hereby appointed as a member of the Parks and Recreation Advisory Board, for terms that will expire on May 1, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Madeline Ellsworth is hereby appointed as a Student Representative member of the Parks and Recreation Advisory Board, for terms that will expire on August 30, 2020. BE IT FURTHER RESOLVED that Thomas J. Aagesen is hereby reappointed as a member of the Board of Fire and Police Commissioners, for a term that will expire May 1, 2021. BE IT FURTHER RESOLVED that Anthony Ortiz is hereby appointed as a member of the Board of Fire and Police Commissioners, for a term that will expire May 1, 2020. BE IT FURTHER RESOLVED, that Christopher Flaherty is hereby appointed as members of the Sustainability Commission for terms that will expire June 1, 2020. OCTOBER 9, 2019 VOLUME LXXXIV 442 BE IT FURTHER RESOLVED that Bryan Miko and Laura Kenney are hereby reappointed as members of the Sustainability Commission, for terms that will expire June 1, 2022. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G52-19 PASSED GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (221 EAST CHICAGO STREET, UNIT A) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G52-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (221 East Chicago Street, Unit A) WHEREAS, written application has been made requesting conditional use approval to establish an employment agency, a personnel supply service, at 221 East Chicago Street, Unit A; and WHEREAS, the zoning lot with the building containing the premises at 221 E. Chicago Street, Unit A, is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a personnel supply service is listed as a conditional use within the CC1 Center City District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on September 9, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and VOLUME LXXXIV OCTOBER 9, 2019 443 WHEREAS, the Community Development Department and the Planning & 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 & 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. 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 September 9, 2019, and the recommendations made by the Community Development Department and the Planning & 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 employment agency, a personnel supply service, is hereby granted for the property commonly known as 221 East Chicago Street, Unit A, which is part of the property commonly identified by Kane County Property Index Number 06-13- 302-010, and legally described as follows: PARCEL 1: THE EAST 44 FEET OF LOT 2 IN BLOCK 11 OF ORIGINAL TOWN OF ELGIN, ON THE EAST OF FOX RIVER, IN THE CIT OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 221-223 East Chicago Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 2. Substantial conformance to the Development Application submitted by Employbridge, LLC dba Prologistix/ResourceMFG, as applicant, and Patrick O’Neil Property Group LLC, as property owner, received July 31, 2019, and supporting documents including: a. Conditional Use Statement of Purpose and Conformance, prepared by Employbridge, LLC, dated July 26, 2019; b. ALTA/ACSM Land Title Survey, prepared by MJM Consulting, Inc., dated November 20, 1999; c. Undated overall building floor plan, received August 5, 2019, with such further revisions as required by the Community Development Director; and OCTOBER 9, 2019 VOLUME LXXXIV 444 d. Undated floor plan for ProLogistix/Resource MFG 221 E. Chicago St. Unit A Elgin, IL 60120, received July 31, 2019, with such further revisions as required by the Community Development Director. 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. 3. The employment agency shall not directly provide transportation, otherwise arrange for transportation, or provide any compensation or accommodations for transportation, for any employers or employees to or from their employment locations. 4. All street graphics must comply with the zoning ordinance requirements. Any wall graphics to be installed must be channel-letters-type street graphic. 5. 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: October 9, 2019 Passed: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: October 9, 2019 Published: October 11, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. E-911 Board, August 15, 2019 Heritage Commission- Various Dates Committee of the Whole, September 11, 2019 VOLUME LXXXIV OCTOBER 9, 2019 445 City Council Minutes, September 11, 2019 Electricity Tax Revenue Hotel/Motel Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Lopez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:36 p.m. s/ Kimberly Dewis October 23, 2019 Kimberly Dewis, City Clerk Date Approved 446 VOLUME LXXXIV OCTOBER 23, 2019 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 October 23, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The Invocation was given by Pastor Jeff Mikyska of Holy Trinity Church and the Pledge of Allegiance was led by the Local Cub Scout Pack #14. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE OCTOBER 9, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the October 9, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Martinez abstained. COMMUNICATIONS National Red Ribbon Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, alcohol and drug abuse in this Nation have reached epidemic stages and it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31; and VOLUME LXXXIV OCTOBER 23, 2019 447 WHEREAS, business, government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the Coalition for a Safe & Healthy Elgin further commits its resources to ensure the success of the Red Ribbon Campaign. NOW, THEREFORE, I David Kaptain, Mayor of Elgin, do hereby proclaim October 23- 31, as RED RIBBON WEEK, and encourage all citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 23th day of October, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT James Harvey thanked the council for their support of Artspace. He invited the public to upcoming events being held at that location. BID 19-053 AWARDED TO JOSEPH J. HENDERSON & SONS, INC. FOR THE RIVER INTAKE BAR SCREEN REPLACEMENT Councilmember Steffen made a motion, seconded by Councilmember Dixon, to award a contract to Joseph J. Henderson & Sons, Inc., in the amount of $764,000 for the River Intake Bar Screen Replacement Project in order to replace equipment to ensure continued water treatment capacity. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING COOPERATIVE AGREEMENT AWARDED TO COMPASS MINERALS AMERICA INC. FOR THE 2019-2020 BULK ROAD SALT PURCHASE There were questions regarding the delivery schedule and how much salt was currently in the domes. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award an agreement to Compass Minerals America Inc. in the amount of $1,064,910 for the purchase of a quantity of bulk road salt to ensure the City has a sufficient supply for the 2019-2020 snow and ice removal programming. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. OCTOBER 23, 2019 VOLUME LXXXIV 448 SUBURBAN PURCHASING COOPERATIVE CONTRACTS AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF PUBLIC SAFETY VEHICLE AND OUTFITTING Councilmember Steffen made a motion, seconded by Councilmember Martinez, to award a contract to Sutton Ford for the purchase of the specialty vehicle and a contract to Ultra Strobe Communications, Inc. for outfitting of the new vehicle with light bars and other standard police equipment, all in the total amount of $150,330. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 32-19 APPROVED FOR THE PROPERTY LOCATED AT 1110 S. RANDALL ROAD – DEVELOPMENT PLAN APPROVAL TO CONSTRUCT A NEW RESTAURANT WITH A DRIVE-THROUGH SERVICE Marc Mylott, Community Development Director, provided an overview of petition 32-19 to allow for the construction of a restaurant with a drive through at 1110 S. Randall Road. Staff and the Planning and Zoning Commission recommended approval subject to conditions as outlined in the memo. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 32-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 23-19 APPROVED FOR THE PROPERTY 219 WALNUT AVENUE – CONDITIONAL USE TO ESTABLISH A DRINKING PLACE (ALCOHOLIC BEVERAGES) AND A COMMERCIAL EVENT SPACE AS PART OF AN EXISTING RESTAURANT Marc Mylott, Community Development Director, provided an overview of petition 23-19 to approve a conditional use to establish a drinking place. Mr. Mylott noted that the petitioner had withdrawn the request for the commercial event space. Staff and the Planning and Zoning Commission recommended approval subject to conditions as outlined in the memo. There was discussion regarding parking in the area. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 23-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 23, 2019 449 RESOLUTION 19-150 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC TO PROVIDE RETAIL ELECTRIC SERVICE TO THE CITY OF ELGIN AND ITS MUNICIPAL FACILITIES Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-150 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC TO PROVIDE RETAIL ELECTRIC SERVICE TO THE CITY OF ELGIN AND ITS MUNICIPAL FACILITIES 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 MC Squared Energy Supply, LLC, to provide retail electric service to the city and its municipal facilities, in a form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk OCTOBER 23, 2019 VOLUME LXXXIV 450 CONSENT AGENDA By unanimous consent, Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass Ordinance Nos. S6-19, and G54-19 through G57-19 and adopt Resolution Nos. 19-144 through 19-149 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-144 ADOPTED AUTHORIZING EXECUTION OF SERVICE AGREEMENTS WITH P&A ADMINISTRATIVE SERVICES, INC. FOR FLEXIBLE SPENDING, DEPENDENT CARE AND HEALTH RETIREMENT ACCOUNT PROGRAMS Councilmember Martinez made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-144 RESOLUTION AUTHORIZING EXECUTION OF SERVICE AGREEMENTS WITH P&A ADMINISTRATIVE SERVICES, INC. FOR FLEXIBLE SPENDING, DEPENDENT CARE AND HEALTH RETIREMENT ACCOUNT PROGRAMS 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 Service Agreements on behalf of the City of Elgin with P&A Administrative Services, Inc., for flexible spending dependent care and health retirement account programs, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV OCTOBER 23, 2019 451 RESOLUTION 19-145 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (AGREEMENT NO. OP-20-0114, 04-02) Councilmember Martinez made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-145 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (Agreement No. OP-20-0114, 04-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $136,364 for occupant protection and impaired driving enforcement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Debra Nawrocki, Chief Financial Officer, be and are hereby authorized and directed to execute a grant agreement with the State of Illinois and the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk OCTOBER 23, 2019 VOLUME LXXXIV 452 RESOLUTION 19-146 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER UTILITIES RISK AND RESILIENCE ASSESSMENT STUDY Councilmember Martinez made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-146 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER UTILITIES RISK AND RESILIENCE ASSESSMENT STUDY 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 Engineering Enterprises, Inc., for professional services in connection with the water utilities risk and resilience assessment study, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV OCTOBER 23, 2019 453 RESOLUTION 19-147 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH VARIOUS UTILITY DEPARTMENT PROJECTS Councilmember Martinez made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-147 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 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. 3 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: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-148 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 700 MCBRIDE STREET Councilmember Martinez made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. OCTOBER 23, 2019 VOLUME LXXXIV 454 Resolution No. 19-148 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 700 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 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 real estate contract on behalf of the City of Elgin with Brad R. Studt for the purchase of the property commonly known as 700 McBride Street for $89,314.00, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G54-19 PASSED AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G25-01 (453 FREMONT STREET AND 454 HICKORY PLACE) Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 23, 2019 455 Ordinance No. G54-19 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G25-01 (453 Fremont Street and 454 Hickory Place) WHEREAS, the territory herein described has been classified PCF Planned Community Facility District and is subject to the requirements of Ordinance No. G25-01; and WHEREAS, written application has been made to amend PCF Planned Community Facility Ordinance G15-01 to add “individual and family social services [832]” as a conditional use; and WHEREAS, the zoning lot containing the property commonly referred to as 453 Fremont Street and 454 Hickory Place is legally described within Ordinance No. G25-01 (and hereinafter referred to as the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on September 9, 2019 following due notice including 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 PCF Planned Community Facility 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 September 9, 2019, 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. OCTOBER 23, 2019 VOLUME LXXXIV 456 Section 2. That Section 2. F. of Ordinance No. G25-01, which regulates “Land Use” is hereby amended to include the following additional use: The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PCF District: Services Division: 1. Individual and family social services (832) Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G25-01. In the event of any conflict between this ordinance and Ordinance No. G25-01, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G55-19 PASSED GRANTING A CONDITIONAL USE FOR AN INDIVIDUAL AND FAMILY SOCIAL SERVICE (453 FREMONT STREET) Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 23, 2019 457 Ordinance No. G55-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN INDIVIDUAL AND FAMILY SOCIAL SERVICE (453 Fremont Street) WHEREAS, written application has been made requesting conditional use approval to establish a community resource center, an individual and family social service, at 453 Fremont Street; and WHEREAS, the zoning lot with the building containing the premises at 453 Fremont Street is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the PCF Planned Community Facility District established by Ordinance No. G25-01, as amended by Ordinance No. G54-19, and individual and family social service is listed as a conditional use within the PCF Planned Community Facility District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on September 9, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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 PCF Planned Community Facility 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 September 9, 2019, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. OCTOBER 23, 2019 VOLUME LXXXIV 458 Section 2. That a conditional use for a community resource center, an individual and family social service, is hereby granted for the property commonly known as 453 Fremont Street, which is commonly identified by Kane County Property Index Number 06-12-383-011, and legally described as follows: THE NORTH HALF OF THE WEST HALF OF LOT 1 OF SCHOONHOVEN’S ADDITION TO ELGIN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (commonly known as 453 Fremont Street) 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 Wayside Cross Ministries, as applicant, and Bethesda Church of God in Christ, as property owner, received May 17, 2019, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received May 17, 2019; b. A letter Regarding Wayside Cross Ministries Development Application – 453 Fremont Street, prepared by Stephen Silva AIA, LEED AP, dated July 22, 2019; c. Plat of Survey, prepared by Gerald Sopha, registered land surveyor, dated February 19, 1988; d. Bethesda Church Fremont Street Site Improvement Plan, prepared by Scheflow Engineers, dated June 1, 2001, with such further revisions as required by the Community Development Director; e. Basement Plan Sheet 4 of 18, prepared by Scheflow Engineers, last revised June 11, 2011, with such further revisions as required by the Community Development Director; f. First Floor Plan Sheet 5 of 18, prepared by Scheflow Engineers, last revised June 11, 2011, with such further revisions as required by the Community Development Director; g. North and West Elevations plan Sheet 10 of 18, prepared by Scheflow Engineers, dated April 20, 2001, with such further revisions as required by the Community Development Director; and h. South and East Elevations plan Sheet 11 of 18, prepared by Scheflow Engineers, dated April 20, 2001, with such further revisions as required by the Community Development Director. 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. VOLUME LXXXIV OCTOBER 23, 2019 459 2. The proposed dormitory shall provide overnight sleeping accommodations for maximum of four Resident Assistants who provide 24 hour security and assistance with organizational responsibilities. 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 Presented: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G56-19 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G56-19 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" 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 E, H, Q and Z thereof to read as follows: OCTOBER 23, 2019 VOLUME LXXXIV 460 "E. The number of Class B-1 licenses shall not exceed seven (7) in number. H. The number of Class B-4 licenses shall not exceed five (5) in number. Q. The number of Class F licenses shall not exceed eleven (11) in number. Z. The number of Class S licenses shall not exceed five (5) in number." Section 2. That Section 6.06.059 of the Elgin Municipal Code, 1976, as amended, entitled "Off Site Special Event Permit:" be and is hereby amended by amending the introductory paragraph to read as follows: "There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid Class A, A-1, AA, D, E, E-1, E-2, E-3, F, F- 1, K, M, N, O, R, or R-1 license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is twenty five dollars ($25.00). Any special event permit shall also be subject to the following:" Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance 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: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV OCTOBER 23, 2019 461 ORDINANCE S6-19 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2600 HOPPS ROAD) Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S6-19 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2600 Hopps Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2, 1873 AND RECORDED MAY 5, 1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD AS OCCUPIED ON DECEMBER 17, 1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD, 152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED OCTOBER 23, 2019 VOLUME LXXXIV 462 TO WILLIAM P. HILL, 1429.50 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. (Commonly known as 37W080 Hopps Road in unincorporated Kane County. 2600 Hopps Road, City of Elgin address upon annexation). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G57-19 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (2600 HOPPS ROAD) Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G57-19 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (2600 Hopps Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the CF Community Facility District; and VOLUME LXXXIV OCTOBER 23, 2019 463 WHEREAS, the zoning lot with the building containing the premises at 2600 Hopps Road is legally described herein (the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 5, 2019, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and 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 classifying certain territory in the CF Community Facility 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 August 5, 2019, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the CF Community Facility District the following described property: THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2, 1873 AND RECORDED MAY 5, 1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD OCTOBER 23, 2019 VOLUME LXXXIV 464 AS OCCUPIED ON DECEMBER 17, 1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD, 152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1429.50 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. (commonly known as 2600 Hopps Road). Section 3. That the subject property classified in the CF Community Facility District by this ordinance, shall be designed, developed, and operated subject to the following conditions: 4. Substantial conformance to the Development Application submitted by Iglesia Apostolica de la Fe in Cristo Jesus in the United States Inc., as applicant and property owner, received June 10, 2019, and supporting documents including: a. Undated Development Application Statement of Purpose, received June 10, 2019, revised July 15, 2019; b. City of Elgin Petition for Annexation, dated June 8, 2019; c. Plat of Survey, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated May 9, 2019; d. Map of Territory annexed to the City of Elgin, Kane County, Illinois, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated June 10, 2019, last revised July 24, 2019, with such further revisions as required by the City Engineer; and e. Plat of Dedication to the City of Elgin, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated June 10, 2019, last revised July 23, 2019, with such further revisions as required by the City Engineer. 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. In the event the septic system is found to require any repairs or expansion in the future, the applicant shall connect to the City’s sanitary sewer system. 6. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV OCTOBER 23, 2019 465 Presented: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-149 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR PUBLIC PURPOSES (2600 HOPPS ROAD-SOUTH 50.0 FEET) Councilmember Martinez made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-149 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR PUBLIC PURPOSES (2600 Hopps Road-South 50.0 Feet) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for public purposes prepared by Alan J. Coulson, P.C., a Professional Land Surveyor, and dated June 10, 2019, last revised July 23, 2019, for the property legally described as follows: The South 50.0 feet, (as measured perpendicular to the South line thereof), of that part of the Northeast Quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the North line of said Section 32, that is the Northwest corner of the Tract of land conveyed to William P. Hill, by Deed dated May 2, 1873 and recorded May 5, 1873 as Document 1475 in Book 143, page 439; thence Westerly along the North line of said Section 32, 152.40 feet; thence Southerly parallel with the West line of said lands conveyed to William P. Hill, 1430.21 feet to a point on the centerline of a Public Road as occupied on December 17, 1929 that is 152.42 feet Westerly of the Southwest corner of said lands conveyed to William P. Hill; thence Easterly along the centerline of said Public Road, 152.42 feet to the Southwest corner of said lands conveyed to William P. Hill; thence North along the West line of said lands conveyed to William P. Hill, 1429.50 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. OCTOBER 23, 2019 VOLUME LXXXIV 466 BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, August 12 and September 9, 2019 Design Review Subcommittee, August 13, August 27, and September 10, 2019 Board of Health, April 8, 2019 Heritage Commission, September 3, 2019 Liquor Control Commission, August 14, 2019 Planning and Zoning Commission, August 5, 2019 Liquor Tax Revenue Motorfuel Tax Revenue Riverboat Revenue Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Video Gaming Revenue Disbursement Report VOLUME LXXXIV OCTOBER 23, 2019 467 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Lopez made a motion, seconded by Councilmember Gavin, to adjourn meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:04 p.m. s/ Kimberly Dewis November 6, 2019 Kimberly Dewis, City Clerk Date Approved 468 NOVEMBER 6, 2019 VOLUME LXXXIV 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 November 6, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Pastor Carol Book, Bethlehem Church and the Pledge of Allegiance was led by Jennifer Phillips, 311 Citizen Services Manager. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE OCTOBER 23, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the October 23, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Veterans Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the citizens of our country are justly proud of the men and women who have fought to defend the principles of liberty and freedom on which our nation was founded and our veterans reflect the preeminent qualities of patriotism and courage in all of us and continue to make countless contributions to military and civilian life; and WHEREAS, from the Revolutionary-era militias through today's sophisticated defense structure, American service members have defended our country in times of challenge, brought honor to the United States and created a solid foundation for its continued security, growth and prosperity; and VOLUME LXXXIV NOVEMBER 6, 2019 469 WHEREAS, despite the tremendous perils and pressures of wartime, our Armed Forces have bravely defended the country and the citizens of the United States will forever owe an immense debt of gratitude to our veterans for the sacrifices they have made to secure the safety of our country; and WHEREAS, as an expression of that gratitude, President Dwight D. Eisenhower signed into law an act calling for the observance of Veterans Day in remembrance of the end of World War I, and as a perpetual reminder of the blessings of peace; and WHEREAS, many men and women from the Illinois National Guard are serving in various areas in the Middle East along with many other Elgin residents serving in the United States Army, Air Force, Navy, Marines and Coast Guard and we honor the contributions and accomplishments of all our veterans. NOW THEREFORE, I, David Kaptain, Mayor of the City of Elgin, am proud to proclaim Tuesday, November 11, 2019 as Veterans Day in the City of Elgin and urge the American Flag to be displayed on our public buildings and homes and that the citizens of Elgin attend the ceremony to be held at Veterans Park located north of the Gail Borden Library on the 11th of November 2019 at 11:00 am. IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of November, 2019. David Kaptain Mayor RECOGNIZE PERSONS PRESENT Krisilee Murphy, Executive Director for Elgin Area Convention & Visitors Bureau, announced the Bureau received a $30,000 state grant. She thanked the city council for their continued support. Vaughn Kursner, Waste Management, thanked the city for their continuing partnership. BID 19-051 AWARDED TO TRICO MECHANICAL, INC. FOR FURNACE AND AIR CONDITIONING REPLACEMENT Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve a contract with Trico Mechanical, Inc. in the amount of $312,730 to replace sixteen furnace and air conditioning units that have reached the end of their useful life. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 6, 2019 VOLUME LXXXIV 470 US COMMUNITIES JOINT PURCHASING COOPERATIVE APPROVED WITH KONE ELEVATOR FOR ELEVATOR UPGRADES Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve a contract with Kone Elevator in the amount of $30,255 to upgrade elevators to provide safer and more dependable operation. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. US COMMUNITIES JOINT PURCHASING COOPERATIVE AGREEMENT APPROVED WITH TRANE FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT CHILLER PURCHASE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve a contract with Trane in the amount of $27,601 to purchase a new chiller to support the lab at the Leo Nelson Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT APPROVED WITH F. H. PASCHEN FOR LEO NELSON RIVERSIDE WATER TREATMENT PLANT CHILLER INSTALLATION Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve a contract with F. H. Paschen in the amount of $169,988 to install a new chiller to support the lab at the Leo Nelson Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-155 ADOPTED REPEALING RESOLUTION NO. 19-150 REGARDING AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC AND RATIFYING THE EXECUTION OF AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC, TO PROVIDE RETAIL ELECTRIC SERVICE TO THE CITY OF ELGIN AND ITS MUNICIPAL FACILITIES There was discussion regarding green energy, wholesale energy and the costs associated with each type. Also discussed was the way green energy credits were applied. Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Shaw. VOLUME LXXXIV NOVEMBER 6, 2019 471 Resolution No. 19-155 RESOLUTION REPEALING RESOLUTION NO. 19-150 REGARDING AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC AND RATIFYING THE EXECUTION OF AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC, TO PROVIDE RETAIL ELECTRIC SERVICE TO THE CITY OF ELGIN AND ITS MUNICIPAL FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution No. 19-150 adopted on October 23, 2019, providing for the execution of an agreement with MC Squared Energy Supply, LLC, be and is hereby repealed. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B9 the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an Agreement on behalf of the City of Elgin by Richard G. Kozal, City Manager and Kimberly A. Dewis, City Clerk, with MC Squared Energy Supply, LLC, to provide retail electric service to the City of Elgin and its municipal facilities, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Adopted: November 6, 2019 Vote: Yeas: 7 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-156 ADOPTED AUTHORIZING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN’S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 6, 2019 VOLUME LXXXIV 472 Resolution No. 19-156 RESOLUTION AUTHORIZING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the proposal of Blue Cross Blue Shield of Illinois for the City of Elgin's HMO and PPO medical insurance program for the period of January 1, 2020 through December 31, 2020. BE IT FURTHER RESOLVED that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Blue Cross Blue Shield of Illinois for the City of Elgin's HMO and PPO medical insurance program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Adopted: November 6, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-157 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC. FOR PROVISION OF REFUSE, RECYCLABLES AND YARDWASTE COLLECTION SERVICES There was discussion regarding the organics program, the senior rate for single family and multifamily units. Also discussed was the marketing plan for program changes. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV NOVEMBER 6, 2019 473 Resolution No. 19-157 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC. FOR PROVISION OF REFUSE, RECYCLABLES AND YARDWASTE COLLECTION 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 Second Amendment Agreement on behalf of the City of Elgin with Waste Management of Illinois, Inc. for provision of refuse, recyclables and yardwaste collection services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Adopted: November 6, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G58-19 through G61-19 and adopt Resolution Nos. 19-151 through 19-154 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-151 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2019 Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 6, 2019 VOLUME LXXXIV 474 Resolution No. 19-151 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Ride in Kane Pace Subsidy Agreement on behalf of the City of Elgin with Pace, the Suburban Bus Division of the Regional Transportation Authority, for services during 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Adopted: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-152 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE NEW FREEDOM/JARC AND 5310 SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE IN KANE PROGRAM (PHASE 17 THROUGH 18 – AUGUST 2019 THROUGH AUGUST 2021) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-152 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE NEW FREEDOM/JARC AND 5310 SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE IN KANE PROGRAM (Phase 17 through 18 – August 2019 through August 2021) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and is hereby authorized and directed to execute a Ride in Kane New Freedom/JARC and 5310 Service Agreement, (Phase VOLUME LXXXIV NOVEMBER 6, 2019 475 17 through 18-August 2019 through August 2021), on behalf of the City of Elgin with Association for Individual Development regarding the Ride in Kane Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Adopted: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-153 ADOPTED ACCEPTING GRANT OF THE DEPARTMENT OF JUSTICE FY2017 AND FY2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD FOR TRAINING AND SOFTWARE PURCHASES AND RATIFYING THE EXECUTION OF INTERGOVERNMENTAL AGREEMENTS RELATING THERETO Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-153 RESOLUTION ACCEPTING GRANT OF THE DEPARTMENT OF JUSTICE FY2017 AND FY2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD FOR TRAINING AND SOFTWARE PURCHASES AND RATIFYING THE EXECUTION OF INTERGOVERNMENTAL AGREEMENTS RELATING THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Department of Justice FY2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award in the amount of $13,297 and ratifying the execution of an Intergovernmental Agreement between the City of Aurora, the City of Elgin and the County of Kane, Justice Assistance Grant (JAG) Program Award by Richard G. Kozal, City Manager, regarding training and software purchases. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the City of Elgin, Illinois hereby accepts the Department of Justice FY2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award in the amount of $13,005 and NOVEMBER 6, 2019 VOLUME LXXXIV 476 ratifying the execution of an Intergovernmental Agreement between the City of Aurora, the City of Elgin and the County of Kane, Justice Assistance Grant (JAG) Program Award by Richard G. Kozal, City Manager, regarding training and software purchases. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Adopted: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-154 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-154 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Joshua Miller, Case No. 17 WC 13237, in the total amount of $67,828.25 is approved. BE IT FURTHER RESOLVED that the proposed settlement of the pending workers' compensation case of Michael Villareal, Case No. 18 WC 184, in the total amount of $158,128 is approved. BE IT FURTHER RESOLVED that the proposed settlement of the pending workers’ compensation case of Rick Wallace, Case No. 17 WC 6208, in the total amount of $64,727.53 is approved. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV NOVEMBER 6, 2019 477 Presented: November 6, 2019 Adopted: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G58-19 PASSED ESTABLISHING AN AMENDED POLICY FOR INCURRING DEBT FOR THE CITY OF ELGIN Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G58-19 AN ORDINANCE ESTABLISHING AN AMENDED POLICY FOR INCURRING DEBT FOR THE CITY OF ELGIN WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Constitution of the State of Illinois; and WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, a policy for incurring debt for the City of Elgin pertains to the government and affairs of the City of Elgin; and WHEREAS, the City of Elgin’s current policy for incurring debt was established pursuant to Resolution 02-161 approved by the city council of the City of Elgin on April 24, 2002; and WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to update the city’s policy for incurring debt. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution 02-161 adopted by the city council of the City of Elgin on April 24, 2002, establishing a policy of incurring debt, be and hereby is amended in its entirety and an amended policy for incurring debt for the City of Elgin be and is hereby established to read as follows: NOVEMBER 6, 2019 VOLUME LXXXIV 478 Section 1. Purpose. The City’s Debt Management Policy provides comprehensive guidelines for the issuance and management of debt, as well as the reporting and continuing disclosure requirements related to the City of Elgin’s debt financing. It is the objective of the policy for the City to obtain financing only when necessary, establish conditions to obtain financing at the lowest cost, retain the highest practical credit rating, and to maintain full and complete financial disclosure and reporting. In addition to adherence to this policy, the City’s financing will also be in compliance with applicable Federal law, U.S. Securities and Exchange Commission (SEC) regulations, and Illinois Compiled Statutes (ILCS) as supplemented by the City’s home rule powers. This policy provides a functional tool for debt management, as well as, enhancing the City's reputation for managing its debt in a conservative and prudent manner. Adherence to the policy is essential to ensure the City maintains a sound financial position and protects the credit quality of its obligations. Section 2. Scope. This policy will be all-inclusive of debt issued by the City including, but not limited to, general obligation bonds, revenue bonds, installment contracts, leases, special service area bonds, special assessment bonds, working cash bonds, tax anticipation warrants, tax anticipation notes, revenue anticipation notes, and tax increment bonds. In addition, refunding bonds may be issued and can save municipalities interest costs. This policy contains certain elements on procedures and practices to achieve the objectives of the policy and to ensure professional standards are defined and met in the policy’s implementation. Section 3. Legal and Regulatory Requirements. A. Federal: The Internal Revenue Code (IRC) of 1986 as amended and its arbitrage and rebate regulations govern the tax-exempt status of municipal bonds. Upon issuance of any municipal bonds, the City will covenant to follow certain federal rules and regulations in order to maintain the tax-exempt status of the bonds. To receive these benefits, the City must ensure that the requirements under the IRC are met, generally for as long as the bonds remain outstanding. These requirements include, but are not limited to: 1. File Internal Revenue Service (IRS) Form 8038-G, Information Return for Tax-Exempt Governmental Obligations ($100,000 or greater) or Form 8038-GC, Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales (less than $100,000); 2. Bond proceeds must be used to finance activities of, or facilities owned, operated or used by, the issuer for its purpose or another state or local government for its own purposes; VOLUME LXXXIV NOVEMBER 6, 2019 479 3. Allocate to expenditures not later than 18 months after the later of the date each expenditure is paid or the date the project, if any, that is financed by the issue is placed in service; and 4. Rebate to the IRS for investments earning a yield materially higher than the yield of the bond issue (arbitrage), unless an appropriate exception to the rebate requirement is met. B. U.S. Securities and Exchange Commission (SEC): Congress passed the Securities Act of 1933 with the objective of providing investors full disclosure of material facts about securities offered and sold. In 1934, Congress passed the Securities Exchange Act of 1934 that created the Securities and Exchange Commission (SEC) and empowered the SEC with broad authority over most aspects of the securities industry. Although municipal securities are exempt from many of the requirements, the City is still subject to: 1. Rule 10b-5 of the Securities Exchange Act of 1934: Sets out the general statement of federal intent to protect investors against misleading statements or omissions of important facts in official statements or other documents pertaining to the bond issuance; and 2. Rule 15c2-12 of the Securities Exchange Act of 1934 (“Rule 15c2-12”): Governs the preparation and distribution of official statements for municipal securities and meeting continuing disclosure requirements. C. State: By virtue of its population and pursuant to the provisions of Section 6 of Article VII of the Constitution of the State of Illinois (the “Constitution”), the City is a home rule unit and may exercise any power or perform any function pertaining to its government and affairs including, but not limited to, the power to tax and to incur debt. Pursuant to the provisions of said Section 6, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval. On the 23rd day of April, 1975, the City Council of the City adopted an ordinance determining the procedures to be followed in the borrowing of money for public purposes of the City and in evidence of such borrowing the issuing of full faith and credit bonds of the City without referendum approval, such ordinance being entitled: Ordinance No. G22-75 AN ORDINANCE establishing procedures to be followed by the City of Elgin, Kane and Cook Counties, Illinois, in issuing non-referendum general obligation bonds which ordinance was amended by Ordinance No. G14-80 adopted on January 28, 1980, by Ordinance No. 64-80 adopted on October 8, 1980, by Ordinance NOVEMBER 6, 2019 VOLUME LXXXIV 480 No. G39-82 adopted on July 28, 1982, and by Ordinance No. G31-92 adopted on June 17, 1992 (Ordinance No. G22-75 as so amended, the “Enabling Ordinance”). Any borrowing of money undertaken by the City shall be necessary for the welfare of the government and affairs of the City, for a proper public purpose or purposes and in the public interest. In addition, any borrowing shall be authorized pursuant to the applicable provisions of the Illinois Municipal Code, as amended, as further supplemented and, where necessary, superseded, by the powers of the City as a home rule unit under the provisions of Section 6 of Article VII of the Constitution and the Enabling Ordinance adopted pursuant to such home rule powers, and as further supplemented by the Local Government Debt Reform Act, as amended. Section 4. Guidelines for Use. Debt is a financing tool which should be thoughtfully used and will be considered when some or all of the following conditions exist: A. Adequate resources – future revenues sufficient to cover debt service; B. Characteristics – projects represent a one-time investment (e.g. building) rather than ongoing operations (e.g. maintenance of building); C. Favorable market conditions – interest rates and construction costs are reasonable; D. Intergenerational equity – help distribute costs and benefits of capital assets over their useful lives; E. Length of issuance – term of financing will not exceed expected life of capital asset; F. Mandates – improvements required by federal or state authorities; G. Options – other financing has been explored and is not viable for the timely acquisition or completion of a capital asset; and H. Within financial limits – consistent with federal, state, and local regulations. Section 5. Types of Debt. The types of debt permitted by the City to meet its financing objectives includes, but is not limited to: A. General obligation bonds – financing secured by the credit and taxing power of the City; with a defined source of revenue often times being used to abate all or a portion of the property taxes supporting the general obligation bonds. B. Revenue bonds – financing secured only by a defined source of revenue (not property tax); C. Capital leases – financing of a vehicle or equipment over time with a provision to transfer ownership at a nominal amount at the termination of the lease; D. Loans – federal and state low interest financing secured by a defined source of revenue (not property tax) typically used for water and wastewater projects; and E. Other – special circumstances may exist when other forms of debt are appropriate, necessary, and advantageous to the City. VOLUME LXXXIV NOVEMBER 6, 2019 481 State and local governments receive tax benefits under the IRC that lower borrowing costs on their bonds. Bondholders are willing to accept a lower interest rate because interest paid to bondholders on these obligations is not includable in their gross income for federal income tax purposes. The City will generally issue tax-exempt bonds. However, the City may occasionally issue taxable bonds which have a higher interest rate. In addition, the City shall be mindful of the potential benefits of bank qualified bonds. This designation is given to a bond issuance if the City reasonably expects to issue in the calendar year of such offering no more than $10 million of bonds. When purchased by a commercial bank for its portfolio, the bank may deduct a portion of the interest cost of carry for the position. Therefore, the City will strive to limit its annual issuance of bonds to $10 million or less, as amended from time to time, when the estimated benefits are greater than the benefits of exceeding the bank qualification limit. The City shall not be permitted to use derivative instruments including interest rate swaps, forward swaps, swap options, basis swaps, caps, floors, collars, rate locks, cancellation options or any similar hedge, derivative, or synthetic instrument. Section 6. Standards of Care. A. Prudence: Debt shall be issued with judgment and care under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs. The standard of prudence to be used by debt management officials shall be the “prudent person” standard and shall be applied in the context of managing an overall debt portfolio. City officers and employees acting in accordance with this policy, and any other written procedures, and exercising due diligence shall be relieved of personal liability, provided that officers and employees report deviations from expectations in a timely fashion and take appropriate action to control adverse developments. B. Maintaining the Public Trust: All participants in the debt management process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the City. C. Ethics and Conflicts of Interest: Officers and employees of the City who are involved in the debt management process shall refrain from personal business activity that could conflict with proper execution and management of the debt program, or which could impair their ability to make impartial decisions. Employees and officials shall disclose to the Board any material interests in financial institutions with which they conduct business. Section 7. Structuring Practices. The duration of a bond issue shall not exceed the economic or useful life of the improvement or asset that the issue is financing. The City shall design the financing schedule and repayment of bonds to take best advantage of market conditions and, as practical, to recapture or maximize its credit capacity for future use, and moderate the impact to the taxpayer. NOVEMBER 6, 2019 VOLUME LXXXIV 482 A. Maturity guidelines 1. Governmental activities – maturity limited to twenty years 2. Business-type activities – maturity limited to forty years B. Debt service schedule 1. A level or declining debt service schedule will be employed unless operational matters dictate otherwise, or except to achieve overall level debt service with existing bonds. 2. The City will use the debt service schedule which will best fit with the overall debt structure or revenue source of the City’s bonds at the time the new bonds are issued. 3. Consideration will be given to coordinating the length of the issue with the lives of assets, whenever practicable. C. Use of redemption features A call option, or optional redemption provision, gives the City the right to prepay or retire bonds prior to their stated maturity. These prepayment provisions are structured into the original bond issuance to provide the City an opportunity to manage its debt portfolio. The exercise of these prepayment provisions is usually through the issuance of refunding bonds, although cash on hand is also a source. Bonds can be refunded to achieve one or more of the following objectives: 1. Reduce future interest costs – shall be at least 2% present value savings for current refunding; 2. Restructure future debt service in response to evolving conditions regarding anticipated revenue sources; 3. Alter bond characteristics, such as call provisions or payment dates, on existing bonds; and 4. Change the legal requirements, termed covenants, of the original issue to reflect more closely the changing conditions of the City or the type of bond. Section 8. Debt Issuance Process A. Approval of issuance – The City Council shall adopt an ordinance authorizing the issuance of bonds. B. Method of sale The City will select the method of sale which best fits the type of bonds being sold, market conditions, and the desire to structure bond maturities to enhance the overall performance of the debt portfolio. The general methods for the sale of municipal bonds include: 1. Competitive sale – Bonds are marketed to a wide audience of investment banking firms (underwriting). Their bids are submitted electronically at a specific time and the bonds will be sold to the bidder proposing the lowest true interest cost (TIC). VOLUME LXXXIV NOVEMBER 6, 2019 483 2. Negotiated sale – The City will negotiate all rates and terms of the sale with an underwriter who is selected in advance of the bond sale. 3. Private placement – The City sells its bonds to a limited number of sophisticated investors, but not the general public. C. Selection and use of professional service providers The City will procure professional services as needed to successfully authorize, structure, and market bonds due to the complex nature of the transactions. These professional service providers may include arbitrage consultants, bond counsel, escrow agents, financial advisors, paying agents, underwriters, and verification agents. 1. Financial Advisor The Financial Advisor will recommend the financing structure; prepare and review preliminary and official statements; review ordinances concerning the authorization and award of financing; assist the City in developing and presenting information to rating agencies; provide the electronic bidding platform; and provide assistance with the closing and delivery of securities. To ensure independence, the Financial Advisor will not bid on or underwrite any City bond issues on which it is advising. 2. Bond Counsel Involvement Bond Counsel will prepare and review the ordinances authorizing and awarding the bonds; provide a written opinion regarding the validity and binding effect of the bonds; determine the federal tax status of any bonds; and prepare bound official transcripts related to the authorization, offering, sale and delivery of the bond issue. The City will also seek assistance from Bond Counsel on other types of debt financing, as well as on any questions involving federal tax or arbitrage law. To ensure independence, Bond Counsel will not simultaneously represent any other party involved in the financing unless a conflict waiver is obtained from the City. D. Credit ratings The City may seek a rating on all new bond issues being sold in the public market. Municipal bond ratings determine the amount of investment risk and interest cost on bonds used for financing City projects. These ratings assess several factors including, but not limited to, current state of the economy, debt structure, financial condition, and management practices. The City will use both formal and informal methods to disseminate information and communicate with the rating agencies as follows: 1. Full disclosure of the financial condition of the City on an annual basis; 2. Formal presentation on a regular basis covering economic, financial, operational, and other issues that impact the City’s credit; 3. Disclosure of financial events that may impact the City’s credit; 4. Dissemination of the Comprehensive Annual Financial Report (CAFR); and 5. Distribution of any documents pertaining to the sale of bonds. NOVEMBER 6, 2019 VOLUME LXXXIV 484 Section 9. Debt Management Process A. Investment of proceeds- The City acknowledges its ongoing fiduciary responsibilities to actively manage the proceeds of bonds issued for public purposes in a manner that is consistent with the City’s investment policy, Illinois statutes that govern the investment of public funds, and consistent with the covenants of related bond documents. The investment of bond proceeds requires significant diligence in meeting the objectives of regulatory compliance, management of the covenants described in financing documents, and the needs of the projects being funded. B. Compliance practices 1. Arbitrage – It is the City’s policy to minimize the cost of arbitrage rebate and yield restriction while strictly complying with the federal arbitrage and rebate regulations. The City will take the following steps to minimize any rebate liability through proactive management in the structuring and oversight of its bonds. a. Examine whether the City met the arbitrage rebate exception rules; b. Use bond proceeds only for the purpose and authority for which they were issued; c. Monitor the expenditure of bond proceeds and exercise best efforts to spend proceeds in such a manner that the City will meet one of the spend-down exemptions from arbitrage rebate; d. Maintain detailed investment records and monitor the investment of bond proceeds with awareness of rules pertaining to yield restrictions; and e. Perform arbitrage rebate calculations as determined by the IRS. 2. Continuing disclosure – The City has covenanted and agreed in the bond ordinances authorizing its various bond issues, in accordance with Rule 15c2-12, to provide certain financial information and operating data relating to the City within 210 days after the close of the City’s fiscal year; and, in a timely manner, to provide notices of the occurrence of certain reportable events. The following will be filed by the City with the Municipal Securities Rulemaking Board (MSRB) for disclosures on its Electronic Municipal Market Access (EMMA) system: a. Audited financial statements; b. Financial and operating data included in the original official statement; c. Required event notices; and d. Voluntary event notices. 3. Legal covenants – The City shall comply with all covenants and conditions contained in any legal document entered into at the time of the bond offering. VOLUME LXXXIV NOVEMBER 6, 2019 485 Section 10. 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: November 6, 2019 Passed: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 6, 2019 Published: November 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G59-19 PASSED ESTABLISHING AN AMENDED INVESTMENT POLICY OF MUNICIPAL FUNDS FOR THE CITY OF ELGIN Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G59-19 AN ORDINANCE ESTABLISHING AN AMENDED INVESTMENT POLICY OF MUNICIPAL FUNDS FOR THE CITY OF ELGIN WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Constitution of the State of Illinois; and WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, an investment policy of municipal funds for the City of Elgin pertains to the government and affairs of the City of Elgin; and WHEREAS, the City of Elgin’s current investment policy of municipal funds was established pursuant to Ordinance No. S37-04 passed by the city council of the City of Elgin on December 15, 2004; and WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to update the city’s investment policy of municipal funds. NOVEMBER 6, 2019 VOLUME LXXXIV 486 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ordinance No. S37-04 be and is hereby amended in its entirety, and an amended investment policy of municipal funds for the City of Elgin be and is hereby established to read as follows: Section 1. Scope of Investment Policy. The provisions of this ordinance shall not apply to the investment of such funds which by law are in the control of an officer other than the City Treasurer. All financial assets of funds, including: the General Fund, Special Revenue Funds, Capital Project Funds, Debt Service Funds, Enterprise Funds, Internal Service Funds, Nonexpendable Trust Funds, and such other funds that may be created from time to time shall be administered in accordance with the provisions of this ordinance. Any monies received for independent funds including but not limited to the Police Pension Fund and the Firefighter’s Pension Fund shall be administered by the written order of the respective Board of Trustees of each fund. In the absence of such orders, money received and securities held by the City of Elgin on behalf of such funds shall be administered in accordance with the provisions of this ordinance. Section 2. Objectives. Funds of the City shall be invested in accordance with the Public Funds Investment Act, 30 ILCS 235/01, et seq., as amended from time to time, this ordinance, and policies and written administrative procedures consistent with the Act and this ordinance. The purpose of this ordinance is to establish cash management and investment guidelines for City officials responsible for the stewardship of public funds. Primary objectives include: a. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 1. Credit Risk. The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer, by: • Limiting investments to the types of securities listed within this Investment Policy. • Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business. • Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. 2. Interest Rate Risk. The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: VOLUME LXXXIV NOVEMBER 6, 2019 487 • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity. • Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools and limiting the average maturity of the portfolio in accordance with this policy. b. Legality. All investments shall be made in conformance with Federal, State, and other legal requirements. c. Liquidity. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, a portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds. d. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall generally be held until maturity with the following exceptions: • A security with declining credit may be sold early to minimize loss of principal. • A security swap would improve the quality, yield, or target duration in the portfolio. • Liquidity needs of the portfolio require that the security be sold. e. Diversification. To avoid incurring unreasonable risks regarding specific security types and individual financial institutions, investments shall be diversified based upon type of funds invested and cash flow needs of the fund. f. Public Confidence. In managing its investment portfolio City officials shall avoid any transactions that might impair public confidence of the government of the City. Investments shall be made with judgment and care under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as their probable income to be derived. Section 3. Standards of Care. 1. Prudence The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. NOVEMBER 6, 2019 VOLUME LXXXIV 488 Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. The “prudent person” standard states that, “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual(s) with whom business is conducted on behalf of the City. 3. Delegation of Authority Management administrative responsibility for the investment program is vested in the Treasurer who shall establish written procedures for the operation of the Investment Program consistent with these policies. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and procedures established by the Treasurer. The Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Section 4. Cash Management. The City's policy regarding cash management shall be based upon the fact that there is a time value to money. Temporarily idle cash may be invested for a period of one day to an excess of one year depending upon when the money is authorized to be needed. Accordingly, the Treasurer shall cause to be prepared written cash management procedures which shall include, but not be limited to, the following: A. Receipts All monies due the City shall be collected as promptly as possible. Monies that are received shall be deposited in an approved financial institution no later than the next business day VOLUME LXXXIV NOVEMBER 6, 2019 489 after receipt by the City. Amounts that remain uncollected after a reasonable length of time shall be subject to any available legal means of collection. B. Disbursements Any disbursements to suppliers for goods or services or to employees for salaries and wages shall be contingent upon an available budget appropriation. All disbursements shall be supported by proper documentation and approved by the City Council. C. Cash Forecast At least monthly, a cash forecast shall be prepared using the expected revenue sources and items of expenditure to project cash requirements over the fiscal year. The forecast shall be updated from time to time to identify the probable investable balances that will be available. D. Pooling of Cash Except for cash in certain restricted and special accounts, pool the cash of various funds to maximize investment earnings. Interest income earned from investments will be allocated to the various funds based on their respective participation. Section 5. Accounting. The City shall maintain its accounting records based on the basis of Fund and Account Groups, each of which is considered a separate accounting entity. All investment transactions shall be recorded in the various funds of the City in accordance with Generally Accepted Accounting Principles as promulgated by the Government Accounting Standards Board. Accounting treatment shall include: • Investments with a maturity equal to or less than one year when purchased will be carried at cost or amortized cost. Investments with a maturity greater than one year when purchased will be reported at fair value. • Premium or discount shall be amortized over the life of the investment. • Gains or losses of investments in all funds shall be recognized at the time of disposition of the security. Section 6. Internal Controls. The Treasurer shall establish a written procedure of internal controls. The internal controls shall be reviewed by an independent certified public accountant in conjunction with the annual examination of the financial statements of the City. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Elgin. Section 7. Investment Selection. NOVEMBER 6, 2019 VOLUME LXXXIV 490 The City of Elgin may invest in any type of security allowed by law as set out in the Illinois Compiled Statutes, Chapter 30 ILCS 235/2. Approved investments include, but are not limited to: • Bonds, notes, certificates of indebtedness, treasury bills, treasury strips or other securities, including obligation of the Governmental National Mortgage Association, which are guaranteed by the full faith and credit of the government of the United States of America, or other similar obligations of the United States of America or its agencies. • Interest bearing savings accounts, interest bearing certificates of deposit or interest bearing time deposits or any other investment constituting direct obligations of any institution as defined by the Illinois Banking Act and is insured by the Federal Deposit Insurance Corporation. • Local Government Investment Pools • Obligations of corporations (commercial paper) organized in the United States with assets exceeding $500 million and rated at the time of purchase at one of the three highest classification established by at least two standard rating services. Must mature within three years from the date of purchase. • Investment grade municipal obligations (rated AA or better by a nationally recognized ratings agency) of state, provincial and local governments and public authorities. • Short-term discount obligations of the Federal National Mortgage Association or in shares of other forms of securities legally by savings and loan associations incorporated under the laws of this state or any other state or under the laws of the United States. Investments may be made only in those savings and loan associations of which the shares, or investment certificates are insured by the Federal Deposit Insurance Corporation. All investments, except for the Illinois Public Funds or similar type of investments/money market pools, shall be selected on the basis of competitive bids. Financial Institutions located within the City of Elgin will be awarded a bid if the local bid is not less than the prevailing rate. Section 8. Diversification of Maturities. The City shall diversify its use of investment instruments to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities. Maturities selected shall provide for stability of income and reasonable liquidity. A. Diversification The investments shall be diversified by: • Limiting investments to avoid overconcentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities and Federal Agency securities), • Limiting investments in securities that have higher credit risks, • Investing in securities with varying maturities, and • Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIP’s), money market funds or VOLUME LXXXIV NOVEMBER 6, 2019 491 overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. B. Maturity Scheduling Investment maturities for operating funds shall be scheduled to coincide with anticipated cash flow needs, taking into account large routine expenditures (payroll, accounts payable, bond payments) as well as considering sizable blocks of anticipated revenue (sales tax, property tax). Investment maturities in the General Fund and Special Revenue Funds shall be limited to a maximum maturity of 36 months from the date of purchase. Investments in other funds may be purchased with maturities to match future projects or liability requirements. Notwithstanding, the provisions of the above paragraph, no investment in any fund shall have a maturity date greater than the period allowed by the Illinois Compiled Statutes, City ordinance, or by other standards of this policy. C. Delivery vs. Payment All trades where applicable will be executed by delivery vs. payment (DVP) to be sure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third party custodian as evidenced safekeeping receipts. D. Safekeeping Securities will be held by an independent third-party custodian selected by the entity as evidenced by safekeeping receipts in the City of Elgin’s name. The safekeeping institution shall annually provide a copy of their most recent report on internal controls (Statement of Auditing Standards No. 70, or SAS 70). Section 9. Competitive Selection of Investment Instruments. Before the City invests its surplus funds, a competitive "bid" process shall be conducted. If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, bids will be requested for instruments which meet the maturity requirement. If no specific maturity is required, a market trend (yield curve) analysis will be conducted to determine which maturities would be most advantageous. Section 10. Qualified Institutions. The City will maintain a listing of financial institutions authorized to provide investment services. In addition, a list also will be maintained of approved security brokers/dealers selected by credit worthiness. All financial institutions and brokers/dealers who desire to become qualified for investment transactions must supply the following as appropriate: A. Audited financial statements NOVEMBER 6, 2019 VOLUME LXXXIV 492 B. Proof of Financial Industry Regulatory Authority, Inc. (FINRA) Certification. C. Proof of State Registration D. Certification of having read & understood and agreeing to comply with the City's investment policy E. Evidence of adequate insurance coverage An annual review of the financial condition and registration of qualified financial institutions and broker/dealers will be conducted by the Treasurer. Section 11. Collateral. The City requires that funds on deposit in excess of FDIC limits be secured by some form of collateral. Any of the following assets would be acceptable as collateral: -U.S. Government Securities -Obligations of the Federal Agencies -Obligations of the Federal Instrumentalities -FHLB Letter of Credit -Obligations of the State of Illinois -Obligations of the City of Elgin -General Obligation Municipal Bonds rated "A" or better -Any other collateral identified in Illinois Complied Statutes as acceptable The amount of collateral provided shall not be less than 105% of the fair market value of the net amount of public funds secured. The ratio of fair market value of collateral to the amount of funds secured shall be reviewed weekly and additional collateral will be requested when the ratio declines below the level required. Collateral shall be held in third party safekeeping and shall be evidenced by a tri-party signed safekeeping agreement. Collateral agreements will preclude the release of the pledged assets without an authorized signature from the City of Elgin, but they will allow for an exchange of collateral of like value. Section 12. Reporting Requirements. The Treasurer shall generate monthly reports for management purposes. In addition, the City Council will be provided quarterly reports which will include data on investment instruments being held, as well as any narrative necessary for clarification. The monthly report shall include, at a minimum: VOLUME LXXXIV NOVEMBER 6, 2019 493 1. Principal and type of investment by fund 2. Earnings for the current month and year to date 3. Annualized yield 4. Current market value of portfolio The annual financial report of the City shall include all required information of the Governmental Accounting Standards Board Statement #40 as updated. Section 13. Policy Considerations. This policy shall be reviewed on an annual basis. Any changes must be approved by the investment officer and formally adopted by the governing body of the City of Elgin. Section 14. 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: November 6, 2019 Passed: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 6, 2019 Published: November 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G60-19 PASSED GRANTING DEVELOPMENT PLAN APPROVAL (LOT 5 OF THE RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION 1110 S. RANDALL ROAD) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 6, 2019 VOLUME LXXXIV 494 Ordinance No. G60-19 AN ORDINANCE GRANTING DEVELOPMENT PLAN APPROVAL (Lot 5 of the Resubdivision of Lot 2 of the Elgin Wal-Mart/Sam’s Club Subdivision 1110 S. Randall Road) WHEREAS, the territory described herein has been previously classified in the PAB Planned Area Business District pursuant to Ordinance No. G114-06; and WHEREAS, by adopting Ordinance No. G32-10 on July 14, 2010, the City Council of the City of Elgin, Illinois (hereinafter “the City Council”) amended Ordinance No. G114-06 in its entirety; and WHEREAS, by adopting Ordinance No. G6-16 on February 24, 2016, the City Council amended the permitted and conditional land uses provisions of Ordinance No. G32-10; and WHEREAS, Ordinance No. G32-10 requires that building and building additions other than the Wal-Mart and Sam’s Club building submit a development plan for a public hearing and approval by the City Council pursuant to the provisions of Chapter 19.60, Planned Development, of the Elgin Municipal Code, 1976, as amended; and WHEREAS, the City Council has approved Petition 26-15, one element of which was the resubdivision of Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision at 1000 South Randall Road into five lots; and WHEREAS, written application has been made requesting development plan approval as required by Ordinance No. G32-10 for the Lot 5 within the resubdivision of Lot 2 of the Elgin Wal-Mart/Sam’s Club Subdivision, which Lot 5 is legally described herein (the “Subject Property”); and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on October 7, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & Zoning Commission; and VOLUME LXXXIV NOVEMBER 6, 2019 495 WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting development plan approval pursuant to the process required for a planned development as required by PAB Planned Development Ordinance G32-10, pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 7, 2019, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a development plan for an approximately 5,000-square foot one-story restaurant building on Lot 5 within the resubdivsion of Lot 2 of the Elgin Wal-Mart/Sam’s Club Subdivision, be and is hereby approved, where said Lot 5 is the following legally described parcel: PARCEL 1: LOT 5 IN ELGIN WAL-MART-SAM'S CLUB SUBDIVISION BEING A SUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART SAM'S CLUB SUBDIVISION, BEING PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011, AS DOCUMENT NUMBER 2011K073547, IN KANE COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 30, 2016, AS DOCUMENT NUMBER 2016K046039. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1, AS CREATED BY DECLARATION OF OPERATION AND EASEMENT AGREEMENT RECORDED JUNE 22, 2016, AS DOCUMENT NUMBER 2016K31248 FOR INGRESS AND EGRESS AND FOR PURPOSES AS SET FORTH THEREIN. (commonly known as 1110 S. Randall Road). Section 3. That the development plan approval 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 Chick-fil-A, Inc., as applicant, and Richport Property II, LLC-Richport Commons, as property owner, received September 6, 2019, and supporting documents including: a. Undated Planned Development Statement of Purpose and Conformance, received September 26, 2019; NOVEMBER 6, 2019 VOLUME LXXXIV 496 b. Undated lighting specifications, received September 26, 2019; c. ALTA/NSPS Land Title Survey, prepared by HR Green, dated August 5, 2019; d. Site Plan Sheet C-200, prepared by HR Green, dated September 3, 2019, with such further revisions as required by the Community Development Director; e. Photometric Plan Sheet E-603, prepared by Dickerson Engineering, Inc., dated September 4, 2019, last revised for progress print dated September 24, 2019, with such further revisions as required by the Community Development Director; f. Landscape Plans Sheets L-100, L-101, and L-102, prepared by HR Green, dated September 3, 2019, with such further revisions as required by the Community Development Director; g. Perspective Views, Elevations, and Floor Plan, prepared by Chick-fil-A, Inc., dated September 25, 2019, with such further revisions as required by the Community Development Director; h. Grading Plan Sheet C-300, prepared by HR Green, dated September 3, 2019, with such further revisions as required by the City Engineer; i. Plumbing Site Plan Sheet PS-100, prepared by HR Green, dated September 3, 2019, with such further revisions as required by the City Engineer; j. Chick-fil-A Signage Plans, Store Number L04527, prepared by Clayton Signs, dated July 24, 2019, last revised August 21, 2019, with such further revisions as required by the Community Development Director; and k. Undated “Coming Soon” banner, received September 26, 2019, with such further revisions as required by the Community Development Director. 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. A departure is hereby granted to permit a total of 43 parking spaces on the property for the proposed restaurant building. 3. A departure is hereby granted to permit the construction of a refuse enclosure which is not affixed structurally as part of the primary building wall system. 4. A departure is hereby granted to allow the construction of a refuse collection area within the required building setback six feet from the north property line. 5. A departure is hereby granted to allow the construction of an accessory structure affixed to the refuse collection area within the required building setback six feet from the north property line. 6. A departure is hereby granted to allow the construction of a 8 foot – 8 inches high wall for the refuse collection area enclosure. 7. A departure is hereby granted to allow a minimum vehicle use area setback of 0 feet from the west property line, and a minimum vehicle use area setback of 3.4 feet from the south property line. VOLUME LXXXIV NOVEMBER 6, 2019 497 8. A departure is hereby granted to allow a total of four wall graphics shall be permitted on the building in substantial compliance with: a. Chick-fil-A Signage Plans, Store Number L04527, prepared by Clayton Signs, dated July 24, 2019, last revised August 21, 2019, with such further revisions as required by the Community Development Director; 9. The applicant shall install a parking lot curb along the south property line to connect the parking lot curb of the existing parking lot islands located on the western and eastern portion of the property adjacent to the south, commonly known as 1120 S. Randall Road. 10. Compliance with all applicable codes and ordinances. Section 4. That except as amended herein, the use and development of Subject Property shall be controlled pursuant to the provisions of Ordinance Nos. G32-10 and G6-16. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 3, and Ordinance Nos. G32-10 and G6-16, this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Passed: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 6, 2019 Published: November 7, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G61-19 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A DRINKING PLACE (ALCOHOLIC BEVERAGES) IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (219 WALNUT AVENUE) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 6, 2019 VOLUME LXXXIV 498 Ordinance No. G61-19 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A DRINKING PLACE (ALCOHOLIC BEVERAGES) IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (219 Walnut Avenue) WHEREAS, written application has been made requesting conditional use approval to establish a drinking place (alcoholic beverages) and a commercial event space for activities pertaining to assembly of people at 219 Walnut Avenue; and WHEREAS, the zoning lot with the building containing the premises at 219 Walnut Avenue 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), and a commercial event space for activities pertaining to assembly of people are listed as a conditional use within the NB Neighborhood Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on October 7, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval in part of the application related to establishing a drinking place (alcoholic beverages), and denial in part of the application related to establishing a commercial event space for activities pertaining to assembly of people, subject to the conditions articulated below; and WHEREAS, following the public hearing by the Planning and Zoning Commission the applicant withdrew the request for conditional use approval to establish a commercial events space for activities pertaining to assembly of people, and WHEREAS, the City Council of the City of Elgin, Illinois, concurs with the findings and recommendations of the Community Development Department and the Planning & 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. VOLUME LXXXIV NOVEMBER 6, 2019 499 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 October 7, 2019, and the recommendations made by the Community Development Department and the Planning & 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) is hereby granted for the property commonly known as 219 Walnut Avenue which is part of the property commonly identified by Kane County Property Index Number 06-23-232-002, and legally described as follows: Lot 1 in Block 13 of Lord’s Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. (commonly known as 219-221 Walnut Avenue) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 11. Substantial conformance to the Development Application submitted by Alexander Giannopoulos, as applicant, and Maxam LLC, as property owner, received May 21, 2019 and supporting documents including: a. Undated Statement of Purpose and Conformance, received May 21, 2019; b. Letter from Alex Giannopoulos, dated May 8, 2019; c. Letter from Alex Giannopoulos, dated June 18, 2019; d. Plat of Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyors, dated June 27, 2018; and e. Undated Proposed Floor Plan, prepared by John W. Roberson, Architect, received May 21, 2019, with such further revisions as required by the Community Development Director. 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. 12. The sale of alcohol is limited to only 6:00 AM to 2:00 PM. 13. All street graphics must comply with the zoning ordinance requirements. 14. For the purpose of clarification, the applicant’s request for a conditional use approval to establish a commercial event space for activities pertaining to the assembly of people has been withdrawn and is not approved by this ordinance, notwithstanding any reference to the proposed commercial event space in the development application and NOVEMBER 6, 2019 VOLUME LXXXIV 500 supporting documents submitted by the applicant and/or in the documents referred to in the foregoing subsection 1 of Section 3 of this ordinance. 15. 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: November 6, 2019 Passed: November 6, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 6, 2019 Published: November 7, 2019 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, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. E-911 Board, September 19, 2019 Heritage Commission DRSC- October 8, 2019 Committee of the Whole, October 9, 2019 City Council Minutes, October 9, 2019 Electricity Tax Revenue Hotel/Motel Tax Revenue Natural Gas Tax Revenue Authorization for Payments ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXXIV NOVEMBER 6, 2019 501 ADJOURNMENT Councilmember Lopez made a motion, seconded by Councilmember Gavin, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:41 p.m. s/ Kimberly Dewis November 20, 2019 Kimberly Dewis, City Clerk Date Approved 502 VOLUME LXXXIV NOVEMBER 20, 2019 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 November 20, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:56 p.m. Mayor Kaptain led a moment of silence and the Pledge of Allegiance was led by Gladys Boe, Finance Customer Service Clerk. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE NOVEMBER 6, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the November 6, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Kellenberger Auto 80th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, in November of 1939, Herman Kellenberger saw a need and opened a two bay garage on North Street in Elgin, with his eleven year old son, William, as his only helper; and WHEREAS, while sales of only $40 the first month was disappointing, Herman knew that by offering fair, honest service sales would rise and when sales did rise, a larger building was needed; and WHEREAS, after moving multiple times, a modern building was constructed in 1954 across the street from the original building, which building has been enlarged over the years and is still functioning in its’ same location, and VOLUME LXXXIV NOVEMBER 20, 2019 503 WHEREAS, the business has been a destination in downtown Elgin since its inception, has seen many changes in the downtown and has had over 3,500 visits by customers last year alone, and WHEREAS, the business has adapted through the years to keep up with changes in technology and has remained in the family for four generations of Kellenbergers. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby invite all citizens to join us in congratulating Kellenberger Auto Service located at 217 Symphony Way on its landmark 80th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT None. ORDINANCE S7-19 PASSED PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $10,750,000 GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS OF SAID CITY, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON SAID BONDS, AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT IN CONNECTION WITH THE ISSUE OF SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF Councilmember Gavin made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S7-19 IS ON FILE IN THE CITY CLERK’S OFFICE. CONSENT AGENDA NOVEMBER 20, 2019 VOLUME LXXXIV 504 By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt Resolution Nos. 19-158 through 19-161 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-158 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE BOWES CREEK COUNTRY CLUB PHASE I SUBDIVISION Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-158 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE BOWES CREEK COUNTRY CLUB PHASE I SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the Bowes Creek Country Club Phase I Subdivision. Acceptance of the public improvements will add the following city maintained facilities: approximately 6,780 lineal feet of five-foot-sidewalk, 161 parkway trees, 641 feet of storm sewer, two flared end sections and two storm structures; and their appurtenances to the City maintained facilities. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2019 Adopted: November 20, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-159 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING VOLUME LXXXIV NOVEMBER 20, 2019 505 COMPANY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS Councilmember Shaw made a motion, seconded by Councilmember Gavin to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-159 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION 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 Burns & McDonnell Engineering Company, Inc., for professional services in connection with various utility division projects, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2019 Adopted: November 20, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-160 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2020 Councilmember Shaw made a motion, seconded by Councilmember Gavin to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-160 NOVEMBER 20, 2019 VOLUME LXXXIV 506 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2020 BE IT RESOLVED BY THE CITY COUNCIL OF THE STATE OF ELGIN, ILLINOIS, that the schedule of city council meetings for 2020 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 2020 Committee of the Whole January 8, 2020 6:00 PM City Council January 8, 2020 7:00 PM Committee of the Whole January 22, 2020 6:00 PM City Council January 22, 2020 7:00 PM Committee of the Whole February 12, 2020 6:00 PM City Council February 12, 2020 7:00 PM Committee of the Whole February 26, 2020 6:00 PM City Council February 26, 2020 7:00 PM Committee of the Whole March 4, 2020 6:00 PM City Council March 4, 2020 7:00 PM Committee of the Whole March 18, 2020 6:00 PM City Council March 18, 2020 7:00 PM Committee of the Whole April 8, 2020 6:00 PM City Council April 8, 2020 7:00 PM Committee of the Whole April 22, 2020 6:00 PM City Council April 22, 2020 7:00 PM Committee of the Whole May 13, 2020 6:00 PM City Council May 13, 2020 7:00 PM Committee of the Whole May 27, 2020 6:00 PM City Council May 27, 2020 7:00 PM Committee of the Whole June 10, 2020 6:00 PM City Council June 10, 2020 7:00 PM Committee of the Whole June 24, 2020 6:00 PM City Council June 24, 2020 7:00 PM Committee of the Whole July 8, 2020 6:00 PM City Council July 8, 2020 7:00 PM Committee of the Whole July 22, 2020 6:00 PM City Council July 22, 2020 7:00 PM Committee of the Whole August 12, 2020 6:00 PM City Council August 12, 2020 7:00 PM VOLUME LXXXIV NOVEMBER 20, 2019 507 Committee of the Whole August 26, 2020 6:00 PM City Council August 26, 2020 7:00 PM Committee of the Whole September 9, 2020 6:00 PM City Council September 9, 2020 7:00 PM Committee of the Whole September 23, 2020 6:00 PM City Council September 23, 2020 7:00 PM Committee of the Whole October 14, 2020 6:00 PM City Council October 14, 2020 7:00 PM Committee of the Whole October 28, 2020 6:00 PM City Council October 28, 2020 7:00 PM Committee of the Whole November 4, 2020 6:00 PM City Council November 4, 2020 7:00 PM Special Committee of the Whole November 11, 2020 5:00 PM Committee of the Whole November 18, 2020 5:00 PM City Council November 18, 2020 7:00 PM Committee of the Whole December 2, 2020 5:00 PM City Council December 2, 2020 7:00 PM Committee of the Whole December 16, 2020 6:00 PM City Council December 16, 2020 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing city council meetings shall be held in the city council chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2019 Adopted: November 20, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk NOVEMBER 20, 2019 VOLUME LXXXIV 508 RESOLUTION 19-161 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO COMMERICAL PROPERTY LEASE AGREEMENT WITH 164 DIVISION, LLC FOR THE ELGIN ART SHOWCASE (164 DIVISION STREET) Councilmember Shaw made a motion, seconded by Councilmember Gavin to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-161 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO COMMERCIAL PROPERTY LEASE AGREEMENT WITH 164 DIVISION, LLC FOR THE ELGIN ART SHOWCASE (164 Division Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a First Amendment to Commercial Property Lease Agreement with 164 Division, LLC, for the Elgin Art Showcase for the premises commonly known as 164 Division Street, Suite 801-803, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2019 Adopted: November 20, 2019 Omnibus Vote: Yeas: 9 Nays: 0 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, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV NOVEMBER 20, 2019 509 Heritage Commission, October 1, 2019 Human Relations Commission, September 3, 2019 Planning and Zoning Commission, September 9 and October 7, 2019 Retiree Health Insurance, May 6, 2019 Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Dixon to adjourn. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:06 p.m. s/ Kimberly Dewis December 4, 2019 Kimberly Dewis, City Clerk Date Approved 510 DECEMBER 4, 2019 VOLUME LXXXIV 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 December 4, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:03 p.m. The Invocation was given by Pastor Tommy Creutz Harvest Bible Chapel and the Pledge of Allegiance was led by Fire Chief Schmidt. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE NOVEMBER 20, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the November 20, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS World AIDS Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, World AIDS Day began 31 years ago on December 1, 1988, when world health ministers called for a spirit of social acceptance and greater awareness of HIV internationally and this day continues to be an important way to celebrate the extraordinary advances made in the battle against HIV, and to remind Elgin residents and people everywhere that HIV has not gone away and that much more has yet to be done; and WHEREAS, The City of Elgin, Illinois has a vital interest in preventing new HIV transmission, and improving the lives of those living with and affected by HIV; and VOLUME LXXXIV DECEMBER 4, 2019 511 WHEREAS, Open Door Health Center of IL has been providing medical care, case management, peer support, behavioral health, housing support, outreach and prevention services , testing and counseling to persons living with or vulnerable to HIV and AIDS and has acted as an advocate for our local LGBTQ communities for 42 years; and WHEREAS, In 2018, 1,338 people living with HIV/AIDS received medical, case management, oral health and behavioral health care through Open Health Center of IL, and 17 people tested positive for the HIV virus; and WHEREAS, Open Door Health Center of IL, the City of Elgin and the members of our social service and medical community are committed to creating an AIDS Free Generation by 2030. NOW THERFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim December 1, 2019 As World AIDS Day in the City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Dan Cook, resident of the Bowes Creek subdivision, commented on his experiences at Porter’s Pub and expressed his concerns with the current management. Jeff Zusiak, resident of the Bowes Creek subdivision, commented on his experiences at Porter’s Pub and expressed his concerns with the current management. BID 19-055 AWARDED TO PROFESSIONAL CEMETERY SERVICES FOR CONTRACT BURIALS AND CEMETERY MAINTENANCE Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a three- year contract to Professional Cemetery Services in the amount of $265,000 annually for burial services, mowing and snow plowing. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 4, 2019 VOLUME LXXXIV 512 PUBLIC HEARING FOR THE 2020 PROPOSED CITY OF ELGIN BUDGET Mayor Kaptain declared the public hearing open at 7:20 p.m. Sue Webb, South West Area Neighborhood (SWAN), commented on the capital projects in the neighborhood in 2019 and hoped for additional projects in 2020. Dan Miller, thanked the council for their efforts, in particular with funding for historical rehabilitation grants. He asked that these grants be continued in the future. Mayor Kaptain declared the public hearing closed at 7:33 p.m. PETITION 33-19 APPROVED FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE - DRIVE-THROUGH FACILITY GRAPHICS Marc Mylott, Community Development Director, outlined Petition 33-19. The petition would grant a text amendment to allow for additional graphics at drive through facilities. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 33-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 36-19 APPROVED FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE - CANNABIS BUSINESS ESTABLISHMENTS, CANNABIS TESTING FACILITIES, MEDICAL CANNABIS CULTIVATION CENTERS, MEDICAL CANNABIS DISPENSING ORGANIZATIONS, AND ALCOHOLIC LIQUOR, PACKAGE LIQUOR SALES ESTABLISHMENTS Marc Mylott, Community Development Director, outlined Petition 36-19. The petition would grant a text amendment to the zoning ordinance allowing for various cannabis business establishments. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. There was discussion regarding the amount of revenue that would be generated and the local controls to regulate the businesses. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 36-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. VOLUME LXXXIV DECEMBER 4, 2019 513 RESOLUTION 19-166 ADOPTED AUTHORIZING EXECUTION OF A RESTAURANT LEASE AND SERVICES AGREEMENT WITH PORTER'S PUB PAYROLL PPP, LLC FOR RESTAURANT AND RELATED SERVICES OPERATIONS AT BOWES CREEK COUNTRY CLUB There was discussion regarding how improvements would be measured and when performance can be reviewed by the city council. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Powell. Resolution No. 19-166 RESOLUTION AUTHORIZING EXECUTION OF A RESTAURANT LEASE AND SERVICES AGREEMENT WITH PORTER’S PUB PAYROLL PPP, LLC FOR RESTAURANT AND RELATED SERVICES OPERATIONS AT BOWES CREEK COUNTRY CLUB BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Restaurant Lease and Services Agreement on behalf of the City of Elgin with Porter’s Pub Payroll PPP, LLC for restaurant and related services operations at the Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 4, 2019 Adopted: December 4, 2019 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk Councilmember Dixon made a motion, seconded by Councilmember Rauschenberger, to revisit the performance of the management at Porter’s Pub and survey the residents of Bowes Creek for discussion at the first meeting of September 2020. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. DECEMBER 4, 2019 VOLUME LXXXIV 514 RESOLUTION 19-167 ADOPTED AUTHORIZING DONATION OF CERTAIN SURPLUS BOOKS AND PUBLICATIONS TO THE GAIL BORDEN PUBLIC LIBRARY Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-167 RESOLUTION AUTHORIZING DONATION OF CERTAIN SURPLUS BOOKS AND PUBLICATIONS TO THE GAIL BORDEN PUBLIC LIBRARY WHEREAS, certain legal books and publications included in the listing attached hereto as Exhibit A are obsolete or otherwise no longer necessary or useful to the City of Elgin and are declared to be surplus for the purposes of the City of Elgin; and WHEREAS, the Gail Borden Public Library has agreed to accept the donation of such surplus books and publications; and WHEREAS, the City Council of the City of Elgin has determined that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elgin that the donation of the surplus books and publications included in the listing attached hereto to the Gail Borden Public Library is hereby approved and city staff is hereby authorized and directed to provide for the donation of such books and publications to the Gail Borden Public Library in as-is condition without any representations or warranties. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 4, 2019 Adopted: December 4, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV DECEMBER 4, 2019 515 CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt Resolution Nos. 19-162 through 19-165 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-162 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE REPLACEMENT (LSLR) PROJECT PLAN Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-162 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE REPLACEMENT (LSLR) PROJECT PLAN 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc. for supplemental professional engineering services in connection with the Lead Service Line Replacement (LSLR) Project Plan, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor DECEMBER 4, 2019 VOLUME LXXXIV 516 Presented: December 4, 2019 Adopted: December 4, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-163 ADOPTED AUTHORIZING EXECUTION OF A SOFTWARE AND SERVICES SUBSCRIPTION AGREEMENT WITH ACCELERATED TECHNOLOGY LABORATORIES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER DEPARTMENT LABORATORY INFORMATION MANAGEMENT SYSTEM UPGRADE PROJECT Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-163 RESOLUTION AUTHORIZING EXECUTION OF A SOFTWARE AND SERVICES SUBSCRIPTION AGREEMENT WITH ACCELERATED TECHNOLOGY LABORATORIES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER DEPARTMENT LABORATORY INFORMATION MANAGEMENT SYSTEM UPGRADE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Accelerated Technology Laboratories, Inc., for professional services in connection with the water department laboratory information management system upgrade project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 4, 2019 Adopted: December 4, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV DECEMBER 4, 2019 517 RESOLUTION 19-164 ADOPTED AUTHORIZING THE RENEWAL AND EXECUTION OF SERVICE ORDERS AND SECOND PLATFORM ADDENDUM TO THE BOX SERVICE AGREEMENT WITH BOX, INC. FOR CLOUD BASED DATA STORAGE AND DOCUMENT MANAGEMENT PLATFORM AND FOR CONSULTING SERVICES Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution 19-164 RESOLUTION AUTHORIZING THE RENEWAL AND EXECUTION OF SERVICE ORDERS AND SECOND PLATFORM ADDENDUM TO THE BOX SERVICE AGREEMENT WITH BOX, INC. FOR CLOUD BASED DATA STORAGE AND DOCUMENT MANAGEMENT PLATFORM AND FOR CONSULTING SERVICES 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 renew and execute service orders and Second Platform Addendum to the Box Service Agreement on behalf of the City of Elgin with Box, Inc. for cloud- based data storage and document management platform, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 4, 2019 Adopted: December 4, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 4, 2019 VOLUME LXXXIV 518 RESOLUTION 19-165 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-165 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Arturo Curz and Judith Tepe are hereby appointed as members of the Human Relations Commission, for terms that will expire on May 1, 2021. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 4, 2019 Adopted: December 4, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Shaw, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, October 14, 2019 Emergency Telephone System Board (E-911), October 17, 2019 Sustainability Commission, various dates Committee of the Whole, November 20, 2019 City Council Minutes, November 20, 2019 Sales Tax Revenue Telecommunications Tax Revenue Motor Fuel Tax Revenue VOLUME LXXXIV DECEMBER 4, 2019 519 Alcoholic Liquor Tax Revenue Riverboat Revenue Video Gaming Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:23 p.m. s/ Kimberly Dewis December 18, 2019 Kimberly Dewis, City Clerk Date Approved DECEMBER 18, 2019 VOLUME LXXXIV 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 December 18, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m. The Invocation was given by Pastor Andre Allen from New Beginnings Ministries World-Wide and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE DECEMBER 4, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the December 4, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Carberry 107th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, George Carbary was born and raised in Elgin; studied law under Kane County Circuit Court Judge Clinton Irwin and was sworn in as an attorney on April 3, 1912; served as Kane County State’s Attorney during Prohibition from 1928 through 1936; and continued to practice law for 61 years, until his death in 1973; and WHEREAS, George’s son, Warren Carbary, was born and raised in Elgin, graduated from Harvard University in 1942; served in the Army Air Corps as a sergeant with a B-24 bomber group in the Pacific from 1942 until 1945; graduated in 1948 from the University of Michigan Law School and was sworn in as an attorney on January 17, 1949; joined his father to form the Law Office of Carbary and Carbary; and continued to practice law until his death in 2011; and VOLUME LXXXIV DECEMBER 18, 2019 521 WHEREAS, In 1963, George and Warren took on a new partner, Robert A. Chapski; the law office was then changed to Carbary, Carbary & Chapski, which partnership dissolved in May 1973 upon the death of George Carbary; and WHEREAS, Warren’s son, Jonathan Carbary, was born and raised in Elgin; graduated from Knox College in 1972; served in the US Army after college and was honorably discharged as a 1st lieutenant at the end of 1973; graduated in 1978 from Hamline University School of Law in St. Paul, Minnesota and was sworn in as an attorney on November 3, 1978; began working with Attorneys Robert Chapski and Gene Nottolini before establishing his own law firm, the Law Offices of Jonathan L. Carbary on April 19, 1996; was sworn into the United States Supreme Court on June 14, 2004; and intends to retire on January 31, 2020; and WHEREAS, The Carbary family have been providing law services in Elgin for a continuous period of 107 years and with Jonathan’s son, J.R., now a practicing lawyer with Northrup Grumman in St. Paul, Minnesota; the family can boast of four generations of attorneys. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby invite all citizens to join us in thanking the Carbary family for 107 years of continuous service and dedication to the citizens of Elgin and Northern Illinois. IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of December, 2019. David J. Kaptain Mayor Fire Chief David Schmidt Retirement Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION OF APPRECIATION FOR FIRE CHIEF DAVID SCHMIDT WHEREAS, Fire Chief David Schmidt was originally hired as a firefighter for the city of Elgin on September 5, 1989, was promoted to Lieutenant on April 23, 2000, Fire Captain on May 1, 2005, Assistant Fire Chief on January 10, 2011 and Fire Chief on October 25, 2016; and WHEREAS, Chief Schmidt has a Bachelor’s degree in Fire Science from Southern Illinois University, is a graduate from the International Association of Fire Chief’s Fire Service Executive Development Institute, a Chief Fire Officer certification from the Illinois State Fire Marshal, an Executive Fire Officer certification from the National Fire Academy and was named American Legion Firefighter of the Year for 2009; and ` WHEREAS, the organization has benefitted greatly from Chief Schmidt’s innovative leadership and during his three years as Fire Chief, Chief Schmidt developed the Rescue Task Force program in coordination with the Elgin Police Department, lead the development of the DECEMBER 18, 2019 VOLUME LXXXIV 522 department’s Technology Division, and has worked diligently with the department’s academy, training firefighters for Elgin and other municipalities; and WHEREAS, Chief Schmidt is a member of the Illinois Incident Management Team, the State of Illinois Honor Guard, the International Association of Fire Chiefs and the Illinois Fire Chiefs Association; and WHEREAS, After 30 years with the Elgin Fire Department, Chief Schmidt announced his retirement effective on January 3, 2020 in order to become Fire Chief in Carrboro, North Carolina. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem to Chief David Schmidt for his outstanding service to the City and the community on the occasion of his retirement and wish him luck in all his future endeavors. IN WITNESS THEREOF, I have hereunto set my hand this 18th day of December, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Chuck Keysor commented the Civic Plaza improvements and the impact on the users of the surrounding buildings. Eric Rubin invited the public to attend the Christmas Community Dinner on December 21, 2019 from 11:00 a.m. – 2:00 p.m. at the Hemmens Cultural Arts Center. Joe Galli, President of the Local Fire Union, noted their membership had accepted the agreement being voted on this evening. He asked that the council approve the agreement. BID 19-052 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT CHEMICALS Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve contracts with Alexander Chemicals for ammonia hydroxide, caustic soda, chlorine and hydrofluorosilicic acid; Brenntag Great Lakes for soda ash, Carus Corporation for potassium permanganate; Mississippi Lime Company for lime; Ingevity Corporation for powder activated carbon; Kemira Water Solutions, Inc. for ferric sulfate; Nalco Company for acrylic polymer; Polydyne for clarifloc; Praxair for carbon dioxide; USALCO, LLC for aluminum sulfate; and, Purafil, Inc. for chlorine scrubber material, all in the collective amount of $1,692,730. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV DECEMBER 18, 2019 523 BID 19-060 AWARDED TO CREEKSIDE PRINTING FOR 2020 PARKS AND RECREATION BROCHURE PRINTING Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a contract to Creekside Printing in the amount not to exceed $21,668 to provide a comprehensive brochure of parks and recreation services. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G63-19 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PROVIDE FOR REGULATIONS RELATING TO ADULT-USE CANNABIS Councilmember Steffen made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Ordinance No. G63-19 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PROVIDE FOR REGULATIONS RELATING TO ADULT-USE CANNABIS WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (hereinafter referred to as “the Act”) to allow the use of cannabis by persons 21 years of age or older beginning January 1, 2020; and WHEREAS, the Act allows for the establishment of adult-use cannabis business establishments throughout the state; and WHEREAS, a written application has been made to amend Title 19 of the Elgin Zoning Ordinance entitled "Zoning"; and WHEREAS, the Planning and Zoning Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written findings and recommendation that the requested amendments be granted; and WHEREAS, the City Council concurs with the findings and recommendation 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 DECEMBER 18, 2019 VOLUME LXXXIV 524 WHEREAS, zoning 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 November 4, 2019 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 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions and Regulations,” be and is hereby further amended to add the following language: ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An “adult-use cannabis cultivation center” [SR], “adult-use cannabis craft grower” [SR], “adult-use cannabis processing organization or processor” [SR], “adult-use cannabis infuser organization or infuser” [SR], “adult-use cannabis dispensing organization” [SR], or “adult-use cannabis transporting organization or transporter” [SR]. ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An “adult-use cannabis craft grower” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis craft grower” [SR] shall not be located within two hundred fifty feet (250’) of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “adult- use cannabis craft grower” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "adult-use cannabis craft grower" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis craft grower" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. VOLUME LXXXIV DECEMBER 18, 2019 525 B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” C. An “adult-use cannabis craft grower” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. All aspects of an “adult-use cannabis craft grower” [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis craft grower” [SR] shall also include an odor control plan. E. Any new building intended to be occupied by an “adult-use cannabis craft grower” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title. F. An “adult-use cannabis craft grower” [SR] shall not be established as an accessory use or a component land use with any other land use, except another “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR]. G. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis craft grower” [SR] shall also include: a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this title. DECEMBER 18, 2019 VOLUME LXXXIV 526 I. Before the issuance of an occupancy permit or otherwise opening to the public, an “adult-use cannabis craft grower” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis craft grower” [SR] with the Development Administrator. ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An “adult-use cannabis cultivation center” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis cultivation center” [SR] shall not be located within two hundred fifty feet (250’) of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “adult-use cannabis cultivation center” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "adult-use cannabis cultivation center" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis cultivation center" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” C. An “adult-use cannabis cultivation center” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. All aspects of an “adult-use cannabis cultivation center” [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for VOLUME LXXXIV DECEMBER 18, 2019 527 an “adult-use cannabis cultivation center” [SR] shall also include an odor control plan. E. Any new building intended to be occupied by an “adult-use cannabis cultivation center” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title. F. An “adult-use cannabis cultivation center” [SR] shall not be established as an accessory use or a component land use with any other land use, except another “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR]. G. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis cultivation center” [SR] shall also include: a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101- 0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title. I. Before the issuance of an occupancy permit or otherwise opening to the public, an “adult-use cannabis cultivation center” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis cultivation center” [SR] with the Development Administrator. ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time- DECEMBER 18, 2019 VOLUME LXXXIV 528 to-time, regulations promulgated thereunder, and the regulations provided within this Code. An “adult-use cannabis cultivation center” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis dispensing organization” [SR] shall not be located within two hundred fifty feet (250’) of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “adult-use cannabis dispensing organization” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "adult-use cannabis dispensing organization" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis dispensing organization" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” C. An “adult-use cannabis dispensing organization” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. Any new building intended to be occupied by an “adult-use cannabis dispensing organization” [SR] shall comply with the architectural standards for a commercial building established within Chapter 19.14 of this title. E. An “adult-use cannabis dispensing organization” [SR] shall not be established as an accessory use or a component land use with any other land use, except a “medical cannabis dispensing organization” [SR]. F. An “adult-use cannabis dispensing organization” [SR] shall not include a “drive through facility” [SR]. G. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis dispensing organization” [SR] shall also include: VOLUME LXXXIV DECEMBER 18, 2019 529 a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title. I. Before the issuance of an occupancy permit or otherwise opening to the public, an “adult-use cannabis dispensing organization” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis dispensing organization” [SR] with the Development Administrator. ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An “adult-use cannabis infuser organization or infuser” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis infuser organization or infuser” [SR] shall not be located within two hundred fifty feet (250’) of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “adult-use cannabis infuser organization or infuser” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "adult-use cannabis infuser organization or infuser" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis infuser organization or infuser" [SR] is proposed DECEMBER 18, 2019 VOLUME LXXXIV 530 to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” C. An “adult-use cannabis infuser organization or infuser” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. All aspects of an “adult-use cannabis infuser organization or infuser” [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis infuser organization or infuser” [SR] shall also include an odor control plan. E. Any new building intended to be occupied by an “adult-use cannabis infuser organization or infuser” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title. F. An “adult-use cannabis infuser organization or infuser” [SR] shall not be established as an accessory use or a component land use with any other land use, except another “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR]. G. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis infuser organization or infuser” [SR] shall also include: a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. VOLUME LXXXIV DECEMBER 18, 2019 531 H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101- 0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title. I. Before the issuance of an occupancy permit or otherwise opening to the public, an “adult-use cannabis infuser organization or infuser” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis infuser organization or infuser” [SR] with the Development Administrator. ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An “adult-use cannabis processing organization or processor” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis processing organization or processor” [SR] shall not be located within two hundred fifty feet (250’) of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “adult-use cannabis processing organization or processor” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "adult-use cannabis processing organization or processor" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis processing organization or processor" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” DECEMBER 18, 2019 VOLUME LXXXIV 532 C. An “adult-use cannabis processing organization or processor” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. All aspects of an “adult-use cannabis processing organization or processor” [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis processing organization or processor” [SR] shall also include an odor control plan. E. Any new building intended to be occupied by an “adult-use cannabis processing organization or processor” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title. F. An “adult-use cannabis processing organization or processor” [SR] shall not be established as an accessory use or a component land use with any other land use, except another “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR]. G. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis processing organization or processor” [SR] shall also include: a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101- 0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title. I. Before the issuance of an occupancy permit or otherwise opening to the public, an “adult-use cannabis processing organization or processor” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis processing organization or processor” [SR] with the Development Administrator. VOLUME LXXXIV DECEMBER 18, 2019 533 ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time- to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An “adult-use cannabis transporting organization or transporter” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis transporting organization or transporter” [SR] shall not be located within two hundred fifty feet (250’) of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “adult-use cannabis transporting organization or transporter” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "adult- use cannabis transporting organization or transporter" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis transporting organization or transporter" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” C. An “adult-use cannabis transporting organization or transporter” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. All aspects of an “adult-use cannabis transporting organization or transporter” [SR] shall be contained within a completely enclosed building, except for the authorized parking and storage of delivery vehicles. E. Any new building intended to be occupied by an “adult-use cannabis transporting organization or transporter” [SR] shall comply with the DECEMBER 18, 2019 VOLUME LXXXIV 534 architectural standards for an industrial building established within Chapter 19.14 of this title. J. An “adult-use cannabis transporting organization or transporter” [SR] shall not be established as an accessory use or a component land use with any other land use, except another “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR]. F. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis transporting organization or transporter” [SR] shall also include: a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. G. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101- 0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title. H. Before the issuance of an occupancy permit or otherwise opening to the public, an “adult-use cannabis transporting organization or transporter” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis transporting organization or transporter” [SR] with the Development Administrator. CANNABIS TESTING FACILITY: A facility or portion thereof operated by an organization or business that is licensed by the Illinois Department of Agriculture to test cannabis for potency and contaminants, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. A “cannabis testing facility” [SR] shall be subject to the following supplementary regulation: A. Whenever cannabis or cannabis-infused products are not being actively tested, any cannabis or cannabis-infused products shall be moved to and stored in an enclosed locked space as defined within the Cannabis Regulation and Tax Act, VOLUME LXXXIV DECEMBER 18, 2019 535 (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. B. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101- 0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title. Section 3. That only the specific definitions below within Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions and Regulations,” be and are hereby further amended to read as follows: ALCOHOLIC LIQUOR, PACKAGE LIQUOR SALES ESTABLISHMENT: A business having as its primary purpose the retail sales of "alcoholic liquors" in original package for consumption off premises. "Package liquor sales establishments" [SR] shall be subject to the following conditions: A. Off Street Parking: No "package liquor sales establishment" shall be located on a "zoning lot" in the CC1 center city district nor in the CC2 center city district unless the minimum number of parking spaces are provided on said "zoning lot" as required under section 19.45.080 of this title, as amended, or unless the zoning lot is located within two hundred fifty feet (250') of a municipal off street parking facility. MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. Such facility shall comply with all regulations provided within the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. A “medical cannabis cultivation center” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, a “medical cannabis cultivation center” [SR] shall not be located within two hundred fifty feet (250’) of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “medical cannabis cultivation center” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "medical cannabis cultivation center" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "medical cannabis cultivation DECEMBER 18, 2019 VOLUME LXXXIV 536 center" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” C. A “medical cannabis cultivation center” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. All aspects of a “medical cannabis cultivation center” [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for a “medical cannabis cultivation center” [SR] shall also include an odor control plan. E. Any new building intended to be occupied by a “medical cannabis cultivation center” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title. F. A “medical cannabis cultivation center” [SR] shall not be established as an accessory use or a component land use with any other land use, except an “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR]. G. In addition to those documents required for any application for a conditional use, an application for a conditional use for a “medical cannabis cultivation center” [SR] shall also include: a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. VOLUME LXXXIV DECEMBER 18, 2019 537 H. Before the issuance of an occupancy permit or otherwise opening to the public, a “medical cannabis cultivation center” [SR] must file a copy of all required state licenses to operate as a “medical cannabis cultivation center” [SR] with the Development Administrator. MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the State of Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a “Medical Cannabis Cultivation Center” [SR] for the purpose of dispensing cannabis and educational material to registered qualifying patients. Such facility shall comply with all regulations provided within the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. A “medical cannabis dispensing organization” [SR] shall also be subject to the following supplementary regulations: A. In addition to all state-imposed minimum distance limits, a “medical cannabis dispensing organization” [SR] shall not be located within two hundred fifty feet (250’) of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “medical cannabis dispensing organization” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a "medical cannabis dispensing organization" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "medical cannabis dispensing organization" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought. B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.” C. A “medical cannabis dispensing organization” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. D. Any new building intended to be occupied by a “medical cannabis dispensing organization” [SR] shall comply with the architectural standards for a commercial building established within Chapter 19.14 of this title. DECEMBER 18, 2019 VOLUME LXXXIV 538 E. A “medical cannabis dispensing organization” [SR] shall not include a “drive through facility” [SR]. F. A “medical cannabis dispensing organization” [SR] shall not be established as an accessory use or a component land use with any other land use, except an “adult-use cannabis dispensing organization” [SR]. G. In addition to those documents required for any application for a conditional use, an application for a conditional use for a “medical cannabis dispensing organization” [SR] shall also include: a. A complete copy of all applications and plans submitted for required state licenses; b. An inventory control plan; c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. H. Before the issuance of an occupancy permit or otherwise opening to the public, a “medical cannabis dispensing organization” [SR] must file a copy of all required state licenses to operate as a “medical cannabis dispensing organization” [SR] with the Development Administrator. USE, ACCESSORY: A "land use" [SR], which is subordinate in purpose to the "principal use" [SR] served, which is customarily and traditionally incidental to the principal use served, which is operated and maintained under the same single ownership or unified control as the principal use served, and which is located on the same "zoning lot" [SR] and within the same mapped zoning district as the principal use served. The principal use of any land, structure or building shall be established prior to or concurrently with the establishment of any accessory use of such land, structure, or building. No land use shall be allowed as an accessory use, unless such use occupies less than ten percent (10%) of the zoning "lot area" [SR] and less than ten percent (10%) of the building "floor area" [SR]. Land uses exceeding such lot area and floor area limitations shall be subject to the provisions of subsection 19.10.400F of this title or "Accessory" in this section. No land use shall be allowed as an accessory use where such use dispenses, grows, cultivates, processes, infuses, or transports cannabis or products that contain cannabis. Section 4. That Section 19.35.330 B.4. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, NB Neighborhood Business District) be and is hereby further amended to add the following: VOLUME LXXXIV DECEMBER 18, 2019 539 “Adult-use cannabis dispensing organization” [SR] “Medical cannabis dispensing organization” [SR]. Section 5. That Section 19.35.430 B.3. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, AB Area Business District) be and is hereby further amended to add the following: “Adult-use cannabis dispensing organization” [SR] “Medical cannabis dispensing organization” [SR]. Section 6. That Section 19.35.530 B.3. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, CC1 Center City District) be and is hereby further amended to add the following: “Adult-use cannabis dispensing organization” [SR] “Medical cannabis dispensing organization” [SR]. Section 7. That Section 19.35.730 B.3. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, CC2 Center City District) be and is hereby further amended to add the following: “Adult-use cannabis dispensing organization” [SR] “Medical cannabis dispensing organization” [SR]. Section 8. That Section 19.40.130 A.4 of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Permitted Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following: “Cannabis testing facility” [SR]. Section 9. That Section 19.40.130 B.1 of the Elgin Municipal Code, 1976, as amended, entitled “Agriculture division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following: “Adult-use cannabis cultivation center” [SR] “Adult-use cannabis craft grower” [SR] Section 10. That Section 19.40.130 B.4 of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended by deleting the following: “Medical cannabis dispensing organization” [SR] DECEMBER 18, 2019 VOLUME LXXXIV 540 Section 11. That Section 19.40.130 B.7 of the Elgin Municipal Code, 1976, as amended, entitled “Manufacturing division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following: “Adult-use cannabis processing organization or processor” [SR] “Adult-use cannabis infuser organization or infuser” [SR] Section 12. That Section 19.40.130 B.8 of the Elgin Municipal Code, 1976, as amended, entitled “Transportation, communication and utilities division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following: “Adult-use cannabis transporting organization or transporter” [SR] Section 13. That Section 19.40.330 A.4 of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Permitted Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following: “Cannabis testing facility” [SR]. Section 14. That Section 19.40.330 B.1 of the Elgin Municipal Code, 1976, as amended, entitled “Agriculture division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following: “Adult-use cannabis cultivation center” [SR] “Adult-use cannabis craft grower” [SR] Section 15. That Section 19.40.330 B.4 of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended by deleting the following: “Medical cannabis dispensing organization” [SR] Section 16. That Section 19.40.330 B.7 of the Elgin Municipal Code, 1976, as amended, entitled “Manufacturing division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following: “Adult-use cannabis processing organization or processor” [SR] “Adult-use cannabis infuser organization or infuser” [SR] Section 17. That Section 19.40.330 B.9 of the Elgin Municipal Code, 1976, as amended, entitled “Transportation, communication and utilities division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following: “Adult-use cannabis transporting organization or transporter” [SR] VOLUME LXXXIV DECEMBER 18, 2019 541 Section 18. That Section 19.40.530 A.4 of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Permitted Uses, Land Use, CI Commercial Industrial District) be and is hereby further amended to add the following: “Cannabis testing facility” [SR]. Section 19. That Section 19.15.520 A. of the Elgin Municipal Code, 1976, as amended, entitled “Agriculture division” (Land Use, ARC Arterial Road Corridor Overlay District), be and is hereby deleted in its entirety. Section 20. That Section 19.15.520 C. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Land Use, ARC Arterial Road Corridor Overlay District), be and is hereby further amended by deleting the following: “Medical cannabis dispensing organization” [SR] Section 21. All above affected sections of Title 19 shall be either re-numbered and/or re- alphabetized accordingly. Section 22. 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 23. 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: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 18, 2019 VOLUME LXXXIV 542 ORDINANCE G64-19 PASSED AMENDING TITLE 4 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “REVENUE AND FINANCE” BY ADDING A NEW CHAPTER 4.25 THERETO ENTITLED “MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX” Councilmember Dixon made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Ordinance No. G64-19 AN ORDINANCE AMENDING TITLE 4 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “REVENUE AND FINANCE” BY ADDING A NEW CHAPTER 4.25 THERETO ENTITLED “MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX” WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution, and as a home rule unit may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, Public Act 101-0027, known as the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq. (the “Act”), which became effective on June 25, 2019, will allow the possession, use, cultivation, transportation and dispensing of adult-use cannabis in Illinois effective January 1, 2020; and WHEREAS, Public Act 101-0027, as amended by Public Act 101-0593, also created a new Section 8-11-23 of the Illinois Municipal Code (65 ILCS 5/8-11-23) authorizing imposition by municipalities of a municipal cannabis retailers’ occupation tax at a rate not to exceed three percent (3%) of the gross receipts of cannabis sold in a municipality so long as the city permits the retail sale of cannabis in the city, except for retail sales made under the Illinois Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq.; and WHEREAS, pursuant to the Act, the city has enacted reasonable zoning regulations which will allow as conditional uses the location of adult-use cannabis dispensaries making retail sales of cannabis within certain zoning districts in the city, subject to compliance by such dispensaries with certain specified conditions; and WHEREAS, the city council of the city desires to make certain amendments to the Elgin Municipal Code in order to levy a municipal cannabis retailers’ occupation tax at a rate of three percent (3%) on the gross receipts of cannabis sold in the city, should such sales occur within the city pursuant to the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq.; and WHEREAS, the city council of the city finds that levying a tax on cannabis sales pursuant to Section 8-11-23 of the Illinois Municipal Code (65 ILCS 5/8-11-23), at a rate of three percent (3%) of the gross receipts of cannabis sold in the city is in the best interests of the city, the residents, property owners and businesses, and will further the public’s health, safety and welfare. VOLUME LXXXIV DECEMBER 18, 2019 543 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 4 of the Elgin Municipal Code, 1976, as amended, entitled “Revenue and Finance” be and is hereby further amended by adding a new Chapter 4.25 thereto entitled “Municipal Cannabis Retailers’ Occupation Tax” to read as follows: “Chapter 4.25 MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX 4.25.010: TAX IMPOSED: A. A tax is hereby imposed upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Program Act, at retail in the City of Elgin at the rate of three (3%) of the gross receipts from these sales made in the course of that business. B. The imposition of this tax is in accordance with the provisions of Section 8-11-23, of the Illinois Municipal Code (65 ILCS 5/8-11-23), as amended, and is in addition to any and all other taxes and charges. 4.25.020: COLLECTION: A. The tax imposed by this ordinance shall be remitted by such retailer to the Illinois Department of Revenue (Department). Any tax required to be collected pursuant to or as authorized by this ordinance and any such tax collected by such retailer and required to be remitted to the Department shall constitute a debt owed by the retailer to the State. Retailers may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that sellers are required to collect. B. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department. The Department shall have full power to administer and enforce the provisions of this chapter.” Section 2. If any provision of this ordinance, or the application of any provision of this ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this ordinance. Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. DECEMBER 18, 2019 VOLUME LXXXIV 544 Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law, provided, however, that the tax provided for herein shall take effect for all sales on or after the first day of July, 2020. Certified copies of this ordinance shall be sent to the Illinois Department of Revenue prior to April 1, 2020. Section 5. The city clerk of the City of Elgin is directed to file certified copies of this ordinance with the Illinois Department of Revenue prior to April 1, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G65-19 PASSED REGARDING REGULATIONS FOR CANNABIS BUSINESS ESTABLISHMENTS AND AMENDMENTS TO ORDINANCES REGARDING CANNABIS AND DRUG PARAPHERNALIA Councilmember Dixon made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Ordinance No. G65-19 AN ORDINANCE REGARDING REGULATIONS FOR CANNABIS BUSINESS ESTABLISHMENTS AND AMENDMENTS TO ORDINANCES REGARDING CANNABIS AND DRUG PARAPHERNALIA WHEREAS, the City of Elgin is home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution, and as a home rule unit may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the City of Elgin has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government affairs that protect the public health, safety and welfare of its citizens; and VOLUME LXXXIV DECEMBER 18, 2019 545 WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which pertains to the possession, use, cultivation, transportation and dispensing of cannabis, which became effective June 25, 2019; and WHEREAS, pursuant to the Act, the City may enact reasonable zoning regulations or regulations not in conflict with the Act, regulating cannabis business establishments, including rules adopted governing the time, place, manner and number of cannabis business establishments, and minimum distance limitations between cannabis business establishments and locations the City deems sensitive; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt certain regulations regarding cannabis business establishments and to amend certain existing city ordinances regarding cannabis and drug paraphernalia as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS AS FOLLOWS: Section 1. That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses and Regulations" be and is hereby further amended by adding a new Chapter 6.07 thereto entitled "Cannabis Business Establishments" to read as follows: "Chapter 6.07 CANNABIS BUSINESS ESTABLISHMENTS 6.07.010: PURPOSE AND APPLICABILITY: It is the intent and purpose of this Chapter to provide regulations regarding the cultivation, processing and dispensing of cannabis occurring within the corporate limits of the City of Elgin. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.) ("Act") and the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.) ("Medical Cannabis Act"), as they may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that either the Act or Medical Cannabis Act is amended, the more restrictive of the state or local regulations shall apply. 6.07.020: DEFINITIONS: The following words and phrases shall, for the purposes of this Chapter have the meanings respectively ascribed to them by this section, as follows: ADVERTISE: To engage in promotional activities including, but not limited to: newspaper, radio, internet and electronic media, and television advertising; the distribution of fliers and circulars; billboard advertising; and the display of window and interior signs. "Advertise" does not mean exterior signage displaying only the name of the licensed cannabis business establishment, per the Cannabis Regulation and Tax Act (410 ILCS DECEMBER 18, 2019 VOLUME LXXXIV 546 705/1, et seq.) as it may be amended from time to time, and regulations promulgated thereunder. CANNABIS: Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and cannabis-infused products. CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. As used in this section, a cannabis business establishment shall also include all medical cannabis cultivation centers and dispensaries licensed under the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.). CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1, et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder. CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder. CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder. VOLUME LXXXIV DECEMBER 18, 2019 547 CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder. CANNABIS LOUNGE OR SOCIAL SPACE. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds. paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers that may permit the on-premises consumption of cannabis at or within the business in a manner consistent with the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to- time, and regulations promulgated thereunder. Cannabis Lounges and Social Spaces are prohibited within the city. CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to- time, and regulations promulgated thereunder. CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to- time, and regulations promulgated thereunder. PERSON: Any person, firm, corporation. Association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent. 6.07.030: CONSUMPTION, PURCHASE, ACCEPTANCE OR POSSESSION PROHIBITED A. It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis- infused products, cannabis seeds, paraphernalia or related supplies within the City without first having obtained a license from the State of Illinois. A dispensing organization's license allows for a dispensary to be operated only at a single location. DECEMBER 18, 2019 VOLUME LXXXIV 548 B. It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis- infused products, cannabis seeds, paraphernalia or related supplies to persons under twenty-one (21) years of age and in contravention to the provisions of the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.). The prohibitions set forth in this section shall not apply to persons who consume, purchase, or possess cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies pursuant to the Compassionate Use of Medical Cannabis Program (410 ILCS 130/1, et seq.). C. It shall be unlawful for any person under twenty-one (21) years of age to consume, purchase, accept a gift of or have cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers in his or her possession or in his or her bloodstream. The prohibitions set forth in this section shall not apply to persons who consume, purchase, or possess cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies pursuant to the Compassionate Use of Medical Cannabis Program (410 ILCS 13.0/1, et seq.). D. It shall be unlawful for any person, firm or corporation to encourage the sale of cannabis, cannabis infused products, cannabis seeds, paraphernalia or related supplies by giving any cannabis or cannabis products, by conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children. 6.07.040: BUILDING ENHANCEMENTS: A. Any license of a Cannabis Business Establishment shall install building enhancements, such as security cameras, security alarm systems, lighting or other improvements to ensure the safety of employees and customers of the Cannabis Business Establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for a Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act·and the Medical Cannabis Act. The City Manager or his or her designee may, at his discretion, require the Cannabis Business Establishment to install improvements and buildings enhancements beyond the State's requirements based on the specific characteristics of Cannabis Business Establishment in order to ensure the safety of employees, customers and City residents. B. A dispensing organization must keep all lighting outside and inside the dispensary in good working order and wattage sufficient for security cameras. VOLUME LXXXIV DECEMBER 18, 2019 549 6.07.050: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON PREMISES: A. Any act or failure to act of an employee or agent of either the licensee of a Cannabis Business Establishment or a management company with respect to the licensed business shall be deemed to be the act of the licensee. Any duty set forth in this chapter as a duty of the licensee shall also be the duty of any agent or employee of the licensee. B. A person must be at least twenty one (21) years of to sell cannabis products. C. A manager shall be on the premises of a Cannabis Business Establishment at all times that the licensed premises is open for business. For the purposes of this section "manager" shall be defined as the sole individual person, on the licensed premises, who is charged with supervision, oversight and management of the entire business and physical premises. D. A Cannabis Dispensing Organization shall submit a list to the State of the names of all service professionals that will work at the dispensary. 6.07.060: COMPLIANCE WITH OTHER REGULATIONS: A. All licensed premises of Cannabis Business Establishments shall be maintained and operated in full compliance with all other regulations of the State, the Cannabis Regulation and Tax Act, the Compassionate Use of Medical Cannabis Program Act and the City, including, but not limited to, those relating to the storage or sale of food, sanitary conditions, building and safety conditions. B. Applicants seeking to open a Cannabis Business Establishment facility shall provide the City with proof of State licensing approval prior to the issuance by the City of a conditional use permit. Persons operating a Cannabis Business Establishment shall annually provide to the City all State inspection reports and other information necessary to verify ongoing compliance with State and City requirements. Applicants shall, after commencing operations, provide to the City, within seven (7) days of receipt, copies of any notices, citations or other enforcement actions undertaken against the facility by the State, along with an explanation as to what steps are being taken by the Applicant to bring the facility back into compliance. C. Cannabis Business Establishments and property owners where such Cannabis Business Establishments are located shall provide access to City police, fire and code enforcement personnel during periods when employees are present to verify compliance with this Chapter and other City ordinances. Cannabis Business Establishments and property owners where such Cannabis Business Establishments are located shall cooperate with the City police, fire and code enforcement personnel in the provision of security footage when requested, and in any related DECEMBER 18, 2019 VOLUME LXXXIV 550 prosecution of any persons who violate State law or local ordinances within a Cannabis Business Establishment and on properties where such Organizations are located. D. All Cannabis Business Establishments shall register with the City pursuant to Chapter 6.04 of this Code. 6.07.070: ON-SITE CONSUMPTION OR USE: A. No cannabis shall be smoked, eaten or otherwise consumed or ingested within any Cannabis Business Establishment and within the parking areas or other public areas of a Cannabis Business Establishment. Cannabis Dispensing Organizations are required to prominently display signs regarding this prohibition near the exit door or doors of the facility. B. It shall be unlawful for any person to knowingly permit or to knowingly or negligently fail to immediately prevent or stop, on business premises under his or her control, the consumption of any cannabis by any individual. This restriction serves as a prohibition on Cannabis Lounge or Social Spaces and a prohibition of any business, including Cannabis Business Establishments, from incorporating portions of its square footage to Cannabis Lounge or Social Space. This section does not prohibit individual consumption on private property as defined by the Cannabis Regulation and Tax Act. 6.07.080: SIGNAGE PROHIBITING SALES A. Signs informing the public of the age restrictions of this chapter, shall be posted by every licensee in conspicuous view on the premises. Each such sign shall state: "The sale of cannabis products to persons under twenty-one (21) years of age is prohibited by law. A photo identification showing proof of age shall be required of everyone under twenty seven (27) years of age desiring to purchase cannabis products. Violations shall be reported to the City of Elgin Police Department" B. Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (8.5") in height and eleven inches (11") in width. Lettering on said sign shall be at least one-half inch (0.5") in height. Said signs shall also inform the public that the City of Elgin Police Department is to be contacted should the law be violated. C. The signage requirement set forth in this section shall not apply to any medical cannabis cultivation center or dispensary which operates exclusively under a license issued pursuant to the Compassionate Use of Medical Cannabis Program, (410 ILCS 130/1, et seq.). VOLUME LXXXIV DECEMBER 18, 2019 551 6.07.090: PROOF OF AGE A. No cannabis or cannabis products shall be sold to any person under twenty-seven (27) years of age unless that person has provided, at the point of purchase, a government issued photo identification showing date of birth. B. No person shall transfer, alter or deface any identification card, use any identification card of another, carry or use a false or forged identification card, obtain an identification card by means of false information, or otherwise misrepresent age for the purpose of purchasing or obtaining cannabis or cannabis products. 6.07.100: ADVERTISEMENT PROHIBITED: Cannabis Business Establishments cannot advertise cannabis or a cannabis-infused product in any form or through any medium: A. Within 1,000 feet of school grounds, playground, hospital, healthcare facility, recreation center or facility, child care center, public park or library or any arcade that admits persons under age 21; B. On or in a public transit vehicle or public transit shelter; C. On or in a publicly-owned or publicly-operated property; or D. Which contains information that: 1. is false or misleading; 2. promotes excessive consumption; 3. depicts a person under 21 years of age consuming cannabis. This includes the image of a cannabis leaf or any image designed or likely to appeal to minors, including cartoons, toys, animals or children, or any other likeness to images, characters or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling or that promotes consumption of cannabis. 6.07.110 OTHER RESTRICTIONS ON CANNABIS DISPENSING ORGANIZATIONS: A. Hours of Operation: Cannabis Dispensing Organizations shall operate only between the hours of 6:00 a.m. and 10:00 p.m. B. No cannabis odors shall be detectable outside of the Cannabis Dispensing Organizations. DECEMBER 18, 2019 VOLUME LXXXIV 552 C. Product Display: No products sold by a Cannabis Dispensing Organizations shall be visible from the public street, sidewalk or other public place. D. A Cannabis Dispensing Organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved under the Act or Medical Cannabis Act. E. A Cannabis Dispensing Organization must include the legal name of the dispensary on the packaging of any cannabis product it sells. F. Cannabis Dispensing Organizations are prohibited from selling any product containing alcohol, except tinctures, which must be limited to containers that are no larger than 100 milliliters. G. Cannabis Dispensing Organizations shall not: 1. Sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one price, and each item of cannabis, concentrate, or cannabis-infused product must be separately identified by quantity and price on the receipt; 2. Sell clones or any other live plant material; 3. Have fewer than 2 people working at the dispensary at any time while the dispensary is open; 4. Operate a dispensary if its video surveillance equipment is inoperative; 5. Operate a dispensary if the point-of-sale equipment is inoperative; 6. Operate a dispensary if the State's cannabis electronic verification s system is inoperative; 7. Enter into agreements to allow persons who are not dispensing organization agents to deliver cannabis or to transport cannabis to purchasers; 8. Operate drive-through windows; 9. Allow for the dispensing of cannabis or cannabis-infused products in vending machines; 10. Transport cannabis to residences or other locations where purchasers may be for delivery; 11. Produce or manufacture cannabis; 12. Accept a cannabis product from an adult use cultivation center, craft grower, infuser, dispensing organization, or transporting organization unless it is pre-packaged and labeled in accordance with the Act and any rules that may be adopted pursuant to the Act, 13. Obtain cannabis or cannabis-infused products from outside the State of Illinois; 14. Sell cannabis or cannabis-infused products to a purchaser unless the dispensary organization is licensed under the Compassionate Use of Medical Cannabis Program, and the individual is registered under the Compassionate Use of Medical Cannabis Program or the purchaser has been verified to be over the age of 21; VOLUME LXXXIV DECEMBER 18, 2019 553 15. Permit any person to smoke, eat or otherwise consume or ingest any cannabis on the premises including, but not limited, within any parking areas or other public areas on the premises of the cannabis dispensing organization; 16. Keep open for business or admit the public or patrons or customers or persons to the premises either before or after the permitted hours of operation or to permit or allow persons, patrons, or customers to remain in or about the premises either before or after the permitted hours of operation; 17. Violate any other requirements or prohibitions set by State rules. 6.07.120: PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fine in an amount of not less than five hundred dollars ($500.00) for each offense. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the city to suspend, revoke or to refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law. 6.07.130 SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included.” Section 2. That Chapter 10.24 of the Elgin Municipal Code, 1976, as amended, entitled "Cannabis" be and is hereby amended in its entirety to read as follows: DECEMBER 18, 2019 VOLUME LXXXIV 554 "10.24.010: DEFINITIONS: All terms and phrases used in this chapter shall have the same meaning as ascribed to them in the Cannabis Control Act (720 ILCS 550/1, et seq.), as amended. 10.24.020: POSSESSION: A person commits the offense of possession of cannabis by knowingly possessing thirty (30) grams or less of any substance containing cannabis unless permitted or authorized to do so pursuant to the Cannabis Control Act (720 ILCS 550/1, et seq.), the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.) or the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.). 10.24.030: PENALTIES: A. Any person found in violation of any of the provisions of this chapter for possession of ten grams (10 g) or less of any substance containing cannabis shall be fined not less than $75.00 for a first offense, not less than $200.00 for a second offense and not less than $500.00 for a third subsequent offense. B. Any person found in violation of any of the provisions of this chapter for possession of more than ten grams (10 g) and up to thirty grams (30 g) of any substance containing cannabis shall be fined not less than one hundred fifty dollars ($150.00) for a first offense, not less than three hundred dollars ($300.00) for a second offense and not less than seven hundred fifty dollars ($750.00) for a third and subsequent offense. C. In addition to the payment of the aforesaid fine, any person found to be in violation of this chapter may also, upon conviction, be required to complete not more than fifty (50) hours of community service or community restitution hours in addition to or in place of a fine. D. Any person shall be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted to be committed, and the person shall be punished accordingly.” Section 3. That Chapter 10.25 of the Elgin Municipal Code, 1976, as amended, entitled "Drug Paraphernalia Control" be and is hereby further amended in its entirety to read as follows: "10.25.010: ADOPTION OF DRUG PARAPHERNALIA CONTROL ACT: The regulations of the Drug Paraphernalia Control Act (720 ILCS 600/1, et seq.), as amended, are hereby adopted and incorporated by reference. VOLUME LXXXIV DECEMBER 18, 2019 555 "10.25.020: PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fine in an amount of not less than one thousand dollars ($1,000.00) for each offense. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the city to suspend, revoke or to refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law.” Section 4. That all ordinances or parts of ordinances in conflict with the provisions are hereby repealed to the extent of any such conflict. Section 5. 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: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T15-19 PASSED ADOPTING THE 2020 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 18, 2019 VOLUME LXXXIV 556 Ordinance No. T15-19 AN ORDINANCE ADOPTING THE 2020 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2020; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2020 and is attached hereto. Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2020 annual budget. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV DECEMBER 18, 2019 557 ORDINANCE T16-19 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T16-19 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 18th of December, 2019 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2020, the amount of which is ascertained to be the aggregate sum of $274,378,250. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... 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 for the public health, safety, morals and welfare; to license; to tax; and to incur debt.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City of Elgin, subject to taxation for the year 2019, the total sum of $50,418,210 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City of Elgin for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: GENERAL CORPORATE PURPOSES In Accordance with Provisions of the 1970 Constitution of Illinois, Article 7 Amount Appropriated Estimated Receipts From Other Sources To Be Raised By Taxation 01 Mayor & City Council 322,320 322,320 02 City Clerk 282,670 282,670 03 Office of the City Manager 1,390,360 1,390,360 05 Legal 1,521,660 1,521,660 DECEMBER 18, 2019 VOLUME LXXXIV 558 06 Human Resources 1,036,350 1,036,350 07 311 900,370 900,370 15 Community Development 1,408,330 1,408,330 16 Neighborhood Services 3,546,430 3,546,430 17 Economic Development 549,200 549,200 19 Boards & Commissions 639,840 639,840 20 Finance 2,362,990 2,362,990 21 Information Technology Systems 1,734,120 1,734,120 22 Purchasing & Risk Management 381,730 381,730 23 Police Department 47,558,740 30,606,245 16,952,495 28 Fire Department 29,657,650 19,085,393 10,572,257 33 Public Works 19,091,500 19,091,500 37 Building Maintenance 3,218,760 3,218,760 69 Non-Departmental 11,652,300 11,652,300 TOTAL – GENERAL CORPORATE PURPOSES $127,255,320 $99,730,568 27,524,752 Add: 1% for Loss of Collection 275,248 TOTAL AMOUNT TO BE RAISED BY TAXATION - GENERAL CORPORATE PURPOSE $27,800,000 SPECIAL CORPORATE PURPOSES 220 Emergency Telephone System (E911) 1,530,000 1,530,000 230 Community Dev. Grant 998,030 998,030 250 Drug Asset Forfeiture Fund 229,000 229,000 262 Central Area Tax Allocation Fund 3,328,710 3,328,710 263 U.S. Rte. 20 Tax Allocation Fund 69,500 69,500 264 Bluff City Tax Allocation Fund 265,000 265,000 275 Elgin Riverboat Fund 24,129,810 24,129,810 290 Motor Fuel Tax Fund 4,300,000 4,300,000 294 Cemetery Operating 570,020 570,020 296 Elgin Recreation 10,241,680 10,241,680 301 Corporate Bond Fund 3,016,000 193,822 2,822,178 Add: 1% for Loss of Collection 28,222 TOTAL AMOUNT TO BE RAISED BY TAXATION – CORPORATE BOND FUND $2,850,400 280 Social Security 2,518,010 0 2,518,010 Add: 1% for Loss of Collection 25,180 TOTAL AMOUNT TO BE RAISED BY TAXATION –SOCIAL SECURITY $2,543,190 280 Illinois Municipal Retirement Fund 7,334,270 4,941,240 2,393,030 Add: 1% for Loss of Collection 23,930 TOTAL AMOUNT TO BE RAISED BY TAXATION – IMRF $2,416,960 Capital Improvement Funds 319 2019 GO Bond Fund 3,000,300 3,000,300 VOLUME LXXXIV DECEMBER 18, 2019 559 340 Park Development Fund 164,000 164,000 378 Tyler Creek 17,140 17,140 385 Capital Improvement Fund 5,143,710 5,143,710 Enterprise Funds 401 Utility Operating Fund 32,163,150 32,163,150 420 Water Development Fund 1,000,000 1,000,000 440 Sewer Development Fund 350,500 350,500 540 Golf Operating Fund 3,348,940 3,348,940 Internal Service Funds 601 Equipment Replacement 5,057,060 5,057,060 630 Risk Management Fund 5,861,870 5,861,870 635 Medical Insurance 12,146,760 12,146,760 Trust and Agency Funds 520 Cemetery Perpetual Care Fund 35,050 35,050 636 Retiree Medical Insurance 1,916,430 1,916,430 701 Police Pension Fund 10,054,550 1,684,322 $8,370,228 Add: 1% for Loss of Collections 83,702 TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION $8,453,930 711 Fire Pension Fund 8,333,440 2,042,618 $6,290,822 Add: 1% for Loss of Collections 62,908 TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION $6,353,730 TOTAL SPECIAL CORPORATE PURPOSES $147,122,930 $124,728,662 $22,394,268 Add: 1% for Loss of Collections 223,942 TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES $22,618,210 GRAND TOTAL – APPROPRIATION ALL PURPOSES $274,378,250 TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION $224,459,230 TOTAL TO BE RAISED BY TAXATION $49,919,020 Add: 1% for Loss of Collections 499,190 TOTAL AMOUNT TO BE RAISED BY TAXATION $50,418,210 The total amount of $50,418,210 levied by this ordinance for all funds. Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. DECEMBER 18, 2019 VOLUME LXXXIV 560 Section 3. That the City Clerk be and is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T17-19 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T17-19 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Nineteen has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Nineteen in the City of Elgin” passed and effective on October 8, 2008; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Nineteen are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Nineteen, subject to taxation for the year 2019, the sum total of $56,500 for the following purposes. VOLUME LXXXIV DECEMBER 18, 2019 561 Estimated Receipts From Sources To Be 2020 Other Than Raised By Appropriation Taxation Taxation Debt Services – for payment of $56,500 $559 $55,941 principal and interest Total appropriation $56,500 Total revenues from sources other than Taxation $0 Amount to be raised by taxation $55,941 Add: 1% for loss of collection 559 Total amount to be raised by taxation for Special Service Area Number Nineteen purposes $56,500 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Nineteen. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Nineteen requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 18, 2019 VOLUME LXXXIV 562 RESOLUTION 19-173 ADOPTED ADOPTING THE THREE-YEAR FINANCIAL PLAN Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-173 RESOLUTION ADOPTING THE THREE-YEAR FINANCIAL PLAN WHEREAS, strategic goals and policies for the community were formulated from extensive dialogue and incorporated into the 2020 Budget and 2020-2022 Financial Plan; and WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and WHEREAS, the Proposed 2020 Budget and 2020-2022 Financial Plan have been placed on file for public review with the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Three-Year Financial Plan is hereby adopted as a policy document of the city as an additional guide for strategic planning and operations. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G66-19 PASSED ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV DECEMBER 18, 2019 563 Ordinance No. G66-19 AN ORDINANCE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the fees, charges and rates for 2020 as set forth in the User Fees Exhibit from the adopted 2020 Budget attached hereto as Exhibit 1, be and the same are hereby established for the various city services, permits, licenses, use of facilities and other matters as set forth in such attached User Fees Exhibit. Section 2. If any provision, clause, sentence, paragraph, section or part of this ordinance including the user fees exhibit attached hereto, or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 18, 2019 VOLUME LXXXIV 564 RESOLUTION 19-174 ADOPTED AUTHORIZING EXECUTION OF A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Councilmember Martinez made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-174 RESOLUTION AUTHORIZING EXECUTION OF A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS 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 Successor Collective Bargaining Agreement on behalf of the City of Elgin with Local #439 International Association of Firefighters for 2018-2021, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-175 ADOPTED AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Martinez abstained. VOLUME LXXXIV DECEMBER 18, 2019 565 Resolution No. 19-175 RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute on behalf of the City of Elgin Addendum No. 1 to Collective Bargaining Agreement between the City of Elgin and Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G67-19 PASSED ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G67-19 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved a negotiated settlement reached by the City of Elgin and the Service Employees International Union DECEMBER 18, 2019 VOLUME LXXXIV 566 Local 73 Municipal Division, Elgin Public Works Chapter, also commonly known as the Public Services Employee Group; and WHEREAS, such negotiated settlement includes wages for 2020 and it is therefore necessary to implement a new salary plan for such Public Services Employee Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2020, there is hereby established the following schedule of standard hourly, annual and monthly salary ranges for the Public Services Employee Group. Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Position Title Grade WATER RELIEF OPERATOR II 634 $30.81 $33.01 $35.21 $37.41 $39.61 $41.82 $44.02 $64,088 $68,666 $73,244 $77,821 $82,399 $86,977 $91,554 $5,341 $5,722 $6,104 $6,485 $6,867 $7,248 $7,630 ENGINEERING INSPECTOR 633 $29.34 $31.44 $33.54 $35.63 $37.73 $39.82 $41.92 INSTRUMENTATION SERVICE WORKER $61,036 $65,396 $69,755 $74,115 $78,475 $82,835 $87,195 LEAD UTILITIES MAINT. MECHANIC $5,086 $5,450 $5,813 $6,176 $6,540 $6,903 $7,266 WATER TREATMENT OPERATOR II FLEET SERVICES LEAD MECHANIC UTILITIES TECHNOLOGY SERVICE WORKER AUTOMOTIVE MECHANIC 631 $28.22 $30.24 $32.25 $34.27 $36.29 $38.30 $40.32 CREW LEADER - SEWER $58,702 $62,895 $67,088 $71,281 $75,475 $79,667 $83,861 CREW LEADER - STREETS $4,892 $5,241 $5,591 $5,940 $6,290 $6,639 $6,988 CREW LEADER - TRAFFIC CONTROL CREW LEADER-WATER DISTRIBUTION ELECTRICAL WORKER - WATER ELECTRICAL WORKER II -PUBLIC WORKS VOLUME LXXXIV DECEMBER 18, 2019 567 LAND MGT CREW LEADER LEAD METER SHOP WORKER WATER RELIEF OPERATOR I 629 $26.63 $28.53 $30.43 $32.33 $34.23 $36.13 $38.04 $55,381 $59,337 $63,293 $67,248 $71,204 $75,160 $79,115 $4,615 $4,945 $5,274 $5,604 $5,934 $6,263 $6,593 ARBORIST 628 $26.44 $28.33 $30.21 $32.10 $33.99 $35.88 $37.77 CEMENT WORKER $54,989 $58,917 $62,845 $66,773 $70,700 $74,628 $78,556 UTILITY MAINTENANCE MECHANIC $4,582 $4,910 $5,237 $5,564 $5,892 $6,219 $6,546 EQUIPMENT OPERATOR - SEWERS 626 $25.36 $27.17 $28.98 $30.79 $32.60 $34.41 $36.23 EQUIPMENT OPERATOR - STREETS $52,744 $56,511 $60,279 $64,046 $67,814 $71,581 $75,348 EQUIPMENT OPERATOR - WATER DIST $4,395 $4,709 $5,023 $5,337 $5,651 $5,965 $6,279 UTILITY LOCATOR WATER TREATMENT OPERATOR I ELECTRICAL WORKER I 624 $24.33 $26.07 $27.80 $29.54 $31.28 $33.02 $34.76 GOLF COURSE MECHANIC $50,604 $54,218 $57,833 $61,448 $65,062 $68,677 $72,292 GREENS WORKER $4,217 $4,518 $4,819 $5,121 $5,422 $5,723 $6,024 LAND MGT MAINTENANCE TECHNICIAN LAND MGT SAFETY INSPECTOR SIGNS LEAD WORKER SPORTS COMPLEX LEAD WORKER SPORTS COMPLEX COORDINATOR UTILITY MAINTENANCE TECHNICIAN WATER DISTRIBUTION INSPECTOR WATER SERVICE PERSON LAND MGT GROUNDS WORKER 623 $23.89 $25.59 $27.30 $29.01 $30.71 $32.42 $34.12 DECEMBER 18, 2019 VOLUME LXXXIV 568 UTILITY WORKER - SEWERS $49,685 $53,234 $56,782 $60,331 $63,880 $67,430 $70,978 UTILITY WORKER - STREETS $4,140 $4,436 $4,732 $5,028 $5,323 $5,619 $5,915 UTILITY WORKER - TRAFFIC UTILITY WORKER - WATER DIST. WATER METER SERVICER WATER TREATMENT LABORER WATER METER MAINTENANCE PERSON 620 $22.50 $24.11 $25.72 $27.32 $28.93 $30.54 $32.14 WATER LABORATORY ASSISTANT $46,803 $50,146 $53,489 $56,832 $60,175 $63,518 $66,861 SERVICE MAINT. LABORER - WATER $3,900 $4,179 $4,457 $4,736 $5,015 $5,293 $5,572 LAND MGT GROUNDS LABORER 613 $19.44 $20.83 $22.22 $23.61 $25.00 $26.38 $27.77 $40,438 $43,326 $46,214 $49,103 $51,991 $54,879 $57,768 $3,370 $3,610 $3,851 $4,092 $4,333 $4,573 $4,814 Section 2. That all 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 and effect from and after January 1, 2020, upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV DECEMBER 18, 2019 569 ORDINANCE G68-19 PASSED ESTABLISHING A PAY PLAN AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN Councilmember Steffen made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G68-19 AN ORDINANCE ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2020, there is hereby established the following offices and positions and schedule of standard monthly and annual salary ranges for the City's Non-Bargaining Unit Member Group: Benefit Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Position Title Group Grade CORPORATION COUNSEL/CHIEF DEVELOPMENT OFFICER A 828 $161,769 $169,859 $178,351 $187,270 $196,634 $206,464 $216,788 $13,481 $14,155 $14,863 $15,606 $16,386 $17,205 $18,066 (NO POSITIONS IN GRADE) A 827 $154,067 $161,769 $169,859 $178,351 $187,270 $196,634 $206,464 $12,839 $13,481 $14,155 $14,863 $15,606 $16,386 $17,205 (NO POSITIONS IN GRADE) A 826 $146,730 $154,066 $161,769 $169,859 $178,352 $187,270 $196,634 $12,228 $12,839 $13,481 $14,155 $14,863 $15,606 $16,386 CHIEF FINANCIAL OFFICER/BUDGET DIRECTOR A 825 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351 $187,270 FIRE CHIEF A $11,645 $12,228 $12,839 $13,481 $14,155 $14,863 $15,606 POLICE CHIEF A (NO POSITIONS IN GRADE) A 824 $133,088 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351 $11,091 $11,645 $12,228 $12,839 $13,481 $14,155 $14,863 (NO POSITIONS IN GRADE) A 823 $126,751 $133,088 $139,743 $146,730 $154,066 $161,769 $169,859 $10,563 $11,091 $11,645 $12,228 $12,839 $13,481 $14,155 ASSISTANT CITY MANAGER A 822 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066 $161,769 DECEMBER 18, 2019 VOLUME LXXXIV 570 CHIEF TECHNOLOGY DIRECTOR A $10,060 $10,563 $11,091 $11,645 $12,228 $12,839 $13,481 COMMUNITY DEV DIRECTOR A HUMAN RESOURCES DIRECTOR A ASSISTANT FIRE CHIEF A 821 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066 CITY ENGINEER A $9,581 $10,060 $10,563 $11,091 $11,645 $12,228 $12,839 COMMUNICATIONS DIRECTOR A PARKS AND RECREATION DIRECTOR A POLICE DEPUTY CHIEF A PUBLIC WORKS DIRECTOR A WATER DIRECTOR A BATTALION CHIEF (FIRE) A 820 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730 DIRECTOR OF NEIGHBORHOOD SVCS A $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 $12,228 POLICE COMMANDER A ASSISTANT CORP COUNSEL II B 819 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 ASSISTANT DIRECTOR OF PARKS AND REC II B $8,690 $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 ECONOMIC DEVELOPMENT DIRECTOR A PARKS AND FACILITIES SUPERINTENDENT B PROFESSIONAL STANDARDS OFFICER B FIRE MARSHAL A 818 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088 POLICE LIEUTENANT B $8,276 $8,690 $9,124 $9,581 $10,060 $10,563 $11,091 ASSISTANT DIRECTOR OF PARKS AND REC I B 817 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751 BUILDING MAINTENANCE SUPT B $7,882 $8,276 $8,690 $9,124 $9,581 $10,060 $10,563 ENTERPRISE ARCHITECT B FINANCE MANAGER B PUBLIC INFO & COMMUNITY OUTREACH MANAGER B PURCHASING OFFICER B PUBLIC WORKS SUPERINTENDENT B REGULATORY COMPLIANCE MANAGER B SENIOR ENGINEER B SENIOR PLANNER B SUPERINTENDENT OF PARKS & FACILITIES B WATER PLANT SUPERINTENDENT B VOLUME LXXXIV DECEMBER 18, 2019 571 ASSISTANT CORP COUNSEL I B 816 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714 ENGINEER II B $7,507 $7,882 $8,276 $8,690 $9,124 $9,581 $10,060 GOLF OPERATIONS DIRECTOR B POLICE SERGEANT B BUILDING & DEVELOPMENT MANAGER B 815 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966 CITIZEN SERVICES SUPERVISOR B $7,149 $7,507 $7,882 $8,276 $8,690 $9,124 $9,581 CITY CLERK B CULTURAL CENTER DIRECTOR B NEIGHBORHOOD SERVICES MGR II B ASST BUILDING MAINT SUPERINTENDENT C 814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492 ASST WATER SUPERINTENDENT C $6,809 $7,149 $7,507 $7,882 $8,276 $8,690 $9,124 ENGINEER I C FACILITIES MANAGER - RECREATION C ITS NETWORK MANAGER C ITS SENIOR DATABASE ANALYST C ITS SYSTEM SUPPORT MANAGER C LAND MGMT SUPERVISOR C PUBLIC WORKS SUPERVISOR C RECREATION MANAGER C SENIOR ACCOUNTANT C SENIOR HUMAN RESOURCES ADVISOR C SENIOR MANAGEMENT ANALYST C SENIOR PUBLIC SAFETY SYSTEMS SPEC. C FIRE CODE OFFICIAL B 813 $77,814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 GOLF COURSE SUPERINTENDENT B $6,484 $6,809 $7,149 $7,507 $7,882 $8,276 $8,690 311 CITIZEN SERVICES MANAGER C 812 $74,109 $77,813 $81,704 $85,791 $90,080 $94,583 $99,312 GIS PLANNER C $6,176 $6,484 $6,809 $7,149 $7,507 $7,882 $8,276 ITS SPECIALIST/DEVELOPER C NEIGHBORHOOD SERVICES MANAGER I C PUBLIC SAFETY SYSTEMS SPECIALIST C ACCOUNTANT C 811 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080 $94,583 ACCOUNTANT/PAYROLL ANALYST C $5,882 $6,176 $6,484 $6,809 $7,149 $7,507 $7,882 ASSOCIATE PLANNER C DECEMBER 18, 2019 VOLUME LXXXIV 572 ERC FACILITY AND PROGRAMS MANAGER C HISTORIC PRESERVATION PLANNER C PLAN EXAMINER C PUBLIC HEALTH COORDINATOR C PUBLIC SAFETY COMMUNICATIONS SHIFT SUPERVISOR C VICTIM ASSISTANCE COORDINATOR C ASST GOLF OPERATIONS DIRECTOR C 810 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080 CHEMIST C $5,601 $5,882 $6,176 $6,484 $6,809 $7,149 $7,507 DEPUTY DIRECTOR OF RECORDS AND EVIDENCE C EXECUTIVE ASSISTANT* C LEGAL SECRETARY/PARALEGAL* C POLICE EXECUTIVE ASSISTANT C RECREATION SOFTWARE SPECIALIST C RISK MANAGEMENT ASSISTANT C SENIOR RECREATION SUPERVISOR-AQUATIC PROGRAMS C SENIOR RECREATION SUPERVISOR-COMMUNITY PROGRAMS C SENIOR RECREATION SUPERVISOR-HEALTH & FITNESS PROGRAMS C SENIOR RECREATION SUPERVISOR-FITNESS MEMBERSHIP C (NO POSITIONS IN GRADE) C 809 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791 $5,335 $5,601 $5,882 $6,176 $6,484 $6,809 $7,149 CULTURAL ARTS MANAGER C 808 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 CUSTOMER SERVICE SUPERVISOR C $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 $6,809 EARLY CHILDHOOD SUPERVISOR C ERC FITNESS AND MEMBERSHIP COORDINATOR C HEMMENS ASST TECHNICAL SUPERVISOR C HUMAN RESOURCES ADVISOR C MANAGEMENT ANALYST C PARKING CONTROL SUPERVISOR C SPECIAL EVENTS COORDINATOR C YOUTH/TEEN PROGRAM SUPERVISOR C VOLUME LXXXIV DECEMBER 18, 2019 573 ACCOUNTING TECHNICIAN C 807 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814 ADJUDICATION SPECIALIST C $4,839 $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 ITS - INFORMATION TECHNOLOGY SPEC C PUB SAFETY PROP/EVIDENCE TECHNICIAN C GIS ANALYST C ADMINISTRATIVE ASSISTANT II* C 806 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109 DEPUTY CITY CLERK* C $4,608 $4,839 $5,081 $5,335 $5,601 $5,882 $6,176 LEGAL SECRETARY* C MANAGEMENT FELLOWSHIP C FLEET SERVICE ASSISTANT C 805 $52,670 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579 $4,389 $4,608 $4,839 $5,081 $5,335 $5,601 $5,882 ADMINISTRATIVE ASSISTANT I* C 804 $50,161 $52,669 $55,301 $58,065 $60,969 $64,018 $67,218 COMMUNITY OUTREACH SPECIALIST C $4,180 $4,389 $4,608 $4,839 $5,081 $5,335 $5,601 CONTENT DEVELOPER C COMMUNITY RESOURCE COORDINATOR C 803 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969 $64,017 ERC OFFICE MANAGER C $3,981 $4,180 $4,389 $4,608 $4,839 $5,081 $5,335 ERC FACILITY SUPERVISOR C (NO POSITIONS IN GRADE) C 802 $45,495 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969 $3,791 $3,981 $4,180 $4,389 $4,608 $4,839 $5,081 (NO POSITIONS IN GRADE) C 801 $43,329 $45,495 $47,770 $50,161 $52,670 $55,301 $58,065 $3,611 $3,791 $3,981 $4,180 $4,389 $4,608 $4,839 *(Confidential position) Section 2. That the following benefit program is hereby established: Group A 1) Vacation - 1 to 9 years of service - 3 weeks 10 years to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same DECEMBER 18, 2019 VOLUME LXXXIV 574 or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to nine (9) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, sixty (60) days (in 12- hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, thirty (30) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Fire Battalion Chiefs - Fire Battalion Chiefs shall be paid at their current hourly rate of pay at straight time for hours worked filling a vacant shift position on a scheduled day off which otherwise would have been filled by overtime. This provision shall relate only to shift positions only and not any other duties. 7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group B 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks VOLUME LXXXIV DECEMBER 18, 2019 575 11 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, thirty (30) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, twenty (20) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants and Police Sergeants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants and Police Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing DECEMBER 18, 2019 VOLUME LXXXIV 576 employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group C 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, fifteen (15) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, fifteen (15) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. 5) Personal Days - Three (3) personal days shall be provided per year. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Police Management Sick Leave Bonus - All police management employees on the active payroll as of the beginning of a payroll year, shall have established a $240 sick leave occurrence bank. For each 8 hours of sick leave used during a payroll year, $40.00 shall be deducted from the employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll VOLUME LXXXIV DECEMBER 18, 2019 577 year shall receive a voucher payment equal to the balance remaining in their individual sick leave bonus bank. Police Management Sick Leave Conversion - Police management employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is equivalent to a maximum of 1,928 hours of sick leave time. In recognition of non-use of sick leave time, police management employees shall be eligible for a severance sick leave conversion payment upon separation from employment. Such severance payment shall be equivalent to twenty-five percent (25%) of the value of the employee's accumulated and unused sick leave as of the effective date of the employee's separation from employment, and shall be paid to the employee in a lump sum, minus any applicable deductions. For the purposes of this section, the employee's hourly wage shall be equivalent to the employee's hourly wage rate inclusive of annual longevity pay paid to the employee, if any. Police Management Voluntary Fitness Program - Police management personnel shall be eligible to participate in the police department's voluntary physical fitness program under the same terms and conditions provided for other police department employees. Police Language Proficiency Stipend - Police management employees who are certified by the City or a third party selected by the City to be proficient in Spanish, Laotian or sign language shall be paid a stipend of $50 per month. Medical Insurance for Groups A, B, and C - Comprehensive major medical insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage options. Notwithstanding the foregoing, employees hired on or after January 1, 2018, shall not be eligible to participate in the so-called PPO or HCA group medical insurance plans, and such employees shall be limited to participating in the Health Maintenance Organization (HMO) or the High Deductible Health Plan (HDHP)/Health Savings Account Plan (HSA). Effective March 1, 2010, for employees hired prior to March 1, 2010, the City will pay 85% of the specified premium for the coverage selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 15% of the specified premium. Effective March 1, 2010, for employees hired on or after March 1, 2010, the City will pay 80% of the specified premium for the coverage selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 20% of the specified premium. Notwithstanding anything to the contrary in Ordinance G70-02, as amended, employees hired on or after March 1, 2010, shall not be eligible to continue to participate in the City’s group health insurance plan pursuant to Ordinance No. G70-02, as amended. Employees who have alternative health insurance coverage may elect to discontinue to participate in the City’s health insurance plan pursuant to the City’s health insurance opt out program adopted pursuant to Resolution No. 05-38, as amended by Resolution No. 09-24. The opt out benefit to such employees shall be in the annual amount of $3,000 prorated based upon employment with the city during the applicable plan year and shall be paid at the employee’s option either to a Health Reimbursement Account or in the form of additional compensation to the employee to be paid in a lump sum, less appropriate deductions, on December 1 in the applicable plan year. An employee hired prior to March 1, 2010, who provides the City with a written commitment to opt for coverage under the City's Health DECEMBER 18, 2019 VOLUME LXXXIV 578 Maintenance Organization (HMO) Plan for a four (4) year period on a form provided by the City shall receive a one-time payment of $1,000. In the event of any such employee fails to fulfil or otherwise breaches said aforementioned four (4) year written commitment, such employee shall agree to refund the aforementioned $1,000 to the City via payroll deduction. Vacation and Sick Leave Buy Back for Groups A, B, and C - Effective January 1, 2010, an employee determined by the City Manager in the City Manager’s sole and exclusive discretion to be outstanding and deserving of a performance reward may sell back to the City at the employee’s then current salary rate up to five (5) accrued and unused vacation days each calendar year and up to five (5) accrued and unused sick days each calendar year. The determination by the City Manager as to whether any employee qualifies for such vacation and/or sick leave buy back and the amount thereof shall be in the sole and exclusive discretion of the City Manager and shall not be subject to any review, appeal, grievance and/or arbitration procedures. 401 (a) Plan for Groups A, B, and C - Effective March 14, 2010, the City’s deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract (Management Group) employees, whereby the City contributed 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program, shall be terminated. Longevity Pay for Groups A, B, and C - Effective March 14, 2010, employees hired prior to January 1, 2010, shall receive as additional earnings annual longevity pay in the amount of an additional 4% of the employee’s annual salary. Longevity pay shall be paid to employees in installments with each payroll. Employees hired on or after March 1, 2010, shall not be eligible for or receive longevity pay. Sick Leave Conversion For Vacation Leave - Accrued sick leave over 480 hours (60 days) (or over 720 hours (60-12 hour days) for fire shift employees) may be converted at the rate of three (3) days of sick leave for one (1) day of vacation leave. Such conversion is limited to a maximum of five (5) days of vacation leave (or 12-12 hour periods for fire shift employees) in any one calendar year. The minimum balance of sick leave after such conversion shall not be less than 60 days. Sick Leave Conversion for Severance Pay - Upon retirement or leaving city employment in good standing, employees may be eligible to convert accrued sick leave for severance pay. An employee with accrued sick leave of more than 720 hours (90) days (or 1,080 hours (90-12 hour days) for fire shift employees) may convert up to a maximum of 20 days or 160 hours of sick leave for severance pay (240 hours for fire shift employees), as long as the remaining balance of accrued sick leave does not total less than 90 days of accrued sick leave. Such conversion shall be at the rate of three (3) days of sick leave for one (1) day of severance pay. Accrued sick leave applied by an employee for IMRF service credit shall not be eligible for sick leave conversion for severance pay. The provisions of this section shall not apply to police management employees. Adjustment of Pay Grades Within Groups A, B and C - The City Manager, in the City Manager’s discretion, may either increase or decrease the pay grades for positions within the non- bargaining unit member group based upon the completion of periodic salary or market surveys. Such adjustments shall be limited to movement within the A, B and C benefit group classifications VOLUME LXXXIV DECEMBER 18, 2019 579 and shall not exceed the maximum amount of compensation within the benefit group as established by the City Council in the most recent ordinance establishing the pay and benefit plans for the non-bargaining unit member group. Such adjustments of pay grades by the City Manager shall be identified in the subsequent ordinance to be adopted by the City Council establishing a pay and benefit plan for the non-bargaining unit member group. Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2020, upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G69-19 PASSED AMENDING ORDINANCE NO. G62-17 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Martinez abstained. Ordinance No. G69-19 AN ORDINANCE AMENDING ORDINANCE NO. G62-17 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G62-17 be and is hereby amended in its entirety to read as follows: DECEMBER 18, 2019 VOLUME LXXXIV 580 Section 1. That there is hereby established the following schedule of standard hourly pay ranges for part time and seasonal Parks & Recreation employees as follows: Effective January 1, 2020 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 P.T. Life Guard 101 $11.00 $11.75 $12.75 $13.75 $14.75 P.T. Attendant 102 $9.25 $10.00 $11.00 $12.00 $13.00 P.T. ERC Concession Staff P.T. Intern P.T. Cashier- Sports Complex P.T. Desk Attendant P.T. Junior Leader P.T. Birthday Party Attendant P.T. Attendant Gym, Fitness 109 $10.00 $10.75 $11.75 $12.75 $13.75 P.T. Activity Supervisor P.T. Activity Supervisor (I) P.T. Desk Clerk P.T. Babysitter P.T. Program Leader P.T. Program Leader (I) P.T. Café/Concession Manager 110 $10.50 $11.25 $12.25 $13.25 $14.25 P.T. ERC Concession Manager P.T. Program Coordinator 111 $11.00 $11.75 $12.75 $13.75 $14.75 P.T. Program Coordinator (I) P.T. Special Events Marketing Coordinator P.T. Asst. Instructor- Preschool (I) P.T. Bartender 112 $11.25 $12.00 $13.00 $14.00 $15.00 P.T. Instructor (I) 113 $12.00 $12.75 $13.75 $14.75 $15.75 P.T. Instructor P.T. Facility Manager - Pool P.T. Head Life Guard P.T. Head Life Guard (I) P.T. Facility Supervisor P.T. ERC Facility Supervisor P.T. Youth Soccer Official 114 $15.50 $18.00 $18.00 $18.00 $18.00 P.T. Instructor Preschool 115 $13.00 $13.75 $14.75 $15.75 $16.75 P.T. Instructor - Preschool (I) P.T. Instructor 117 $15.00 $15.75 $16.75 $17.75 $18.75 P.T. Naturalist P.T. Preschool Coordinator (I) VOLUME LXXXIV DECEMBER 18, 2019 581 P.T. Head Swim Coach P.T. Instructor - Water Aerobics 118 $15.00 $18.75 $22.50 $26.25 $30.00 P.T. Banquet Rental Coordinator 119 $16.00 $16.75 $17.75 $18.75 $19.75 P.T. Banquet Rental Coordinator (l) P.T. BASE Coordinator (I) P.T. Attendant - Clubhouse 120 $10.00 $11.00 $12.00 $13.00 $14.00 P.T. Cart/Bag /Range Attendants 121 $10.00 $11.00 $12.00 $13.00 $14.00 P.T. Starter/Ranger - Golf 122 $10.00 $11.00 $12.00 $13.00 $14.00 P.T. Sales & Event Coordinator 123 $17.50 $18.00 $18.50 $19.00 $19.50 P.T. Business Coordinator P.T. Asst. Golf Professional (l) P.T. Outside Service Captain 124 $12.00 $13.00 $14.00 $15.00 $16.00 Effective July 1, 2020 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 P.T. Life Guard 101 $11.00 $11.75 $12.75 $13.75 $14.75 P.T. Attendant 102 $10.00 $10.00 $11.00 $12.00 $13.00 P.T. ERC Concession Staff P.T. Intern P.T. Cashier- Sports Complex P.T. Desk Attendant P.T. Junior Leader P.T. Birthday Party Attendant P.T. Attendant Gym, Fitness 109 $10.00 $10.75 $11.75 $12.75 $13.75 P.T. Activity Supervisor P.T. Activity Supervisor (I) P.T. Desk Clerk P.T. Babysitter P.T. Program Leader P.T. Program Leader (I) P.T. Café/Concession Manager 110 $10.50 $11.25 $12.25 $13.25 $14.25 P.T. ERC Concession Manager P.T. Program Coordinator 111 $11.00 $11.75 $12.75 $13.75 $14.75 P.T. Program Coordinator (I) P.T. Special Events Marketing Coordinator P.T. Asst. Instructor- Preschool (I) P.T. Bartender 112 $11.25 $12.00 $13.00 $14.00 $15.00 P.T. Instructor (I) 113 $12.00 $12.75 $13.75 $14.75 $15.75 DECEMBER 18, 2019 VOLUME LXXXIV 582 P.T. Instructor P.T. Facility Manager - Pool P.T. Head Life Guard P.T. Head Life Guard (I) P.T. Facility Supervisor P.T. ERC Facility Supervisor P.T. Youth Soccer Official 114 $15.50 $18.00 $18.00 $18.00 $18.00 P.T. Instructor Preschool 115 $13.00 $13.75 $14.75 $15.75 $16.75 P.T. Instructor - Preschool (I) P.T. Instructor 117 $15.00 $15.75 $16.75 $17.75 $18.75 P.T. Naturalist P.T. Preschool Coordinator (I) P.T. Head Swim Coach P.T. Instructor - Water Aerobics 118 $15.00 $18.75 $22.50 $26.25 $30.00 P.T. Banquet Rental Coordinator 119 $16.00 $16.75 $17.75 $18.75 $19.75 P.T. Banquet Rental Coordinator (l) P.T. BASE Coordinator (I) P.T. Attendant - Clubhouse 120 $10.00 $11.00 $12.00 $13.00 $14.00 P.T. Cart/Bag/Range Attendants 121 $10.00 $11.00 $12.00 $13.00 $14.00 P.T. Starter/Ranger - Golf 122 $10.00 $11.00 $12.00 $13.00 $14.00 P.T. Sales & Event Coordinator 123 $17.50 $18.00 $18.50 $19.00 $19.50 P.T. Business Coordinator P.T. Asst. Golf Professional (l) P.T. Outside Service Captain 124 $12.00 $13.00 $14.00 $15.00 $16.00 Section 2. With the exception of the positions of P.T. Program Leaders to assist with before and after school programs held in School District 301 schools, P.T. Program Leaders for The Centre after school program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC for weekend and evening supervision, employees hired prior to September 30, 2011, in a permanent (non-seasonal) part-time position averaging 20 or more hours per week shall also be eligible for the following benefit program: 1. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee). 2. Sick leave, Medical Insurance, or Opt Out (HRA) - Eligible part-time employees may choose between the annual accrual of three (3) four hour sick days or participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part-time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participate in the City’s Opt-Out plan (HRA-Health Reimbursement Account) – annual reimbursement of $1000. VOLUME LXXXIV DECEMBER 18, 2019 583 3. Holidays – Ten (10) holidays, consisting of New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday). Employees in the positions of P.T. Program Leaders to assist with before and after school programs held in School District 301 schools, P.T. Program Leaders for The Centre after school program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC for weekend and evening supervision and all employees hired on or after September 30, 2011, shall not be eligible for or receive any of the benefits set forth in this Section 2. Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2020, upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 0 Abstained: 1 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G70-19 PASSED AMENDING ORDINANCE NO. G78-18 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN Councilmember Martinez made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 18, 2019 VOLUME LXXXIV 584 Ordinance No. G70-19 AN ORDINANCE AMENDING ORDINANCE NO. G78-18 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G78-18 be and is hereby amended in its entirety to read as follows: Section 1. That effective January 1, 2020 there is hereby established the following positions and schedule of standard hourly pay ranges for part time and seasonal employees as follows: Pay Single Rate Positions Grade P.T. EMERGENCY DISPATCH COORD (I) 905 $30.7612 P.T. ENGINEERING INTERN 926 $10.3810 P.T. CRIME PREVENTION SPECLST (I) 967 $24.4934 P.T. FIRE CODE INSPECTOR 969 $25.0000 P.T. POLICE AUXILIARY 971 $17.5985 P.T. PUBLIC SAFETY TELECOMMUNICATOR (I) 972 $27.2870 P.T. HEMMENS TECHNICIAN 975 $22.0000 P.T. CROSSING GUARD 977 $13.2075 P.T. CODE COMPLIANCE ADMIN ASST (I) 978 $12.7866 P.T. PARKING CONTROL OFFICER 979 $12.6858 P.T. PATRON RELATIONS SUPERVISOR (I) 988 $23.4988 P.T. SOCIAL SERVICES CASE MGR (I) 996 $27.0057 VOLUME LXXXIV DECEMBER 18, 2019 585 P.T. INTERN 999 RANGE 10.00 TO 15.00 Pay Step Step Step Step Step Year Round Positions Grade 1 2 3 4 5 P.T. LAB WORKER (I) 901 $13.6486 $14.2798 $15.0370 $15.7942 $16.2631 P.T. SECRETARY 902 $13.0254 $13.6811 $14.4522 $15.2242 $15.5500 P.T. CLERK TYPIST (I) 903 $12.3325 $12.8554 $13.5224 $14.1718 $14.6041 P.T. RECEPTIONIST P.T. CLERK 904 $10.5828 $11.0872 $11.6762 $12.2653 $12.6352 P.T. JANITOR 907 $10.1790 $10.8015 $11.4071 $12.0296 $12.3828 P.T. HEAD USHER 908 $9.9602 $10.4988 $10.9865 $11.4911 $11.8276 P.T. HEMMENS STAGE HAND 913 $17.0000 $17.8500 $18.7000 $19.4500 $20.0000 P.T. HEMMENS STAGE HAND (I) 914 $19.0000 $19.8500 $20.7000 $21.5500 $22.0000 P.T. BOX OFFICE CLERK 916 $12.1891 $13.0546 $13.3252 $14.0318 $14.7384 P.T. CUSTOMER SERVICE CLERK (I) P.T. PAYROLL CLERK 973 $18.2379 $18.9674 $19.7261 $20.5152 $21.3358 P.T. SPEC PROJECT INTERN 976 $15.0000 $16.000 $17.000 Pay Step Step Step Step Step Seasonal & Summer Positions Grade 1 2 3 4 5 P.T. FORESTRY SEASONAL LABORER 920 $11.7268 $12.3493 $12.9043 $13.4430 $14.1152 P.T. FORESTRY SEASONAL LABORER (I) P.T. LABORER P.T. SEAS. LABORER P.T. SEASONAL LABORER-GOLF DECEMBER 18, 2019 VOLUME LXXXIV 586 P.T. LABORER PARKS MAINTENANCE (I) 921 $12.5669 $13.2340 $13.8288 $14.4060 $14.9822 P.T. LABORER (25 HOURS/WEEK)(I) P.T. GREENS WORKER (I) Section 2. That with the exception of the positions listed below there is hereby established the following benefit program for permanent (non-seasonal) part-time employees averaging 20 or more hours per week: 3. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee). 2. Sick leave, Medical Insurance or Opt Out (HRA) - Eligible part-time employees may choose among the annual accrual of three (3) four hour sick days , participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part-time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participation in the City’s Opt-Out plan (HRA-Health Reimbursement Account) – annual reimbursement of $1000. Notwithstanding the foregoing, or anything else to the contrary in this ordinance, employees hired on or after January 1, 2018, shall not be eligible to participate in the so-called PPO or HCA group medical insurance plans, and such employees shall be limited to participating in the Health Maintenance Organization (HMO) or the High Deductible Health Plan (HDHP)/Health Savings Account (HSA) Plan. Notwithstanding the foregoing and notwithstanding anything to the contrary in Ordinance No. G70-02, as amended, employees and positions provided in this ordinance shall not be eligible for a retiree insurance premium subsidy and shall not be eligible to continue to participate in the City's group health insurance plan pursuant to Ordinance No. G70-02, as amended. Holidays – Ten (10) holidays, consisting of New Years Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday). Employees in the position of P.T. Secretary and P.T. Customer Service Clerk (I) shall not be eligible for or receive any of the benefits set forth in this Section 2. Section 3. The City Manager, in the City Manager's discretion, may withhold proposed step increases or cost of living salary increases for a specific employee based upon such employee's substandard performance. Section 4. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. VOLUME LXXXIV DECEMBER 18, 2019 587 Section 5. That this ordinance shall be in full force and effect from and after January 1, 2020, upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G71-19 PASSED AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "COMMISSION ON HUMAN RELATIONS" Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Gavin. Ordinance No. G71-19 AN ORDINANCE AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “COMMISSION ON HUMAN RELATIONS” WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution and as a home rule unit may exercise any power perform any function pertaining to its government affairs; and WHEREAS, in support of constitutional provisions against prejudice and the practice of discrimination against any individual group based upon race, color, religion, sex, natural origin and other protected classifications, the City Council of the City has determined that it is necessary and desirable to amend the city’s ordinance regarding a Human Relations Commission; and WHEREAS, the adoption of an amended ordinance regarding a city Human Relations Commission to promote fairness, equity, unity, appreciation and mutual understanding in the City of Elgin and preserve and enhance the City of Elgin as a diverse and welcoming place to live, work and visit pertains to the government affairs of the City of Elgin. DECEMBER 18, 2019 VOLUME LXXXIV 588 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 3.12 of the Elgin Municipal Code, 1976, as amended, entitled “Commission on Human Relations” be and is hereby amended in its entirety to read as follows: “CHAPTER 3.12 HUMAN RELATIONS COMMISSION 3.12.010: ESTABLISHED: There is hereby established a Human Relations Commission for the city pursuant to the city's home rule authority. The Human Relations Commission hereby established shall be separate and distinct and supersede the commission on human relations authorized by statute. In the case of any conflict with any provision of this chapter with any provision of the statutory provisions for a commission on human relations, the provisions of this chapter shall control. 3.12.020: DECLARATION OF POLICY: A. The city council, in support of constitutional provisions against prejudice and the practice of discrimination against any individual or group because of his or her race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, gender identity, or unfavorable discharge from military service desires to establish a human relations commission. To eliminate such prejudice and discrimination and foster an environment in the city that embraces diversity among its citizens, workers and guests, an instrumentality should be established through which the citizens of Elgin may be kept informed of developments in human relations, the citizens and public officials of the city may obtain expert advice and assistance in progressive practices to keep peace and good order, and private persons and groups may be officially encouraged to promote tolerance, goodwill, interfaith and interracial harmony between all people. B. The purpose of the Human Relations Commission is to promote fairness, equity, unity, appreciation, and mutual understanding in the City of Elgin and preserve and enhance Elgin as a diverse and welcoming place to live, work, and visit. The mission of the Human Relations Commission is to foster fairness, equity, unity, appreciation, and mutual understanding across all people and entities in Elgin. The Human Relations Commission will work with community partners and businesses to promote equity and inclusion in the City of Elgin and provide guidance, education, and assistance to the community to build capacity in achieving equitable outcomes and services. 3.12.030: APPOINTMENT OF MEMBERS; COMPOSITION; TERM; SALARY: VOLUME LXXXIV DECEMBER 18, 2019 589 A. The human relations commission shall consist of seven (7) members appointed by the city council. Commission members shall be as broadly representative of the community as practically feasible, in such areas as race, color, religion, sex, national origin, age, ancestry, familial status, marital status, physical or mental disability, sexual orientation, gender identity, military status, unfavorable discharge from military service, education, welfare, labor, and management. There shall also be two (2) ex officio nonvoting members of the human relations commission who shall be the city manager and the chief of police of the city and one (1) ex officio voting member of the human relations commission who shall be a member of the city council to be appointed by the city council. B. Each member as appointed shall serve for a term of three (3) years; except that the terms of initial appointees under this section shall be staggered in such a manner so that the terms of four (4) members shall expire on the first Tuesday of May on each of three (3) successive years. All members of the commission shall continue in such capacity until their successor has been duly appointed and is acting. Any member appointed to fill a vacancy prior to the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. All members of this commission shall serve without compensation. 3.12.040: CHAIRPERSON; RULES; QUORUM; VOTING; STAFF: A. The commission shall elect a chairperson from the commission members for a term of one year but not more than two (2) consecutive years, the election being held in May. The commission shall adopt rules and regulations governing its proceedings and the exercise of the powers and duties given to it in this chapter provided such rules and regulations shall not be in conflict with any provisions of this title and upon approval by the city council. A majority of the members of the commission shall constitute a quorum. Official action may be taken by the commission only pursuant to the vote of a majority of the quorum. B. The office of the city manager shall provide the commission with a staff representative to provide professional guidance to the commission. The duties of the staff representative assigned to the commission shall be: 1. Assist the Human Relations Commission with development and coordination of community sponsored programs to improve human relations within the community. 2. Apprise the Human Relations Commission of issues within the community concerning diversity, inclusion, equity and empowerment. DECEMBER 18, 2019 VOLUME LXXXIV 590 3.12.050: POWERS AND DUTIES: A. The commission’s goals shall be to: 1. Assist in developing a culture of welcoming and respect within the City; mutual respect among existing groups and newer communities coming into Elgin. 2. Increase cultural competency among residents; facilitate understanding between and among demographic, racial, ethnic and other groups within Elgin who are not connected but have a desire to learn from one another. 3. Engage in public dialogue with the entire community; address important/emergent local and national events. 4. Address discrimination: provide a focus for community members to take action to address/end discrimination. 5. Facilitate civic participation by all community members; increased participation by underrepresented groups in boards and commissions and other opportunities for civic engagement offered by the city. B. The commission shall accomplish the above goals with methods including but not limited to the following: 1. The commission shall advise and consult with the mayor, city council, city manager, human resources director, and other city boards, commissions and officials, on all matters within the community involving prejudice, bigotry, disenfranchisement or discrimination and recommend such corrective or legislative action as it may deem appropriate to effectuate the policy of this chapter. The commission shall render an annual written report to the mayor, city council and city manager. 2. The commission may invite and enlist the cooperation of racial, religious and ethnic groups, community organizations, fraternal and benevolent societies, veterans’ organizations, professional and technical organizations and other groups in the city in carrying on its work. 3. The commission may make recommendations to the mayor, city council and city manager as in its judgment will effectuate the policy of this chapter and, subject to the approval of the city council, may issue such publications and such special reports concerning its work as it may consider desirable in the public interest. 4. The commission may initiate or conduct any educational or informational programs which it believes will further the purposes for which it was established consistent with budget allocations to the commission approved by the city council.” VOLUME LXXXIV DECEMBER 18, 2019 591 5. The commission may provide recommendations to the city council for implementing the city’s diversity and inclusion plan. 3.12.060: DEFINITIONS: DISCRIMINATE: To make a difference in treatment or favor any person because of his or her race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, gender identity or unfavorable discharge from military service. DIVERSITY: The ways in which people differ. Most often in reference to race, ethnicity, and gender but also includes age, national origin, religion, disability, sexual orientation, socio-economic status, education, marital status, language, and physical appearance. EMPOWERMENT: Environments in which all residents feel welcome, respected, and valued. An inclusive and welcoming climate embraces differences. EQUITY: Ensuring that all people can achieve the same outcomes regardless of race/ethnicity, sex, physical or mental disability, sexual orientation, gender identity, age, immigrant status, veteran status, language and/or socio-economic status." Section 2. That Chapter 5.02 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions” be and is hereby further amended by adding a new Section 5.02.040 thereto to read as follows: "5.02.040: AFFIRMATIVE ACTION; CITY CONTRACTS: A. The city shall not contract with any contractor or vendor, maintain any financial relation with any financial institution, or use the service of any labor organization or member thereof, which employs five (5) or more persons which does not first submit to the city a written commitment to provide equal employment opportunity. However when a contractor, vendor, financial institution, labor organization or member thereof is the sole source of the particular work product or service desired and such is essential for the efficient governmental operations of the city, such written commitment shall not be required. The written commitment required by this section shall: 1. Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal opportunity; 2. Set out specific goals for participation by minority groups and female persons qualified by or for training or through previous work experience. This provision will not infringe upon the right of the employer to determine the need for or qualifications of employees; 3. Agree to submit to the city upon request written evidence of the effectiveness of the above required practices, policies and goals; DECEMBER 18, 2019 VOLUME LXXXIV 592 4. Agree to submit to the city upon request statistical data concerning employee composition or membership composition on race, color, sex and job description; 5. Agree to distribute copies of the above commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants or members; 6. Agree to require any subcontractor to submit to the city a written commitment which contains the provisions required by subsections A1 through A5 of this section. 7. The written commitment required by this section may also be satisfied by filing a copy of an affirmative action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve such programs. B. All such contracts by and between the city and contractors and vendors for the purchase of the city of goods and/or services shall contain the following clauses: The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The contractor/vendor will take affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the City of Elgin a written commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective subcontractors. C. Any contractor, vendor, financial institution or labor organization contracting with the city will be required to submit to the city, upon written request by the city, compliance reports containing such information as to the practices, policies, programs and statistics of employee or membership composition on race, color, sex, age and job description, as may be prescribed by the city and will require any subcontractor to submit a compliance report upon written request by the city. The required compliance report shall be substantially in the form which is on file in the purchasing office. D. Before a contract is let to a contractor or financial institution by the city, or before purchases are made from a vendor, the purchasing agent or city clerk must have on file a written statement from the contractor, vendor, or financial institution that it has a present or proposed program which is approved as an acceptable equal employment opportunity or affirmative action plan for the utilization of minorities in their work force. Neither this section, nor any other section of this title, shall be construed to prevent the city manager or department heads from authorizing or doing business with contractors or vendors for emergency services or supplies. VOLUME LXXXIV DECEMBER 18, 2019 593 E. In the event that any contractor, vendor, financial institution or labor organization contracting with the city fails to comply with the fair employment and affirmative action provisions of this section, the city, in its discretion, may: 1. Cancel, terminate or suspend the contract in whole or in part; 2. Declare the contractor, vendor, financial institution or labor organization ineligible for further contracts for a calendar year; 3. Recover from the contractor or vendor by setoff against the unpaid portion of the contract price, or otherwise pursuant to this contract, the sum of fifty dollars ($50.00) per day, as liquidated damages and not as a penalty, for each day that the contractor or vendor shall fail to comply with these provisions of the contract, as determined by the city council after recommendation by the city manager, the said sum being fixed and agreed upon by and between the contractor and the city because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the city would sustain in the event of such a breach of contract, and said amount is agreed to be the amount of damages which the city would sustain; 4. Impose such other sanctions as may be recommended by the city manager or his designee pursuant to this section or other ordinances." Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 18, 2019 VOLUME LXXXIV 594 RESOLUTION 19-176 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-176 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Corey Dixon is hereby appointed as the city council ex officio member of the Human Relations Commission, for a term that will expire on May 1, 2021. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-177 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT AND ABROGATION (PONDS OF STONY CREEK UNIT 1) Councilmember Dixon made a motion, seconded by Councilmember Martinez, 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 Lopez abstained. VOLUME LXXXIV DECEMBER 18, 2019 595 Resolution No. 19-177 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT AND ABROGATION (Ponds of Stony Creek Unit 1) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of easement grant and abrogation prepared by Cemcon, Ltd., and dated May 3, 2019, last revised November 7, 2019 for the property legally described and depicted on such plat of easement grant and abrogation attached hereto as Exhibit A. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement grant and abrogation for various public improvements, facilities and appurtenances from CalAtlantic Group Inc. regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement grant and abrogation to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-178 ADOPTED AUTHORIZING EXECUTION OF A LETTER WITH COMCAST DATED SEPTEMBER 12, 2019 REGARDING THE RESOLUTION OF A FRANCHISE FEE AUDIT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 18, 2019 VOLUME LXXXIV 596 Resolution No. 19-178 RESOLUTION AUTHORIZING EXECUTION OF A LETTER WITH COMCAST DATED SEPTEMBER 12, 2019 REGARDING THE RESOLUTION OF A FRANCHISE FEE AUDIT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a letter with Comcast dated September 12, 2019 on behalf of the City of Elgin regarding the resolution of a franchise fee audit, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G62-19 and adopt Resolution Nos. 19-168 through 19-172 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Lopez abstained. RESOLUTION 19-168 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2A FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM CALATLANTIC GROUP INC. Councilmember Powell made a motion, seconded by Councilmember Martinez, 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 Lopez abstained. VOLUME LXXXIV DECEMBER 18, 2019 597 Resolution No. 19-168 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2A FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM CALATLANTIC GROUP INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain Plat of Easement Granting a Temporary City Easement prepared by Cemcon, Ltd., and dated October 9, 2019, last revised October 30, 2019 for the property legally described and depicted on such plat of easement grant and abrogation attached hereto as Exhibit A. BE IT FURTHER RESOLVED, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Granting a Temporary City Easement on Ponds of Stony Creek Unit 2A for stormwater management and infrastructure purposes from CalAtlantic Group Inc. regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement Granting a Temporary City Easement on Ponds of Stony Creek Unit 2A to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 18, 2019 VOLUME LXXXIV 598 RESOLUTION 19-169 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2B FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM CALATLANTIC GROUP INC. Councilmember Powell made a motion, seconded by Councilmember Martinez, 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 Lopez abstained. Resolution No. 19-169 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2B FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM CALATLANTIC GROUP INC. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain Plat of Easement Granting a Temporary City Easement prepared by Cemcon, Ltd., and dated October 9, 2019, last revised October 30, 2019 for the property legally described and depicted on such plat of easement grant and abrogation attached hereto as Exhibit A. BE IT FURTHER RESOLVED, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Granting a Temporary City Easement on Ponds of Stony Creek Unit 2B for stormwater management and infrastructure purposes from CalAtlantic Group Inc. regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement Granting a Temporary City Easement on Ponds of Stony Creek Unit 2B to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV DECEMBER 18, 2019 599 RESOLUTION 19-170 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. Councilmember Powell made a motion, seconded by Councilmember Martinez, 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 Lopez abstained. Resolution No. 19-170 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. WHEREAS, DSM Desotech, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM Desotech, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 18, 2019 VOLUME LXXXIV 600 RESOLUTION 19-171 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS, INC. Councilmember Powell made a motion, seconded by Councilmember Martinez, 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 Lopez abstained. Resolution No. 19-171 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS, INC. WHEREAS, Illinois Tool Works, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with Illinois Tool Works, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV DECEMBER 18, 2019 601 RESOLUTION 19-172 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES, INC. Councilmember Powell made a motion, seconded by Councilmember Martinez, 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 Lopez abstained. Resolution No. 19-172 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES, INC. WHEREAS, St. Charles Street Properties, Inc., an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 18, 2019 VOLUME LXXXIV 602 ORDINANCE G62-19 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" REGARDING DRIVE-THROUGH FACILITY GRAPHICS Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Lopez abstained. Ordinance No. G62-19 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" REGARDING DRIVE-THROUGH FACILITY GRAPHICS WHEREAS, a written application has been made to amend Chapter 19.50.090 of the Elgin Zoning Ordinance entitled "Special Street Graphics"; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on November 4, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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, regulations in the city's zoning ordinance relating to drive-through facility graphics, pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXXIV DECEMBER 18, 2019 603 Section 1. That Section 19.50.090.D. of the Elgin Municipal Code, 1976, as amended, entitled "Drive-Through Facility Graphic" be and is hereby further amended as follows: “D. Drive-Through Facility Graphic: A drive-through facility graphic shall be permitted only in the NB Neighborhood Business District, AB Area Business District, CC2 Center City District, and CI Commercial Industrial District Zoning Districts, as well as the like planned development districts, and in conjunction with a drive-through facility. A drive-through facility graphic shall be either a monument graphic or a wall graphic. 1. Size: No drive-through facility graphic shall exceed sixty (60) square feet in surface area or eleven (11) linear feet in height. The surface area of drive-through facility graphics shall not limit the surface area of other allowable signage on a zoning lot. 2. Number: The maximum number of drive-through facility graphics shall be two (2) such graphics per drive-through lane, with a maximum of four (4) such graphics per business. The number of drive-through facility graphics shall not limit the number of other allowable signage on a zoning lot. 3. Base Material: A new monument-style drive-through facility graphic associated with a newly constructed “principal use” [SR] shall have a masonry base. Where a new monument-style drive-through facility graphic is added at an existing “principal use” [SR], or where an existing drive- through facility graphic is replaced at an existing “principal use” [SR], the new or replacement monument-style drive-through graphic may include as its base a fabricated metal box of a color, style, and material consistent with the graphic; the exception for the fabricated metal box is where a masonry base already exists, in which case a masonry base shall be provided. 4. Electronic Changeable Copy: A drive-through facility graphic may include an electronic changeable copy graphic. The electronic display panel shall be operated in compliance with the standards of subsection I.5. a. through f. of this section 19.50.090, except the rate of change may be more frequent so that said panel is responsive to employee-customer interactions. 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. DECEMBER 18, 2019 VOLUME LXXXIV 604 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: December 18, 2019 Passed: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Recorded: December 18, 2019 Published: December 19, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Dixon, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Heritage Commission, Design Review, October 22 and November 12, 2019 Liquor Control Commission, October 9, 2019 Fire Pension Board, Various Dates Sustainability Commission, November 21, 2019 Committee of the Whole, November 13, 2019 Committee of the Whole, November 20, 2019 City Council Minutes, November 20, 2019 Electricity Tax Revenue Hotel/Motel Tax Revenue Natural Gas Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXXIV DECEMBER 18, 2019 605 ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:01 p.m. s/ Kimberly Dewis January 8, 2020 Kimberly Dewis, City Clerk Date Approved