Loading...
HomeMy WebLinkAbouth - April 24, 2019 CC145 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