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HomeMy WebLinkAbouti - May 8, 2019 CC169 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