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HomeMy WebLinkAboutl - June 26, 2019 CC256 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