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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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“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
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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.
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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