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VOLUME LXXXIV JULY 10, 2019 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on July 10, 2019, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:35 p.m. The
Invocation was given by Rabbi Margaret Frisch Klein from the Congregation Kneseth Israel and
the Pledge of Allegiance was led by Deputy Police Chief Colin Fleury.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE JUNE 26, 2019, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Lopez made a motion, seconded by Councilmember Steffen, to approve the June 26, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
COMMUNICATIONS
Parks and Recreation Month Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including Elgin; and
WHEREAS, our parks and recreation programs are vitally important in building an
active community, establishing and maintaining the quality of life in our city, ensuring the health
of all citizens and contributing to the economic and environmental well-being of a community and region; and
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WHEREAS, our 75 parks and natural recreation areas improve water quality, protect
groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and recreate
outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and
Recreation Month.
NOW THEREFORE, I, David Kaptain, Mayor of the city of Elgin, Illinois do hereby declare the month of July as Parks and Recreation Month in the city of Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th Day of July, 2019.
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Joe and Armida Dominguez invited the public to attend the New Life Church Hopefest being held on Saturday July 27, 2019 from 10:00 am until 2:00 p.m.
Marcus Banner stated the reasons that Lieutenant Jensen’s employment with the city should be
terminated.
Gena McNamara presented the city council with a petition that called for the termination of Lieutenant Jensen’s employment with the city.
Vivienne Bailey stated the reasons that Lieutenant Jensen’s employment with the city should be
terminated. Jose Bosque stated the reasons that Lieutenant Jensen’s employment with the city should be
terminated.
Demitrius Smith stated the reasons that Lieutenant Jensen’s employment with the city should be terminated.
Tim Solarz stated the reasons that Lieutenant Jensen’s employment with the city should be
terminated.
Emmetia Sneed stated the reasons that Lieutenant Jensen’s employment with the city should be terminated.
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Ina Dews thanked the city council for their continued efforts in diversity and inclusion.
BID 19-038 AWARDED TO SCHROEDER ASPHALT SERVICES, INC. FOR RESIDENTIAL RESURFACING CONSTRUCTION AWARD
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award the 2019 Residential Resurfacing Gifford Park – Southeast Area Neighborhoods construction bid to Schroeder Asphalt Services, Inc. in the amount of $986,157 for the completion of milling and
resurfacing of approximately 1.6 miles of residential streets within the Gifford Park/Southeast
area of the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 19-041 AWARDED TO ALLIANCE CONTRACTORS, INC. FOR BRIDGE
REHABILITATION CONSTRUCTION AWARD
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award the 2019 Bridge Rehabilitation construction bid to Alliance Contractors, Inc. in the amount of $415,249
for completion of bridge maintenance and repair items on various City-owned structures in
accordance with repair recommendations from the City’s annual bridge inspection program.
Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 19-042 AWARDED TO ARROW ROAD CONSTRUCTION COMPANY FOR
COLLECTOR STREET RESURFACING PROGRAM
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award the 2019
Collector Street Resurfacing Program bid to Arrow Road Construction Company in the amount
of $1,586,734 for the completion of milling and resurfacing of approximately 0.7 miles and the
rehabilitation of 0.6 miles of collector streets within the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
NASPO PURCHASING COOPERATIVE AGREEMENT APPROVED WITH MAILFINANCE FOR THE LEASE OF A MAIL MACHINE AND ENVELOPE INSERTER
Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve a
contract with MailFinance in the amount of $38,920 over four years for the lease of a mail machine and envelope inserter in order to provide efficient operations within the City’s Central Services Department. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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ORDINANCE G23-19 PASSED AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED “ZONING” REGARDING THE TEMPORARY PARKING OF RECREATIONAL VEHICLES
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance
G23-19. Upon a roll call vote: Yeas: Councilmembers Dixon and Rauschenberger. Nays:
Gavin, Lopez, Martinez, Powell, Shaw, Steffen, and Mayor Kaptain. Motion failed to pass.
ORDINANCE G30-19 REMOVED FROM THE CONSENT AGENDA
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to remove Ordinance G30-19 from the Consent Agenda. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Rosalie Fallico, owner of Big Sammy’s, stated the reasons she applied for a liquor license and
was seeking to have video gaming at her establishment.
ORDINANCE G30-19 PASSED RELATING TO VIDEO GAMING LICENSING
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G30-19
AN ORDINANCE
RELATING TO VIDEO GAMING LICENSING
WHEREAS, the Illinois Video Gaming Act (230 ILCS 40/1, et seq) was enacted on July
13, 2009, and legalized the use of video gaming terminals in certain liquor license establishments and license truck stop establishments within the state; and
WHEREAS, pursuant to Ordinance G17-13, adopted by the City Council on March 13,
2013, the City Council of the City of Elgin determined that it was appropriate to allow video
gaming within the City of Elgin pursuant to the Illinois Video Gaming Act; and
WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to
adopt video gaming license requirements for establishments operating any video gaming terminal
pursuant to the Illinois Video Gaming Act and for distributors of video gaming terminals; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government affairs; and
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WHEREAS, the power to license as provided in this ordinance pertains to the government
and affairs of the city and is an appropriate exercise of municipal authority pursuant to the Illinois Video Gaming Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That a new Chapter 6.08 of the Elgin Municipal Code, 1976, as amended,
be and is hereby created and added to the Elgin Municipal Code entitled “Video Gaming” to read
as follows:
CHAPTER 6.08 VIDEO GAMING
6.08.010: DEFINITIONS:
Words or phrases as used in this chapter shall be defined as provided in Section 5 of the Illinois Video Gaming Act (230 ILCS 40/5), as amended, except as otherwise provided
herein.
PERSON: Natural person, joint venture, joint stock company, partnership, association,
club, company, corporation, business, limited liability company, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them.
6.08.020: VIDEO GAMING REGULATIONS ADOPTED:
Regulations of the Illinois Video Gaming Act 230 ILCS 40/1 et seq, as amended, and Title 11 of the Illinois Administrative Code, Subtitle D, Video Gaming, Chapter I, Illinois
Gaming Board, Art. 1800, Video Gaming (General) (11 Ill Adm Code 1800.110 et seq, as
amended) be and are hereby adopted and incorporated by reference herein. Such laws and
regulations relating to video gaming, as amended, are referred to in this chapter collectively
as video gaming regulations.
6.08.030: LICENSE REQUIRED FOR DISTRIBUTORS OF VIDEO GAMING
TERMINALS:
A. No distributor or any person shall distribute, sell, lease out, establish or supply any video gaming terminal in the city without first obtaining a distributor’s license from
the Local Liquor Control Commission of the city pursuant to this chapter.
B. Each distributor licensed under this chapter shall maintain a current list of all
premises in the city in which the distributor owns, has sold, leased out, supplied or delivered any video gaming terminal. Such list shall be available for inspection by
the city clerk or his or her designee, on demand, during normal business hours.
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C. No distributor or any other person shall own, sell, lease out, supply or deliver any
video gaming terminal to any premises within the city unless the owner or lessee of the premises shall also have applied for and obtained a current valid city license for the video gaming terminal.
D. Every distributor that is licensed to distribute, sell, lease out, establish or supply
any video gaming terminal in the city pursuant to this chapter shall pay a yearly license fee to the city in the amount of $1,500 for each video gaming terminal distributed, sold, leased out, established or supplied in the city.
E. Failure or neglect to pay the requisite fees in a timely manner shall be cause for
denial of issuance or non-renewal or revocation as the case may be. F. All distributor’s licenses shall expire on April 30, next after the date of issue.
G. It shall be a prerequisite to any distributor’s license from the city that the person
distributing video gaming terminals have a valid license from the State of Illinois as a distributor of video gaming terminals. A loss or suspension of any such license by the State of Illinois shall automatically result in the same status for the license
issued hereunder, without refund of any license fee.
6.08.040: LICENSE REQUIRED FOR ESTABLISHMENTS WITH VIDEO GAMING TERMINALS:
A. No establishment or any person shall keep or display for operating or patronage by
the public within the city any video gaming terminal without having first obtained
a license therefor from the Local Liquor Control Commission of the city pursuant to this chapter.
B. Every establishment that is licensed to keep or display any video gaming terminal
in the city pursuant to this chapter shall pay a yearly license fee to the city in the
amount of $25 for each video gaming terminal in the city. C. Failure and neglect to pay the requisite fees in a timely manner shall be cause for
denial of issuance or non-renewal or revocation as the case may be.
D. All licenses shall expire on April 30, next after the date of issue. E. It shall be a prerequisite to any license from the city that the person keeping or
displaying video gaming terminals shall have a valid license from the State of
Illinois for each such video gaming terminal. A loss or suspension of any such
license by the State of Illinois shall automatically result in the same status for the license issued hereunder, without refund of any license fee.
F. A license for a video gaming terminal issued by the city shall be framed and hung
in plain view in a conspicuous place on the licensed premises.
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6.08.050: APPLICATIONS:
A. Applications for license pursuant to this chapter shall be directed to and filed with
the Local Liquor Control Commission of the city. In addition to the licensing fees
imposed applicants for a distributor's license should also pay a non-refundable $200
application fee at the time of filing of an initial application to cover the cost of processing the application. Prior to the issuance of any license applicants shall also
pay to the city clerk the full amount of the annual license fee required to be paid for
the kind of license applied for.
B. All applications shall be on forms approved by the local liquor control commission and provided by the city. If the applicant is a partnership, all partners shall sign the
application. If the applicant is a corporation or club, the president and secretary of
the applicant business entity shall sign the application. If the applicant is a limited
liability company, the managers of the limited liability company shall sign the
application. If the members of the limited liability company do not elect managers, the application shall be signed by the members with interest representing the
majority of the book value of the membership interest unless the articles of
organization or operating agreement otherwise provide the manner in which
members or managers may bind a limited liability company. Each application shall
contain at the least the following information and statements:
1. The applicant’s name, birthdate, social security number, driver’s license
number, address, position and percentage of ownership in the business; and
the name, birthdate, social security number, driver’s license number,
address, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager of a limited liability
company, manager and any person or member of the limited liability
company who owns 5% or more of the shares of the applicant business
entity or parent corporations of the applicant business entry. The articles of
incorporation for any corporation shall be attached to the application.
2. The type of license applied for, whether distributors license or video gaming
terminal license.
3. Description of the principal business and any ancillary business to be operated on the premises.
4. For a distributor’s license a list of all premises in the city and number of
video gaming terminals at each premises the distributor owns, has sold,
leased out, supplied or delivered for which a distributor’s license is being sought.
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5. For licenses for video game terminals the name and address of the
distributor and the terminator operator for each of the video gaming terminals for which permission is sought under the license.
6. For an initial license for video gaming terminals at a premises a set of floor
plans showing the design and layout of the premises including, but not
limited to, seating, dining rooms, bars, game and waiting areas, proposed video gaming areas, and the position of equipment and fixtures therein. The layout of any video gaming terminal licensed premises may not be
substantially changed without submission of a new set of plans and approval
by the Local Liquor Control Commission.
7. The number of video gaming terminals for which permission is sought under the license.
8. A copy of the license from the State of Illinois for the distributor or for each
video gaming terminal for which an application to the city is being made along with a copy of the application for such license submitted to the State of Illinois.
9. Such other information required by the Local Liquor Commission to
determine compliance with the requirements of this chapter. 6.08.060: CONDITIONS OF LICENSE:
A. In addition to any other conditions or regulations contained in this chapter, each
and every video gaming terminal shall be licensed by the State of Illinois and the license of each and every video gaming terminal shall be maintained at the licensed premises where the video gaming terminal is operated.
B. Video gaming terminals shall be placed and every video gaming terminal licensee
shall be responsible to ensure that video gaming terminals are placed and operated in strict compliance with video gaming regulations, the requirements of this chapter, and any other applicable requirements of law.
C. In addition to any other conditions or regulations contained in this chapter or in the
statutes of the State of Illinois, no video gaming terminal shall be located in any establishment that does not have a valid and current Class A, AA, C, E, E1, E2 or E3 liquor license from the city. Notwithstanding the foregoing, any establishment
which as of the effective date of this ordinance had a valid and current liquor license
from the city other than a Class A, AA, C, E, E1, E2 or E3, and which was lawfully
operating video gaming terminals licensed by the State of Illinois, shall be eligible to be issued a video gaming terminal license by the city so long as such a licensee is in compliance with all other applicable requirements and so long as the video
gaming terminal license is issued to the current holder of the liquor license issued
by the city as of the effective date of this ordinance. Any sale, transfer or
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assignment of more than 50% of the ownership of a business or partnership holding
the liquor licensed issued by the city shall terminate such grandfathered right to receive a video gaming terminal license from the city. In the event that such a
liquor license is held in the name of a corporation, the sale, transfer or assignment
of 50% of the stock shall terminate such grandfathered right to receive a video
gaming terminal license from the city.
D. No video gaming terminal may be used, operated or played at a liquor licensed
establishment where alcoholic liquor is sold except during the legal hours of
operation allowed for the sale or consumption of alcoholic liquor on the premises
pursuant to the provisions of Chapter 6.06 of this Code.
E. No video gaming license shall be issued, and no video gaming terminals may be
used or operated on a premises except as an accessory use to a principal use on such
a premises as such terms are defined in Title 19 of this Code, as amended.
6.08.070: LICENSES NOT TRANSFERRABLE
A. No license issued pursuant to this chapter may be transferred to any other person or
entity or to any other premises.
B. Any changes in partnerships, officers, directors, members or managers of a limited liability company or persons holding directly or beneficially more than 5% of the
stock or ownership interest in a partnership or limited liability company holding a
license under this chapter shall be reported in writing to the Local Liquor Control
Commission within ten (10) days of the change. All such persons shall meet the
standards of this chapter and must otherwise qualify to hold a license issued pursuant to this chapter. When a license has been issued to a partnership or limited
liability company and a change of ownership occurs resulting in a partnership
interest, or a membership interest in the case of a limited liability company, by one
who is not eligible hold their liquor license, said license shall terminate. When a
license has been issued to a corporation and a change takes place in the officers, directors, managers or shareholders of more than 5% of the stock, which changes
the results in the holding of officer or shares by one who is not eligible for a license,
said license shall terminate.
C. Any sale, transfer or assignment of more than 50% of the ownership of a business or partnership shall terminate licenses issued pursuant to this chapter. In the event
that the license is held in the name of a corporation, the sale, transfer of assignment
of 50% of the stock shall terminate licenses issued pursuant to this chapter.
6.08.080: REVOCATION; SUSPENSION; FINES
The Local Liquor Control Commission has the authority to suspend, revoke and/or fine a
licensee who is violating or has violated the provisions of this chapter pursuant to the same
rules and procedures set forth in regard to liquor licenses as provided in Chapter 6.06 of
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this Code, provided however, appeals from orders or actions of the Local Liquor Control
Commission with respect to video gaming licenses shall not be taken to the Illinois State Liquor Control Commission, and such appeals shall be made as otherwise provided by law. Actions for fines and injunctive relief may also be filed in the Circuit Court of Kane County
or pursuant to Chapter 1.25 of this Code providing for administrative adjudication of non-
vehicular code violations.
6.08.080: LIMITATIONS ON THE ISSUANCE OF VIDEO GAMING TERMINAL LICENSES:
The number of video gaming terminal licenses shall be limited to 148 video gaming
terminals.” Section 2. That Section 6.06.020 of the Elgin Municipal Code, 1976, as amended,
entitled “Liquor Control Commission Established; Composition:” be and is hereby further
amended by amending subparagraph A thereof to read as follows:
“A. For purposes of the administration of this chapter, there is established a Local Liquor Control Commission that shall be charged with the administration of the laws of the State
and the City pertaining to the sale of alcoholic liquor. The Local Liquor Control
Commission shall also be charged with the administration of Chapter 6.08 of this Code
relating to video gaming licensing and the administration of the laws of the state and the city pertaining to video gaming and the licensing thereof.”
Section 3. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019
Passed: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019 Published: July 12, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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CONSENT AGENDA
By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember
Gavin, to pass Ordinance Nos. G28-19 through G34-19 (except G30-19) and S3-19, as well as
adopt Resolution Nos. 19-104 through 19-108 by omnibus vote. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 19-104 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ECKER CENTER FOR MENTAL HEALTH, INC. FOR CRISIS COUNSELING SERVICES
Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-104
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECKER CENTER FOR MENTAL HEALTH, INC. FOR CRISIS COUNSELING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Agreement on behalf of the City of Elgin with Ecker Center for Mental Health, Inc. for crisis counseling services, a copy of which is attached hereto and made
a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019
Adopted: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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RESOLUTION 19-105 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH COLLINS ENGINEERS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE KIMBALL STREET DAM INSPECTION SERVICES
Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-105
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS
ENGINEERS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION
WITH THE KIMBALL STREET DAM INSPECTION SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Collins
Engineers, Inc. for professional services in connection with the Kimball Street Dam Inspection
Services, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JULY 10, 2019 VOLUME LXXXIV
292
RESOLUTION 19-106 ADOPTED AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF HOFFMAN ESTATES FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES
Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-106 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF HOFFMAN ESTATES FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Village of Hoffman Estates for automatic fire and emergency medical services, a copy of which is
attached hereto and made a part hereof by reference. s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-107 ADOPTED ESTABLISHING AN HONORARY STREET NAME
OF CPL. ALEX MARTINEZ AVENUE FOR THE 200 BLOCK OF SOUTH MELROSE
AVENUE
Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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Resolution No. 19-107
RESOLUTION ESTABLISHING AN HONORARY STREET NAME OF
CPL. ALEX MARTINEZ AVENUE FOR THE 200 BLOCK OF SOUTH MELROSE AVENUE
WHEREAS, a formal application to provide for the establishment of the honorary street name of CPL Alex Martinez Avenue for the 200 block of South Melrose Avenue was submitted to the City of Elgin with a letter of support from Councilman Corey Dixon; and
WHEREAS, Corporal (CPL) Alex Martinez was raised in his family home on Melrose
Avenue; and WHEREAS, CPL Alex Martinez joined the U.S. Marine Corps following graduation from
Larkin High School; and
WHEREAS, CPL Alex Martinez was assigned to the 1st Combat Engineer Battalion in Camp Pendleton California and he deployed twice to the Helmand Providence, Afghanistan; and
WHEREAS, during his first deployment CPL Alex Martinez was attached to the 3rd
Battalion 5th Marines in support of Operation Enduring Freedom 10-2 in Sangin, Afghanistan, and
during this deployment CPL Alex Martinez was awarded the Navy and Marine Corps Achievement Medal with a "V" for valor for his heroic actions; and
WHEREAS, CPL Alex Martinez was deployed for a second time to Helmand Providence,
Afghanistan, in early 2012, in direct support of 2nd Battalion 5th Marines; and
WHEREAS, CPL Alex Martinez was only a few months into this deployment when on
April 5, 2012, he was mortally wounded while clearing a passage so his fellow Marines could seize
a compound; and
WHEREAS, CPL Alex Martinez received the Purple Heart Medal for the wounds received on April 5, 2012, and for his exceptional professionalism, unrelenting perseverance and loyal
devotion to duty which reflected credit upon him and were in keeping with the highest traditions
of the Marine Corps and the United States Naval Service; and
WHEREAS, CPL Alex Martinez is someone the City of Elgin is extremely proud of to call an Elginite; and
WHEREAS, the Mayor and members of the City Council wish to extend the appreciation
and esteem of all Elgin citizens for CPL Alex Martinez's outstanding service to the country; and
WHEREAS, the Mayor and members of the City Council have determined that it is
appropriate to formally recognize CPL Alex Martinez.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that there is hereby established the honorary street name of CPL Alex Martinez Avenue at the 200 block of South Melrose Avenue.
BE IT FURTHER RESOLVED that two honorary street signs shall be placed at the
southwest corner of Melrose Avenue and Erie Street and at the northwest corner of Melrose
Avenue and Meyer Street designating such 200 block of South Melrose Avenue as CPL Alex Martinez Avenue.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G28-19 PASSED APPROVING AN AMENDMENT TO THE
REDEVELOPMENT AND FINANCING AGREEMENT FOR THE CITY OF ELGIN
BLUFF CITY QUARRY TIF DISTRICT
Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G28-19
AN ORDINANCE
APPROVING AN AMENDMENT TO THE REDEVELOPMENT AND FINANCING
AGREEMENT FOR THE CITY OF ELGIN BLUFF CITY QUARRY TIF DISTRICT
WHEREAS, the City of Elgin has previously created the Bluff City Quarry TIF District
pursuant to Ordinance Numbers S4-11, S5-11 and S6-11 adopted on May 11, 2011; and
WHEREAS, on June 13, 2012, the City Council of the City of Elgin approved Ordinance
No. G35-12, providing for the approval of a Redevelopment and Financing Agreement between the City of Elgin and Gifford 300, LLC, an Illinois limited liability company as Owner, and Bluff
City Materials, Inc., an Illinois corporation as Developer, which relates to the redevelopment of a
portion of the Bluff City Quarry TIF District (hereinafter referred to as the "Subject
Redevelopment and Financing Agreement"); and
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WHEREAS, the parties to the Subject Redevelopment and Financing Agreement have determined that it is in their mutual and respective best interests to amend the agreement by removing the various references and provisions for developer notes and to provide for the payment
and reimbursement of Gifford 300 TIF eligible expenses through more straightforward contract
provisions in the subject agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as
follows:
Section 1. That the amendment to the Redevelopment and Financing Agreement between the City of Elgin, Gifford 300, LLC and Bluff City Materials, Inc., be and is hereby approved, a copy of such amendment being attached hereto.
Section 2. That Mayor, David J. Kaptain, and City Clerk, Kimberly Dewis, be and are
hereby authorized and directed to execute such amendment to the Redevelopment and Financing Agreement.
Section 3. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019
Passed: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019 Published: July 12, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JULY 10, 2019 VOLUME LXXXIV
296
ORDINANCE S3-19 PASSED REPEALING ORDINANCE NO. S8-13 ORDINANCE OF
THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS PROVIDING FOR THE ISSUANCE OF A NOT TO EXCEED $13,500,000 JUNIOR LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND A NOT TO EXCEED $8,100,000 SUBORDINATE LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY
PROJECT), AND PLEDGING CERTAIN INCREMENTAL PROPERTY TAX
REVENUES TO THE PAYMENT THEREOF
Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. S3-19
AN ORDINANCE
REPEALING ORDINANCE NO. S8-13 ORDINANCE OF THE CITY OF ELGIN, KANE
AND COOK COUNTIES, ILLINOIS PROVIDING FOR THE ISSUANCE OF A NOT TO EXCEED $13,500,000 JUNIOR LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY
PROJECT), AND A NOT TO EXCEED $8,100,000 SUBORDINATE LIEN LIMITED
REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND PLEDGING CERTAIN
INCREMENTAL PROPERTY TAX REVENUES TO THE PAYMENT THEREOF
WHEREAS, on June 13, 2012, the City Council of the City of Elgin approved Ordinance
No. G35-12, providing for the approval of a Redevelopment and Financing Agreement between
the City of Elgin and Gifford 300, LLC, an Illinois limited liability company as Owner, and Bluff
City Materials, Inc., an Illinois corporation as Developer (hereinafter referred to as the "Subject
Redevelopment and Financing Agreement"); and
WHEREAS, the Subject Redevelopment and Financing Agreement provided in part for the
city to adopt a note ordinance in a form set forth in Exhibit C to the agreement; and
WHEREAS, on November 6, 2013, the City Council of the City of Elgin adopted such note ordinance pursuant to Ordinance S8-13; and
WHEREAS, the parties to the Subject Redevelopment and Financing Agreement
determined that it was in their mutual and respective best interests to amend the Subject
Redevelopment and Financing Agreement pursuant to an Amendment Agreement dated July 10, 2019, which provides in part for the repeal of the note ordinance pursuant to Ordinance No. S8-
13.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, in the exercise of its home rule powers, as follows:
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Section 1. That Ordinance No. S8-13, be and is hereby repealed.
Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019
Published: July 12, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-108 ADOPTED APPROVING CERTAIN DEVELOPER REQUESTS
FOR ISSUANCE FOR CERTIFICATES OF EXPENDITURE IN CONNECTION WITH THE BLUFF CITY QUARRY TIF DISTRICT REDEVELOPMENT AND FINANCING AGREEMENT
Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-108 RESOLUTION
APPROVING CERTAIN DEVELOPER REQUESTS FOR ISSUANCE FOR CERTIFICATES
OF EXPENDITURE IN CONNECTION WITH THE BLUFF CITY QUARRY TIF DISTRICT REDEVELOPMENT AND FINANCING AGREEMENT
WHEREAS, the City of Elgin has previously created the Bluff City Quarry TIF District
pursuant to Ordinance Numbers S4-11, S5-11 and S6-11 adopted on May 11, 2011; and
WHEREAS, the City of Elgin ("City") and Gifford 300, LLC, ("Owner"), and Bluff City
Materials, Inc., ("Developer") have previously entered into Redevelopment and Financing
JULY 10, 2019 VOLUME LXXXIV
298
Agreement dated June 13, 2012, providing for the redevelopment of a portion of the Bluff City
Quarry TIF District, as further described in such Redevelopment and Financing Agreement; and
WHEREAS, the City, Owner and Developer entered into an amendment to the
Redevelopment and Financing Agreement dated July 10, 2019 (such Redevelopment and
Financing Agreement dated June 13, 2012, as amended by the amendment thereto dated July 10,
2019, is hereinafter referred to the "Subject Redevelopment and Financing Agreement"); and
WHEREAS, the Subject Redevelopment and Financing Agreement provides for the
reimbursement to the developer of certain TIF eligible expenses in connection with the
redevelopment of the redevelopment property as described in the Subject Redevelopment and
Financing Agreement; and
WHEREAS, Developer has submitted to the city request for issuance #1 dated August 21,
2013, submitted to the city on or about September 11, 2013, in the total amount of $4,405,042,
requesting approval of a certificate of expenditure in such amount; and
WHEREAS, Developer has submitted to the city request for issuance #2 dated January 25,
2018, which was submitted to the city on or about such date, in the total amount of $16,573,037,
requesting approval of a certificate of expenditure in such amount; and
WHEREAS, pursuant to the terms of the Subject Redevelopment and Financing Agreement that the Developer's request for issuance #1 should be approved in the amount of
$4,405,042 and a portion of Developer's request for issuance #2 should be approved in the amount
of $9,940,958, for total approvals for certificates of expenditure of $13,500,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows:
1. That Developer's request for issuance #1 dated August 21, 2013, in the total amount of
$4,405,042 be and is hereby approved and a certificate of expenditure in the amount of
$4,405,042 is hereby approved and issued.
2. That Developer's request for issuance #2 dated January 25, 2018, in the total amount of
$16,573,037 is approved in part in the amount of $9,940,958 and a certificate of expenditure
in the amount of $9,940,958 be and is hereby approved and issued.
3. That payment to Developer of 80% of the TIF Revenue Stream from the Subject Property
received by the city and to be deposited into the Sub-STAF Gifford 300 Account pursuant to
the Subject Redevelopment and Financing Agreement is authorized and approved in
accordance with and subject to the terms of the Subject Redevelopment and Financing
Agreement up to and not to exceed the total amount of approved certificate of expenditures as provided herein. s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXIV JULY 10, 2019
299
Presented: July 10, 2019
Adopted: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G29-19 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, “ALCOHOLIC LIQUOR
DEALERS”
Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G29-19
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
WHEREAS, the Liquor Control Commission of the City of Elgin is currently composed of
the mayor and the members of the city council then holding office; and
WHEREAS, the city council of the City of Elgin has determined that it is desirable to reduce the composition of the Liquor Control Commission to include the mayor and four members
of the city council; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit is authorized to exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the control and regulation of alcoholic liquors within the City of Elgin and
the composition of the city’s Liquor Control Commission pertains to the government and affairs
of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 6.06.020 of the Elgin Municipal Code, 1976, as amended, entitled “Liquor Control Commission Established; Composition” be and is hereby further amended by further amending subparagraph B thereof to read as follows:
JULY 10, 2019 VOLUME LXXXIV
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“B. The commission shall be composed of five (5) members and shall
include the mayor and four (4) members of the city council. The mayor shall serve as chairman of the commission. The mayor, with the approval
of the city council, shall appoint members of the city council to the
commission for a term of two years.”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after August
1, 2019, upon its passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019 Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019
Published: July 12, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G31-19 PASSED AMENDING CHAPTER 10.44 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CHRONIC NUISANCE PROPERTY"
Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G31-19
AN ORDINANCE
AMENDING CHAPTER 10.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CHRONIC NUISANCE PROPERTY”
WHEREAS, the City Council of the City of Elgin has determined it is necessary and
desirable to provide for the abatement of chronic nuisance properties within the City; and
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301
WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each
municipality may define, prevent and abate nuisances; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 constitution of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the definition of and abatement of chronic nuisance properties pertains to the
government and affairs of the City of Elgin; and
WHEREAS, properties used for the purpose of the commission of illegal acts are directly and indirectly injurious to the public health, safety, peace and welfare;
WHEREAS, properties on which ongoing instances of illegal acts occurs encourage other
unlawful activities, diminish property values in that area, and cause or threaten to cause danger to persons and/or properties in that area; and
WHEREAS, the City Council of the City of Elgin has found previously and continues to
find that properties on which ongoing instances of illegal acts occur constitute and are declared to
be public nuisances that shall be abated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled “Chronic Nuisance Property,” Section 10.44.010 thereof, entitled “Abatement of Chronic Nuisance Properties,” be and is hereby amended to add a new Subsection 10.44.010.C, to read as
follows:
“C. Any other provision of this chapter notwithstanding, this chapter shall be interpreted and enforced in accordance with section 1-2-1.5 of the Illinois Municipal Code (65 ILCS 5/1-2-1.5), as amended, and shall not be construed
in such a manner so as to penalize any tenant or landlord based upon calls for
service for the activities or incidents that are set forth in said statute, as
amended.” Section 2. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled “Chronic Nuisance Property,” Section 10.44.020 thereof, entitled “Definitions,” be and is hereby
amended by amending subparagraph “S” under the definition of “Chronic Nuisance Property,” to
read as follows:
“S. Violations of subsection 9.40.470.A or subsection 16.12.020 sec. 302.4 of this code, as amended, relative to property care and maintenance.”
JULY 10, 2019 VOLUME LXXXIV
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Section 3. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled
“Chronic Nuisance Property,” Section 10.44.020 thereof, entitled “Definitions,” be and is hereby amended by amending subparagraph “U” under the definition of “Chronic Nuisance Property,” to
read as follows:
“U. Violations of subsection 9.36.030, subsection 16.12.020 sec. 305.8, or
subsection 16.12.020 sec. 308 et seq., of this code, as amended, relative to rubbish and garbage.”
Section 4. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled
“Chronic Nuisance Property,” Section 10.44.020 thereof entitled “Definitions,” be and is hereby
amended to add subparagraph “BB” under the definition of “Chronic Nuisance Property,” to read as follows:
“BB. Any offense defined and prohibited by the Drug Paraphernalia Control Act,
720 Illinois Compiled Statutes 600/1 et seq., as amended, or by Chapter 10.25,
“Drug Paraphernalia Control”, of this title, as amended.”
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 6. That this ordinance shall be in full force and effect immediately after its passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019 Passed: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019
Published: July 12, 2019 Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV JULY 10, 2019
303
ORDINANCE G32-19 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY
PACKAGE LIQUOR SALES AND CAR WASH IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1520 BIG TIMBER ROAD)
Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G32-19
AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR
SALES AND CAR WASH IN THE AB AREA BUSINESS DISTRICT
AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1520 Big Timber Road)
WHEREAS, written application has been made for a conditional use to establish an
accessory package liquor sales and a car wash at 1520 Big Timber Road; and
WHEREAS, the zoning lot with the building containing the premises at 1520 Big Timber
Road is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the AB Area Business District, and
ARC Arterial Road Corridor Overlay District, and accessory package liquor sales establishment
[SR] (UNCL) is listed as a conditional use within the AB Area Business District; and
WHEREAS, car washes [SR] (7542) is listed as a conditional use within the AB Area
Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on June 3, 2019, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
JULY 10, 2019 VOLUME LXXXIV
304
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the CC1 Center City District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated June 3, 2019, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for an accessory package liquor sales and a car wash
is hereby granted for the property commonly known as 1520 Big Timber Road, which is part of
the property commonly identified by Kane County Property Index Number 06-03-376-027, and
legally described as follows:
LOT 1 OF BIG TIMBER CORNER, BEING A SUBDIVISION OF PART OF THE EAST
½ OF THE SOUTHWEST ¼ OF SECTION 3, TOWNSHIP 41, RANGE 8, EAST OF
THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE EAST
ALONG THE SOUTH LINE OF SAID LOT 1 ON AN ASSUMED BEARING OF
SOUTH 89 DEGREES 46 MINUTES 09 SECONDS EAST, 15.00 FEET; THENCE
NORTH 45 DEGREES 13 MINUTES 13 SECONDS WEST, 21.38 FEED TO THE WEST
LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 40 MINUTES 17 SECONDS EAST, 15.00 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF
BEGINNING, ALL IN KANE COUNTY, ILLINOIS.
(Commonly known as 1520 Big Timber Road)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Cunlin Qian
for C+C Trading Group, as applicant and property owner, received January 18, 2019 and supporting documents including:
a. Undated Statement of Purpose and Conformance from C&C Trading Group
Inc., dated revised received May 30, 2019;
b. ALTA/ACSM Land Title Survey, prepared by Professionals Associated Survey, Inc., dated August 4, 2016; and
c. Undated Existing and Planned Floor Plans, dated received January 18, 2019,
with such further revisions as required by the Community Development
Director.
VOLUME LXXXIV JULY 10, 2019
305
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
2. The sale of any beer or malt products by the single container is not permitted. The sale
of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted.
3. Consumption of alcoholic beverages on the premises is not permitted.
4. All washing and or detailing of vehicles shall be conducted within the car wash bay area. No car washing or drying activities shall be conducted outside of the car wash
bay.
5. All exterior street graphics must comply with the zoning ordinance requirements. 6. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law. s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019
Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019
Published: July 12, 2019
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G33-19 PASSED GRANTING A CONDITIONAL USE FOR INDIVIDUAL
AND FAMILY SOCIAL SERVICE ORGANIZATION IN THE PGI PLANNED
GENERAL INDUSTRIAL DISTRICT (620 WING STREET, UNIT 3)
Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JULY 10, 2019 VOLUME LXXXIV
306
Ordinance No. G33-19
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR INDIVIDUAL AND FAMILY SOCIAL
SERVICE ORGANIZATION IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT
(620 Wing Street, Unit 3)
WHEREAS, written application has been made requesting conditional use approval to
establish an in individual and family social service organization at 620 Wing Street, Unit 3; and
WHEREAS, the zoning lot with the building containing the premises at 620 Wing Street
is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the PGI Planned General Industrial
District established by Ordinance No. G91-03, and individual and family social service is listed as
a conditional use within the PGI Planned General Industrial District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on June 3, 2019, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use
in the PGI Planned General Industrial District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated June 3, 2019, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
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307
Section 2. That a conditional use for individual and family social service organization
is hereby granted for the property commonly known as 620 Wing Street, Unit 3, which is part of the property commonly identified by the Kane County Property Index Numbers 06-11-380-004, 06-11-380-006, 06-11-380-021, 06-11-380-020, and legally described as follows:
LOT 9, EXCEPT THE WESTERLY 96.00 FEET, AND LOT 32 IN THE PLAT OF
“SEARS ADDITION TO ELGIN” BEING A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION11, TOWNSHIP 41 NORTH, RANGE 8 EACH OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AT THE RECORDER’S OFFICE OF
KANE COUNTY, MAY 21, 1889 PER DOCUMENT NO. 23279, SITUATED IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS
(commonly known as 620 Wing Street) Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
7. Substantial conformance to the Development Application submitted by Balance Stress Management & Therapy, as applicant, and Well Child Center, as property owner, received March 29, 2019, and supporting documents including:
a. Balance Stress Management and Therapy Conditional Use – Statement of Purpose
and Conformance, dated March 21, 2019; b. ALTA/ACSM Land title Survey Lot 32, Part of Lot 9, Elgin, Illinois, prepared by Landmark Engineering Group, dated August 12, 2009; and
c. Undated two-page floor plans, received March 29, 2019, with such further revisions
as required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
8. The individual and family social service shall be restricted to Unit 3 within the property at 620 Wing Street, in substantial compliance to the:
a. Undated two-page floor plans, received March 29, 2019, with such further revisions
as required by the Community Development Director.
9. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
JULY 10, 2019 VOLUME LXXXIV
308
Presented: July 10, 2019
Passed: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019
Published: July 12, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G34-19 PASSED GRANTING A CONDITIONAL USE FOR A DANCE
STUDIO AND SCHOOL (1025 NORTH RANDALL ROAD) Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G34-19
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DANCE STUDIO AND SCHOOL
(1025 North Randall Road) WHEREAS, written application has been made requesting conditional use approval to
establish a dance studio and school at 1025 North Randall Road; and
WHEREAS, the zoning lot with the building containing the premises at 1025 North Randall Road is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the AB Area Business District and ARC
Arterial Road Corridor Overlay District, and a dance studio and school is listed as a conditional
use within the AB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on June 3, 2019 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
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309
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning & Zoning Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the AB Area Business District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated June 3, 2019, and the recommendations made by the Community Development
Department and the Planning & Zoning Commission, a copy of which is attached hereto and made
a part hereof by reference as Exhibit A. Section 2. That a conditional use for a dance studio and school is hereby granted for
the property commonly known as 1025 North Randall Road, which is part of the property
commonly identified by Kane County Property Index Numbers 06-09-154-022, 06-09-154-023,
06-09-154-024, 06-09-154-025, 06-09-154-026, 06-09-154-028, 06-09-154-032, and 06-09-154-034, and legally described as follows:
Parcel One: That part of lots 568 through 570 and lots 573 through 578 as designated up
Valley Creek Unit No. 15, being a resubdivision of lots 565 and 566 Valley Creek Unit
No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the third principal meridian, bounded and described as follows, to-wit: beginning at the northwest corner of said lot 573; thence southeasterly along the curve north line of lots 573
through 578, said curve having a radius of 1218.94 feet and a central angle of 14 degrees
07 minutes 08 seconds (the chord of which bears south 49 degrees 09 minutes 21 seconds
east, a distance of 299.61 feet) to a line which is 19.88 feet perpendicularly east of, and parallel with the west line of said lot 578; thence south 20 degrees 33 minutes 35 seconds west, parallel with the west line of said lot 578, a distance of 188.22 feet, to the north line
of the northerly 120.00 feet of the southerly 314.50 feet of lots 573 through 578; thence
north 69 degrees 26 minutes 25 seconds west, along said north line, a distance of 1.58 feet
to a line which is 18.30 feet perpendicularly distant east of and parallel with the west line of said lot 578; thence south 20 degrees 33 minutes 35 seconds west, parallel with the East line of said lot 578, a distance of 120.00 feet to the north line of the southerly 194.50 feet
of lots 573 through 578; thence north 69 degrees 26 minutes 25 seconds west, along said
north line, a distance of 279.45 feet, to the west line of lots 570 through 568; thence north
20 degrees 33 minutes 35 seconds east, along said west line, a distance of 44.84 feet to a point which is 1.30 feet perpendicularly distant north of and parallel with the north line of said lot 570; thence north 69 degrees 26 minutes 25 seconds west, parallel with the north
line of said lot 570, a distance of 130.13 feet; thence south 20 degrees 33 minutes 35
seconds west, parallel with the east line of said lots 569 and 570, a distance of 18.50 feet
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to a line which is 17.20 feet perpendicularly distant south of and parallel with the north line
of lot 570; thence north 69 degrees 26 minutes 25 seconds west, parallel with the north line of said lot 570, a distance of 103.87 feet to the west line of the easterly 234.00 feet of lots
570 through 568; thence north 20 degrees 33 minutes 35 seconds east, parallel with the east
line of said lots 570 through 568, a distance of 118.26 feet, to a line which is 39.06 feet
perpendicularly distant north of and parallel with the north line of said lot 569; thence south
69 degrees 26 minutes 25 seconds east, parallel with the north line of said lot 569, a distance of 234.00 feet to the west line of said lot 573; thence north 20 degrees 33 minutes 35
seconds east, along the west line of said lot 573, a distance of 267.49 feet to the point of
beginning, in the city of Elgin, Kane County, Illinois.
Parcel Two: Sign easement for benefit of parcel one created by Valley Creek of Elgin, Inc., a Delaware corporation, and Richard L. Heimberg, as trustee under a trust agreement dated
March 21, 1995, known as Fletcher Drive Trust No. 454, the sole beneficiary of which is
Valley Creek of Elgin, Inc.. dated April 17, 1997 and recorded May 9, 1997 as document
97K029968 on and over: the northerly 20 feet of the westerly 20 feet of lots 570 of Valley
Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the third principal meridian, in the city of Elgin, Kane County, Illinois.
Parcel Three: a non-exclusive easement for the benefit of parcel one as created by
document dated March 20, 1997 and recorded May 9, 1997 as document 97K029969 by
and between Wal-Mart Real Estate Business Trust, a Delaware Business Trust, successor in interest to Wal-Mart Stores, Inc., pursuant to an assignment dated October 31, 1996;
Valley Creek of Elgin, Inc. a Delaware corporation and Richard L. Heimberg, as trustee
under trust agreement dated March 21, 1995, and known as Fletcher Drive Trust No. 454;
Amcore Trust Company, as trustee under trust agreement dated April 4, 1996 and known
as trust number 700122 for the purposes of direct access for motor vehicle and pedestrian traffic to and from Royal Boulevard as contained in said document.
Parcel Four: Integrated parking area easement agreement for the benefit of parcel one as
created by document dated April 17, 1997 and recorded May 9, 1997 as document
97K029970 by and between Valley Creek of Elgin, Inc., a Delaware corporation and Richard L. Heimberg, as trustee under trust agreement dated March 21, 1995 and known
as Fletcher Drive Trust No. 454 for the purposes contained in said document over the
following described land: lots 568 through 572 inclusive, of Valley Creek Unit No. 15,
being a resubdivision of lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision
of part of Section 9, Township 41 North, Range 8 east of the third principal meridian in the city of Elgin, Kane county, Illinois, excepting any part thereof lying within the following
described parcels: (Parcel 1: the Southerly 194.50 feet of lot 573, as measured along the
easterly line thereof, the southerly 194.50 of lots 574 through 577, inclusive, and the
southerly 194.50 feet of the westerly 18.30 feet of lot 578, Also part of lots 569 through
572, inclusive, described as follows: beginning at the southeast corner of lot 572; thence north 69 degrees 26 minutes 25 seconds west, along the southerly line of said lot 572, a
distance of 234.00 feet to a line that is parallel with the easterly line of lots 570 through
572, inclusive, thence north 20 degrees 33 minutes 35 seconds east, a distance of 158.50
feet to a line that is 17.20 feet, measured at right angles, southerly and parallel with the
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northerly line of said lot 570; thence south 69 degrees 26 minutes 25 seconds east, along
said parallel line, a distance of 103.87 feet to a line that is 130.13 feet, measured at right angles, westerly and parallel with the easterly line of said lot 570; thence north 20 degrees 33 minutes 35 seconds east, along said parallel line, a distance of 18.50 feet to a line that
is 1.30 feet, measured at right angles, northerly and parallel with said northerly line of lot
570; thence south 69 degrees 26 minutes 25 seconds east, along said parallel lines, a
distance of 130.13 feet to the easterly line of said lot 569; thence south 20 degrees 33 minutes 35 seconds west, along said easterly line of lots 569 through 572, a distance of 177.00 feet to the point of beginning, all being in Valley Creek Unit No. 15, being a
resubdivision of lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision of part
of Section 9, Township 41 North, Range 8 east of the third principal meridian and parcel
2: The northerly 120 feet of the southerly 314.50 feet of lot 573, as measured along the easterly line thereof, the northerly 120.00 feet of the southerly 314.50 feet of lots 574 through 577, inclusive, and the northerly 120 feet of the southerly 314.50 feet of the
westerly 18.30 feet of lot 578, also part of lots 569 and 570, described as follows:
commencing at the southeast corner of lot 572; thence north 69 degrees 26 minutes 25
seconds west, along the southerly line of said lot 572, a distance of 234.00 feet to a line that is parallel with the easterly lines of lots 570 through 572, inclusive, thence north 20 degrees 33 minutes 35 seconds east a distance of 158.50 feet to a line that is 17.20 feet,
measured at right angles, southerly and parallel with the northerly line of said lot 570 for
the point of beginning; thence south 69 degrees 26 minutes 25 seconds east, along said
parallel line, a distance of 103.87 feet to a line that is 130.13 feet, measured at right angles, westerly and parallel with the easterly line of said lot 570; thence north 20 degrees 33 minutes 35 seconds east, along said parallel line, a distance of 18.50 feet to a line that is
1.30 feet, measured at right angles, northerly and parallel with the said northerly line of lot
570; thence south 69 degrees 26 minutes 25 seconds east, along said parallel line a distance
of 130.13 feet to the easterly line of said lot 569; thence north 20 degrees 33 minutes 35 seconds east, along said easterly line of lot 569, a distance of 59.00 feet to a line that is 1.70 feet, measured at right angles, southerly and parallel with the northerly line of said lot
569; thence north 69 degrees 26 minutes 25 seconds west, along said parallel line, a
distance of 234.00 feet to a line that is parallel with said easterly line of lots 569 and 570
and passes through said point of beginning; thence south 20 degrees 33 minutes 35 seconds west, along said parallel line, a distance of 77.50 feet to the point of beginning, all being in Valley Creek Unit No. 15, being a resubdivision of lots 565 and 566 of Valley Creek Unit
No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 east of the
third principal meridian.
Parcel Five: Utility and roadway easement agreement for the benefit of parcel one as created by document dated April 17, 1997 and recorded May 9, 1997 as document
97K029971 by and between Valley Creek of Elgin, Inc., a Delaware corporation and
Richard L. Heimberg, as trustee under trust agreement dated March 21, 1995 and known
as Fletcher Drive trust no. 454 as described is said agreement. Parcel Six: Non-exclusive utility easement and parking lot construction easement for the
benefit of parcel one contained in and created by Declaration of Utility Easements and
parking lot construction easement recorded May 14, 1999 as document 1999K048994.
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Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:
10. Substantial conformance to the Development Application submitted by Duet Dance
Academy, as applicant, and Schiller Management LLC-Series 17, as property owner,
received May 9, 2019 and supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance, received May 9,
2019;
b. Plat of Survey, prepared by Missman, Stanley & Associates, dated October 11,
1999; and c. Undated New Studio Plan, received May 8, 2019, with such further revisions as
required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
11. All street graphics must comply with the zoning ordinance requirements.
12. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2019
Passed: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2019 Published: July 12, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Heritage Commission- Design Review, June 11, 2019 Planning and Zoning Commission, May 6, 2019
Committee of the Whole, June 12, 2019
City Council Minutes, June 12, 2019
Hotel/Motel Tax Revenue
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adjourn the meeting and go into the Executive Session for the purpose of discussing the following matters.
Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under
Section 120/2(c)(12) of the Open Meetings Act
Selection of a Person to Fill a Public Office, Including a Vacancy in a Public
Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a
Public Office, When the Public Body is Given Power to Remove the Occupant
Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open
Meetings Act
Appointment, Employment, Compensation, Discipline, Performance or Dismissal
of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of
the Open Meetings Act
The meeting adjourned at 8:29 p.m.
s/ Kimberly Dewis July 24, 2019
Kimberly Dewis, City Clerk Date Approved