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HomeMy WebLinkAboutn - July 24, 2019 CC314 VOLUME LXXXIV JULY 24, 2019 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on July 24, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m. The Invocation was given by Minister Reggie Kee from the Kingdom Advancement Center and the Pledge of Allegiance was led by Aaron Cosentino, Director of Neighborhood Services and Aaron Neal, Public Works Superintendent. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JULY 10, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the July 10, 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. RECOGNIZE PERSONS PRESENT Joe and Armida Dominguez invited the public to attend Hopefest being held on July 27, 2019 at New Life Community Church. They also thanked the many sponsors of this event. Chuck Keysor commented on the proposed reconfiguration of the Walnut Avenue and South Street Intersection. Sue Webb thanked the city for the ongoing infrastructure improvements in the South West Area Neighborhood (SWAN). Frank Sibr thanked the Downtown Neighborhood Association for their Farmers Market. As a downtown business owner he noted an increase to his sales on the days the market is held. VOLUME LXXXIV JULY 24, 2019 315 BID 19-043 AWARDED TO BROTHERS ASPHALT PAVING, INC. FOR 2019 SWAN RESIDENTIAL RESURFACING CONSTRUCTION AWARD Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Brothers Asphalt Paving, Inc. in the amount of $2,060,213 for the completion of milling and resurfacing of approximately 3.6 miles of residential streets within the Southwest Area Neighborhood of the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-044 AWARDED TO MTJ SPORTS FOR LORDS PARK SOUTH TENNIS COURT CRACK SEAL AND ACRYLIC OVERLAY Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a contract to MTJ Sports in the amount of $25,400 to perform maintenance necessary to extend the useful life of the Lords Park tennis courts near the zoo. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 19-19 APPROVED FOR 2701-2801 GALVIN DRIVE FOR STORMWATER VARIATION FOR SIDE SLOPES OF STORMWATER DETENTION FACILITIES TO CONSTRUCT TWO SPECULATIVE OFFICE AND WAREHOUSING BUILDINGS Marc Mylott, Community Development Director, outlined Petition 19-19. The petition would allow for a storm water variation at the location. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 19-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 20-19 APPROVED FOR 1019 E. CHICAGO STREET FOR PLANNED DEVELOPMENT AS A MAP AMENDMENT TO ESTABLISH SCHOOL DISTRICT U- 46 BUS OPERATORS’ OFFICES WITH SCHOOL BUS PARKING AND OTHER ADMINISTRATIVE OFFICES Marc Mylott, Community Development Director, outlined Petition 20-19. The petition would grant a map amendment for school bus parking and administrative offices. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 20-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2019 VOLUME LXXXIV 316 PETITION 22-19 APPROVED FOR 1175 N. MCLEAN BOULEVARD FOR CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO CONSTRUCT A NEW RESTAURANT WITH A DRIVE-THROUGH SERVICE FACILITY Marc Mylott, Community Development Director, outlined Petition 22-19. The petition would grant a conditional use for a planned development for the construction of a restaurant with a drive through. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve Petition 22-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUTHORIZATION OF PAYMENT APPROVED TO TRINE CONSTRUCTION CORP. FOR EMERGENCY SANITARY SEWER REPAIRS AT 425 BALL STREET Councilmember Gavin made a motion, seconded by Councilmember Martinez, to authorize payment to Trine Construction Corp. in the amount of $35,939 for work related to emergency sanitary sewer repairs at 425 Ball Street. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. S4-19 and G35-19 through G38-19, as well as adopt Resolution Nos. 19-109 through 19-116 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-109 ADOPTED AUTHORIZING EXECUTION OF AN AMENDED LOAN AGREEMENT WITH LATINO TREATMENT CENTER FOR A NEW PAYMENT SCHEDULE Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 317 Resolution No. 19-109 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED LOAN AGREEMENT WITH LATINO TREATMENT CENTER FOR A NEW PAYMENT SCHEDULE 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 Amended Loan Agreement on behalf of the City of Elgin with Latino Treatment Center for a new payment schedule, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-110 ADOPTED APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE NEIGHBORHOOD STABILIZATION PROGRAM Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2019 VOLUME LXXXIV 318 Resolution No. 19-110 RESOLUTION APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE NEIGHBORHOOD STABILIZATION PROGRAM WHEREAS, Title I of the Housing and Community Development Act of 1974 provides Community Development Block Grant (CDBG) funding to units of local government for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities; and WHEREAS, the CDBG Program is funded by the U.S. Department of Housing and Urban Development (HUD) and is to be implemented in a manner consistent with priorities and strategies identified in a Housing and Community Development Consolidated Plan; and WHEREAS, such a plan, covering a five-year period including Program Years 2015 through 2019, was prepared and made available for public comment as required by the Kane-Elgin Consortium's Citizen Participation Plan; and WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2019 in order for the City to qualify for an annual allocation of CDBG funds from HUD; and WHEREAS, it is desirable to amend an intergovernmental agreement with Kane County to provide for the proper administration and management of the City's CDBG Program (and Neighborhood Stabilization Program) during Program Year 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2019 Annual Action Plan, including the activities listed below, is hereby approved: 1. Southeast Area Street Improvements The City will resurface streets, make accessibility improvements to sidewalks, and correct minor drainage and sewer deficiencies in the Gifford Park-Southeast Area neighborhood. CDBG Funding: $450,000.00 Agency: City of Elgin Engineering Division VOLUME LXXXIV JULY 24, 2019 319 2. Roof Replacement Senior Services Associates will replace the roof on their office building in downtown Elgin. The agency delivers an array of social services to area seniors from the facility. CDBG Funding: $11,907.00 Agency: Senior Services Associates 3. Elgin Community Support Team Association for Individual Development (AID) will provide intensive wrap-around services to individuals with significant mental health challenges. This program is delivered in collaboration with the Elgin Police Department to specifically serve individuals who are homeless or at-risk of homelessness. CDBG Funding: $23,020.00 Agency: Association for Individual Development 4. Homeless Outreach and Engagement Ecker Center will provide case management services to homeless adults identified through Elgin’s FUSE initiative and other means. Services will include the collection of identifying information, assessment of mental status, treatment planning, case management/community support services, crisis services, and referrals for alcohol/substance abuse treatment. CDBG Funding: $18,391.00 Agency: Ecker Center for Mental Health 5. Day Shelter Services PADS of Elgin will provide daytime shelter services for homeless individuals, Monday through Friday, 9 am to 4 pm. This service will complement their existing overnight emergency shelter. CDBG Funding: $31,000.00 Agency: PADS of Elgin 6. Affordable Housing Fund The Affordable Housing Fund (AHF) will leverage multiple funding sources to support the preservation and creation of affordable housing for households with incomes at or below 80% of the area median income ($71,300 for a family of four). CDBG funds will be used to provide gap financing for the development of affordable rental and/or home- ownership projects funding for affordable housing activities within the City of Elgin. CDBG Funding: $263,892.00 Agency: Kane County Office of Community Reinvestment 7. Program Administration CDBG funds will be used to cover costs associated with the administration of the CDBG program, and expenses associated with administration of the Continuum of Care, which facilitates the award of state and federal funding to Elgin agencies that serve the homeless population. Lastly, funds will also cover the cost of completing the 2020 to 2024 Consolidated Plan. CDBG Funding: $148,950.00 JULY 24, 2019 VOLUME LXXXIV 320 Agency: Kane County Office of Community Reinvestment Section 2. That the above funding awards are conditioned on each agency's compliance with applicable HUD requirements, and satisfaction of conditions outlined in the attachment to the report and recommendation issued to the Mayor and Members of the City Council at the Committee of the Whole meeting of June 26, 2019. Section 3. That Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute such applications, agreements, certifications, reports, and other documents required by HUD, and to provide additional information and furnish such documents as may be required by HUD, to complete the activities described in the plans approved or amended herein. Section 4. That Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Amendment #3 to CDBG Program Management Intergovernmental Agreement on behalf of the City of Elgin with Kane County for program management services regarding the Community Development Block Grant Program and the Neighborhood Stabilization Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-111 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET RESURFACING PROGRAM-GIFFORD PARK AND NEAR SOUTHEAST AREA NEIGHBORHOODS PROJECT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 321 Resolution No. 19-111 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET RESURFACING PROGRAM-GIFFORD PARK AND NEAR SOUTHEAST AREA NEIGHBORHOODS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional services in connection with the 2019 Neighborhood Street Resurfacing Program-Gifford Park and Near Southeast Area Neighborhoods Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-112 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 COLLECTOR STREET RESURFACING PROGRAM Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2019 VOLUME LXXXIV 322 Resolution No. 19-112 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 COLLECTOR STREET RESURFACING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin with Trotter and Associates, for professional services in connection with the 2019 Collector Street Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-113 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV JULY 24, 2019 323 Resolution No. 19-113 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Katy Holmes, Case No. 18 WC 4111, in the total amount of $106,910.00 is approved. BE IT FURTHER RESOLVED that the proposed settlement of the pending workers' compensation case of Wade LaTour, Case No. 16 WC 4993, in the total amount of $36,690.23 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-114 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-114 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Corey Dixon, Baldemar Lopez, Terry Gavin and Toby Shaw are hereby appointed as members of the Liquor Control Commission for terms that will expire on April 30, 2021. BE IT FURTHER RESOLVED that Len Govednik and Rebecca Hunter are hereby appointed as members of the Elgin Heritage Commission for a term that will expire May 1, 2022. JULY 24, 2019 VOLUME LXXXIV 324 BE IT FURTHER RESOLVED, that David Hudik and Thomas (Pat) Crawford are hereby reappointed as members of the Emergency Telephone System Board (E-911) for terms that will expire May 1, 2022. BE IT FURTHER RESOLVED, that Colin Fleury is hereby appointed as a member of the Emergency Telephone System Board (E-911) for a term that will expire on May 1, 2021. BE IT FURTHER RESOLVED, that Jamie Fleisner is hereby appointed as a member of the Emergency Telephone System Board (E-911) for a term that will expire on May 1, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-115 ADOPTED AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT WITH SHODEEN CONSTRUCTION COMPANY, LLC IN CONNECTION WITH THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION IMPROVEMENT PROJECT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-115 RESOLUTION AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT WITH SHODEEN CONSTRUCTION COMPANY, LLC IN CONNECTION WITH THE U.S. ROUTE 20 AND REINKING ROAD INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Cost Sharing Agreement on behalf of the City of Elgin with Shodeen Construction Company, LLC, in connection with the U.S. Route 20 and Reinking Road VOLUME LXXXIV JULY 24, 2019 325 Intersection Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-116 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH MORNINGSIDE CAPITAL, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, SUSAN L. METZGER, AS TRUSTEE OF THE SUSAN L. METZGER TRUST DATED JUNE 6, 2002 AND MARY G. METZGER, AS TRUSTEE OF THE GEORGE G. METZGER AND MARY G. METZGER REVOCABLE TRUST DATED NOVEMBER 16, 1998 (1620 VILLA STREET, ELGIN, ILLINOIS) Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-116 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH MORNINGSIDE CAPITAL, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, SUSAN L. METZGER, AS TRUSTEE OF THE SUSAN L. METZGER TRUST DATED JUNE 6, 2002 AND MARY G. METZGER, AS TRUSTEE OF THE GEORGE G. METZGER AND MARY G. METZGER REVOCABLE TRUST DATED NOVEMBER 16, 1998 (1620 Villa Street, Elgin, Illinois) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and JULY 24, 2019 VOLUME LXXXIV 326 WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S4-19 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1620 VILLA STREET) Councilmember Shaw made a motion, seconded by Councilmember Steffen, 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. VOLUME LXXXIV JULY 24, 2019 327 Ordinance No. S4-19 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1620 Villa Street) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are hereby annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 JULY 24, 2019 VOLUME LXXXIV 328 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (commonly known as 1620 Villa Street). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Cook County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G35-19 PASSED RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 VILLA STREET) Councilmember Shaw made a motion, seconded by Councilmember Steffen, 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. VOLUME LXXXIV JULY 24, 2019 329 Ordinance No. G35-19 AN ORDINANCE RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 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 classifying certain territory in the PNB Planned Neighborhood 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 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: JULY 24, 2019 VOLUME LXXXIV 330 The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District the following described property: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (commonly known as 1620 Villa Street), and Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PNB Planned Neighborhood Business District, which shall be designed, developed, and operated subject to the following provisions: VOLUME LXXXIV JULY 24, 2019 331 A. Purpose and Intent. The purpose of the PNB Planned Neighborhood Business District is to provide for planned commercial areas supplying daily convenience commodities and services to a neighborhood population, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. The scale of development of a PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. A PNB zoning district is most similar to, but departs from the standards requirements of the NB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended. E. Location and Size of District. PNB Planned Neighborhood Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PNB Planned Neighborhood Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PNB Planned Neighborhood Business District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the NB Neighborhood Business District, Section 19.35.330 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the NB Neighborhood Business District, Section 19.35.330 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. JULY 24, 2019 VOLUME LXXXIV 332 3. Similar Uses. Those land uses enumerated as similar uses within the NB Neighborhood Business District, Section 19.35.330 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. G. Site Design. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site Design”, of the Elgin Municipal Code, as amended, Section 19.35.335 “Site Design” for NB Neighborhood Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application submitted by Everclean CW, as applicant, and Susan Metzger, as property owner, received February 15, 2019, and supporting documents including: a. “Statement of Purpose and Conformance for a new development at NWC of Lake Street and Lambert Lane, Unincorporated Elgin” letter, prepared by Thomas Kim, Manager, Everwash, dated October 18, 2018; b. “Conditional Use Statement of Purpose and Conformance” letter, prepared by Thomas Kim, Manager, Everwash, dated October 15, 2018; c. Alta/NSPS Land Title Survey, prepared by Engineering Enterprises, Inc., dated March 28, 2018; d. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by Engineering Enterprises, Inc., dated June 18 2019, with such further revisions as required by the City Engineer; e. Final Plat of Morningside Point Subdivision, prepared by Engineering Enterprises, Inc., dated October 25, 2018, last revised May 28, 2019, with such further revisions as required by the City Engineer; f. Site Plan & Geometric Plan, prepared by Haeger Engineering, dated May 10, 2019, with such further revisions as required by the Community Development Director; g. Landscape Plan, prepared by Ringers Landscape Services, Inc., dated July 16, 2018, last revised May 12, 2019, with such further revisions as required by the Community Development Director; h. Site Photometric and Lighting Plan, prepared by Haeger Engineering, dated July 1, 2019, with such further revisions as required by the Community Development Director; i. XSP2 LED Street/Area Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; j. XSPW LED Wall Mount Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; k. Everclean Carwash plans, prepared by Barker/Nestor Architecture + Design, dated May 15, 2019, with such further revisions as required by the Community Development Director; VOLUME LXXXIV JULY 24, 2019 333 l. Site Plan and Geometric Plan, Sheet 10 of 10, with signage notations, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised March 6, 2019, with such further revisions as required by the Community Development Director; m. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; and n. Car Wash Development Site Development Plan 1620 Villa Street, Elgin , Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such further revisions as required by the City Engineer; In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of the building with no masonry material on all building elevations. 3. The exterior of the refuse enclosure shall match the exterior material of the building. 4. All exterior site lighting shall be installed in compliance with Chapter 19.13, “Outdoor Lighting”, of the Elgin Municipal Code, as amended. 5. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PNB Planned Neighborhood Business District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended. I. Off Street Loading. In this PNB Planned Neighborhood Business District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. J. Signs. In this PNB Planned Neighborhood Business District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. A departure is hereby granted to allow three wall graphics on the building. 2. A departure is hereby granted to allow a total of four directional graphics. The directional graphics at the driveway entrances/exits to the site, and the proposed directional graphic for “Free Vacuums” must include a masonry base which matches the masonry base of the main monument graphic. The proposed “1A JULY 24, 2019 VOLUME LXXXIV 334 Illuminated Go-Go Sign” graphic is not required to have a masonry base. All directional graphics shall be maximum three feet high and two square feet in area (not including the base). 3. A departure is hereby granted to allow a total of six drive-through facility graphics. The “Lane Menu Towers” graphics adjacent to the drive-through pay- lanes are not required to have a masonry base, and must be constructed in substantial compliance with the following: a. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; 4. Any type of portable graphics, including “Windmaster Signs” are not permitted. K. Nonconforming Uses and Structures. In this PNB Planned Neighborhood Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. L. Amendments. In this PNB Planned Neighborhood Business District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended. M. Planned Developments. In this PNB Planned Neighborhood Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PNB zoning district. N. Conditional Uses. In this PNB Planned Neighborhood Business District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PNB zoning district. O. Variations. In this PNB Planned Neighborhood Business District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PNB zoning district. VOLUME LXXXIV JULY 24, 2019 335 P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G36-19 PASSED GRANTING A CONDITIONAL USE FOR A CAR WASH IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 VILLA STREET) Councilmember Shaw made a motion, seconded by Councilmember Steffen, 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. G36-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CAR WASH IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) WHEREAS, written application has been made requesting conditional use approval to establish a car wash at 1620 Villa Street; and WHEREAS, the zoning lot with the building containing the premises at 1620 Villa Street is legally described herein (the “Subject Property”); and JULY 24, 2019 VOLUME LXXXIV 336 WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District established by Ordinance No. G35-19, and a car wash is listed as a conditional use within the PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 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 PNB Planned Neighborhood 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 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 a conditional use for a car wash is hereby granted for the property commonly known as 1620 Villa Street, and commonly identified by Cook County Property Index Numbers 06-20-400-008-0000, 06-29-201-004-0000, and 06-29-200-006-0000., and legally described as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 VOLUME LXXXIV JULY 24, 2019 337 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS (commonly known as 1620 Villa Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 6. Substantial conformance to the Development Application submitted by Everclean CW, as applicant, and Susan Metzger, as property owner, received February 15, 2019, and supporting documents including: a. “Statement of Purpose and Conformance for a new development at NWC of Lake Street and Lambert Lane, Unincorporated Elgin” letter, prepared by Thomas Kim, Manager, Everwash, dated October 18, 2018; b. “Conditional Use Statement of Purpose and Conformance” letter, prepared by Thomas Kim, Manager, Everwash, dated October 15, 2018; c. Alta/NSPS Land Title Survey, prepared by Engineering Enterprises, Inc., dated March 28, 2018; d. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by Engineering Enterprises, Inc., dated June 18 2019, with such further revisions as required by the City Engineer; JULY 24, 2019 VOLUME LXXXIV 338 e. Final Plat of Morningside Point Subdivision, prepared by Engineering Enterprises, Inc., dated October 25, 2018, last revised May 28, 2019, with such further revisions as required by the City Engineer; f. Site Plan & Geometric Plan, prepared by Haeger Engineering, dated May 10, 2019, with such further revisions as required by the Community Development Director; g. Landscape Plan, prepared by Ringers Landscape Services, Inc., dated July 16, 2018, last revised May 12, 2019, with such further revisions as required by the Community Development Director; h. Site Photometric and Lighting Plan, prepared by Haeger Engineering, dated July 1, 2019, with such further revisions as required by the Community Development Director; i. XSP2 LED Street/Area Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; j. XSPW LED Wall Mount Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; k. Everclean Carwash plans, prepared by Barker/Nestor Architecture + Design, dated May 15, 2019, with such further revisions as required by the Community Development Director; l. Site Plan and Geometric Plan, Sheet 10 of 10, with signage notations, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised March 6, 2019, with such further revisions as required by the Community Development Director; m. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; and n. Car Wash Development Site Development Plan 1620 Villa Street, Elgin , Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such further revisions as required by the City Engineer; 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. 7. A departure is hereby granted to allow the construction of the building with no masonry material on all building elevations. 8. A departure is hereby granted to allow three wall graphics on the building. 9. A departure is hereby granted to allow a total of four directional graphics. The directional graphics at the driveway entrances/exits to the site, and the directional graphic for “Free Vacuums” must include a masonry base which matches the masonry base of the main monument graphic. The proposed “1A Illuminated Go-Go Sign” graphic is not required to have a masonry base. All directional graphics shall be maximum three feet high and two square feet in area (not including the base). VOLUME LXXXIV JULY 24, 2019 339 10. A departure is hereby granted to allow a total of six drive-through facility graphics. The “Lane Menu Towers” graphics adjacent to the drive-through pay-lanes are not required to have a masonry base, and must be constructed in substantial compliance with the following: a. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; 11. Any type of portable graphics, including “Windmaster Signs” are not permitted. 12. The exterior of the refuse enclosure shall match the exterior material of the building. 13. All exterior site lighting shall be installed in compliance with Chapter 19.13, “Outdoor Lighting”, of the Elgin Municipal Code, as amended. 14. 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 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G37-19 PASSED AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, "CITY COUNCIL" Councilmember Shaw made a motion, seconded by Councilmember Steffen, 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 24, 2019 VOLUME LXXXIV 340 Ordinance No. G37-19 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" WHEREAS, the city council of the City of Elgin has determined that it is desirable to provide for certain amendments to city council rules regarding the procedures for recognized persons present which allows for public comment at city council meetings; 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 WHEREAS, city council rules of procedure relating to public comment at city council meetings pertains to the government affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.08.070 of the Elgin Municipal Code, 1976, as amended, entitled "Agenda and Order of Business:" be and is hereby further amended by adding subparagraph G thereof by amending the text therein from "Recognition of persons present" to "Public Comments". Section 2. That Section 2.08.080 of the Elgin Municipal Code, 1976, as amended, entitled "Rules of Procedure:" be and is hereby further amended by amending subparagraph CC thereof to read as follows: "CC. Persons wishing to address the city council may do so as provided in this section. Any such persons wishing to address the city council shall register on signup sheets furnished by the city clerk prior to the meeting. The first signup sheet is for persons wishing to speak on items not on the current meeting's city council agenda. Those speakers will be called to the podium during the Public Comments section of the agenda. The second signup sheet is for persons wishing to speak on matters appearing on the current city council agenda. Those speakers will be called to the podium when the agenda item such person wishes to speak on is being considered by the city council. Such signup sheets shall include identification of the speaker's name and the subject matter(s) to be addressed by the speaker. Each speaker should begin by first clearly stating his or her name. Speakers may also provide a home or business address if so desired. Speakers shall be heard in the order of registration and shall be limited to three (3) minutes, and the total time allocated for all speakers shall not exceed thirty (30) minutes at each meeting. Persons shall not be permitted to assign time to another speaker. The city clerk shall monitor the time for each speaker and the total time allotted for all speakers and shall advise the speakers and the city council when any time limits have expired. Speakers who have registered for the Public Comments section of the agenda to address matters not on the current VOLUME LXXXIV JULY 24, 2019 341 city council agenda, but who are not permitted to speak because of the lapse of time shall be granted time, to speak after Miscellaneous Business. These procedures will also apply to any Public Comments section on a city council committee of the whole meeting." 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 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G38-19 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 Councilmember Shaw made a motion, seconded by Councilmember Steffen, 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. G38-19 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: JULY 24, 2019 VOLUME LXXXIV 342 Section 1. 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 amending subparagraph H thereof to read as follows: "H. The number of class B-4 licenses shall not exceed six (6) in number." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. 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 Presented: July 24, 2019 Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 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. Cultural Arts Commission, June 10, 2019 Emergency Telephone System Board, March 21 and June 20, 2019 Foreign Fire Insurance Board, April 8, 2019 Board of Fire and Police Commissioners, Various Dates Heritage Commission – Design Review Subcommittee, June 25, 2019 Committee of the Whole, June 26, 2019 City Council Minutes, June 26, 2019 Natural Gas Tax Revenue Disbursement Report VOLUME LXXXIV JULY 24, 2019 343 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Lopez made a motion, seconded by Councilmember Martinez, 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. Pending, Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body Before a Court or Administrative Tribunal - Exempt Under Section 120/2(c)(11) of the Open Meetings Act t 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 7:48 p.m. s/ Kimberly Dewis August 14, 2019 Kimberly Dewis, City Clerk Date Approved