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HomeMy WebLinkAbouts - October 9, 2019 CC429 VOLUME LXXXIV OCTOBER 9, 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 October 9, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:16 p.m. The Invocation was given by Pastor Brit Gilman, from the Harvest Bible Chapel and the Pledge of Allegiance was led by Elgin Police Explorers. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: Councilmember Martinez. MINUTES OF THE SEPTEMBER 25, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Lopez, to approve the September 25, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Crop Hunger Walk Day in Elgin Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, healthy food is essential to thriving, to growth and to a prosperous, long life, but those without land to grow food or money to buy it are likely to suffer from hunger; and WHEREAS, 800 million people around the world are hungry, including 11 to 12 percent of Americans, 3.2 million children die from hunger each year and 66 million primary school age children around the world go to school hungry, with one in five American schoolchildren who risk going to school hungry; and OCTOBER 9, 2019 VOLUME LXXXIV 430 WHEREAS, the CROP Hunger Walk has been organizing cities and towns across America to fight hunger around the world and in their communities for 50 years; and WHEREAS, Elgin has been part of the CROP Hunger Walk since 1983 raising over $625,000 in the fight against hunger; and WHEREAS, by participating in the CROP Hunger Walk, attention can be drawn not only to the problems of hunger, but also to solutions, improving the quality of life of all of our neighbors, no matter where they live, and supporting thriving livelihoods for all people. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Sunday, October 20, 2019 as CROP HUNGER WALK DAY in Elgin and encourage all citizens to support observances that raise public awareness concerning hunger and poverty, their causes and their solutions. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of October, 2019 David J. Kaptain Mayor Domestic Violence Awareness Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, violence against women and children continues to become a more prevalent problem and is not confined to any group of people, but across all economic, gender, racial and societal barriers and is supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security and humanity through the systematic use of physical, emotional, sexual, psychological and economic control and/or abuse; and WHEREAS, the impact of domestic violence is wide-ranging, directly affecting families and society as a whole; and WHEREAS, it is battered women themselves who have been at the forefront of efforts to bring peace and equity to the home; and WHEREAS, it is fitting to set aside a special time to bring this issue to the attention of all residents of the City of Elgin so they can become better informed and involved in programs to eliminate this epidemic from our society. VOLUME LXXXIV OCTOBER 9, 2019 431 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the month of October 2019 as Domestic Violence Awareness Month in the City of Elgin and encourage our residents to join forces with victim service programs, criminal justice officials and concerned citizens across the country to raise the public awareness of domestic violence issues. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of October, 2019. David J. Kaptain Mayor Elgin Police Explorer Recognition Lieutenant Kevin Senne recognized the Police Explorers for their achievements at a recent competition. RECOGNIZE PERSONS PRESENT Joe Galli, President of Local 439, thanked Councilmembers Lopez, Powell and Rauschenberger for their participation in Fire Ops 101. Phyllis O’Neal stated her concerns about enforcement of the noise ordinance in her neighborhood. James Mantalbano stated his concerns about noise ordinance violations in his neighborhood. SUBURBAN PURCHASING COOPERATIVE AGREEMENT APPROVED WITH VARIOUS VENDORS FOR THE PURCHASE OF PUBLIC SERVICES EQUIPMENT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve contracts with Currie Commercial Center in the amount of $165,577 for the purchase of three Ford F450 Dump Trucks and with Midwest Paving Equipment in the amount of $35,953 for one Falcon Hotbox Asphalt Trailer for a total purchase of $201,530. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. OCTOBER 9, 2019 VOLUME LXXXIV 432 PETITIONS 17-19 AND 24-19 APPROVED FOR THE PROPERTY LOCATED AT 453 FREMONT STREET FOR AN AMENDMENT TO PLANNED DEVELOPMENT AND CONDITIONAL USE TO ESTABLISH A DAYTIME COMMUNITY RESOURCE CENTER Marc Mylott, Community Development Director, provided an overview of petitions 17-19 and 24-19 to allow for a community resources center at 453 Fremont Street. Staff and the Planning and Zoning Commission recommended approval subject to conditions as outlined in the memo. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petitions 17-19 and 24-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-141 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH IDEMIA IDENTITY & SECURITY USA, LLC, FOR THE PURCHASE OF LIVESCAN STATION TOUCH-PRINT FINGERPRINT SYSTEMS Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-141 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH IDEMIA IDENTITY & SECURITY USA, LLC, FOR THE PURCHASE OF LIVESCAN STATION TOUCH-PRINT FINGERPRINT SYSTEMS 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 Idemia Identity & Security USA, LLC, for the purchase of LiveScan Station Touch-Print Fingerprint Systems, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV OCTOBER 9, 2019 433 Presented: October 9, 2019 Adopted: October 9, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-142 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION, AN ILLINOIS NOT-FOR-PROFIT CORPORATION (EDGEWATER SUBDIVISION) Councilmember Dixon made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-142 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION, AN ILLINOIS NOT-FOR-PROFIT CORPORATION (Edgewater Subdivision) WHEREAS, City and the owner of certain property within the Edgewater Subdivision have proposed that the annexation agreement between such owner and the City of Elgin be further amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Third Amendment to Annexation Agreement with Edgewater By Del Webb Community Association is in the best interests of the City of Elgin. NOW, THEREFORE, 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, on behalf of the City of Elgin, the Third Amendment to Annexation Agreement with Edgewater By Del Webb Community Association, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor OCTOBER 9, 2019 VOLUME LXXXIV 434 Presented: October 9, 2019 Adopted: October 9, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G53-19 PASSED AMENDING ORDINANCE NO. G41-05, WHICH CLASSIFIED NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (EDGEWATER SUBDIVISION-2700 BOWES ROAD) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G53-19 AN ORDINANCE AMENDING ORDINANCE NO. G41-05, WHICH CLASSIFIED NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Edgewater Subdivision-2700 Bowes Road) WHEREAS, the territory herein described has been classified in the PCF Planned Community Facility District, and is subject to the requirements of Ordinance No. G41-05; and WHEREAS, written application has been made to amend PCF Planned Community Facility District Ordinance No. G41-05, to construct a commercial operations yard along the northern-most 250 feet of Prairie Shore Drive within Edgewater Subdivision, and WHEREAS, after due notice in the manner provided by law, the Planning and Zoning Commission conducted a public hearing concerning said application on August 5, 2019; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and 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 VOLUME LXXXIV OCTOBER 9, 2019 435 WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PCF Planned Community Facility District established by Ordinance No. G41-05, 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 August 5, 2019, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Section 2. F. of Ordinance No. G41-05, which regulates “Land Use” in the PCF Planned Community Facility District of the Subject Property, is hereby amended to allow the following additional land use as a “permitted use” [SR] in this PCF zoning district: Miscellaneous Uses Division. 14. “Commercial Operations Yard” [SR] (UNCL) along the northern-most 250 feet of Prairie Shore Drive part of Edgewater Subdivision Section 3. That Section 2. G. of Ordinance No. G41-05, which regulates “Site Design” in the PCF Planned Community Facility District of the Subject Property, is hereby amended to include the following additional conditions: 9. Substantial conformance to the Development Application submitted by Edgewater by Del Webb Community Association, as applicant and property owner, received February 28, 2018, and supporting documents including: a. Undated Statement of Purpose and Conformance to Amend the Edgewater by Dell Webb Annexation Agreement with the City of Elgin, received February 28, 2018; b. Snow Equipment and Landscape Maintenance Storage Area Site Plan, prepared by Manhard Consulting Ltd., dated October 31, 2017, last revised August 14, 2019, with such further revisions as required by the Community Development Director; c. Storage Area and Landscape Maintenance Landscape Plan, prepared by Manhard Consulting Ltd., dated November 3, 2017, last revised August 14, 2019, with such further revisions as required by the Community Development Director; and d. “Edgewater Subdivision” Plat of Easement Abrogation and Grant, prepared by Manhard Consulting Ltd., dated April 3, 2019, last revised April 26, 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. OCTOBER 9, 2019 VOLUME LXXXIV 436 10. The gates at the north and south ends of the enclosed area for equipment storage shall be eight (8) feet high of solid material which matches the reminder of the fence enclosure in color and material. 11. The fence and gates enclosing the storage area shall be eight (8) feet high. 12. Additional evergreen landscaping materials must be installed on the exterior of the fence. 13. Compliance with all applicable codes and ordinances. Section 4. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G41-05. In the event of any conflict between this ordinance and Ordinances No. G41-05, this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Passed: October 9, 2019 Vote: Yeas: 8 Nays: 0 Recorded: October 9, 2019 Published: October 11, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-143 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION AND GRANT FOR EDGEWATER SUBDIVISION (EDGEWATER SUBDIVISION-2700 BOWES ROAD) Councilmember Steffen made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 9, 2019 437 Resolution No. 19-143 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION AND GRANT FOR EDGEWATER SUBDIVISION (Edgewater Subdivision-2700 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of easement abrogation and grant prepared by Manhard Consulting, Ltd., and dated April 3, 2019, last revised September 25, 2019 for the property legally described and depicted on such plat of easement abrogation and grant attached hereto as Exhibit A. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement abrogation and grant of easement for various public improvements, facilities and appurtenances from Edgewater By Del Webb Community Association regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement abrogation and grant to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G52-19 and adopt Resolution Nos. 19-136 through 19-140 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. OCTOBER 9, 2019 VOLUME LXXXIV 438 RESOLUTION 19-136 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-136 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS 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 the Board of Education of School District U-46, for school resource officers, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-137 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH US DIGITAL DESIGNS, INC. FOR FIRE STATION ALERTING SYSTEM Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 9, 2019 439 Resolution No. 19-137 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH US DIGITAL DESIGNS, INC. FOR FIRE STATION ALERTING SYSTEM WHEREAS, the City of Elgin has heretofore entered into a contract with US Digital Designs, Inc. for the installation of fire station alerting system; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-138 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-138 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 David Lackey, Case No. 18 WC 23723, in the total amount of $30,520.13 is approved. OCTOBER 9, 2019 VOLUME LXXXIV 440 BE IT FURTHER RESOLVED that the proposed settlement of the pending workers' compensation cases of Mike Maslana, Case No. 16 WC 30808 and Case No. 18 WC 31039, in the total amount of $35,256.14 is approved. BE IT FURTHER RESOLVED that the proposed settlement of the pending workers’ compensation case of Joseph Sostre, Case No. 17 WC 7620, in the total amount of $118,214.95 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-139 ADOPTED APPROVING SETTLEMENTS OF CERTAIN CLAIMS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-139 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN CLAIMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the claim of Brandon and Amanda Yaniz which includes payment in the total amount of $45,000 is approved. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIV OCTOBER 9, 2019 441 Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-140 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-140 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Wendi Howard is hereby appointed as a member of the Parks and Recreation Advisory Board, for terms that will expire on May 1, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jody Schmeck is hereby appointed as a member of the Parks and Recreation Advisory Board, for terms that will expire on May 1, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Madeline Ellsworth is hereby appointed as a Student Representative member of the Parks and Recreation Advisory Board, for terms that will expire on August 30, 2020. BE IT FURTHER RESOLVED that Thomas J. Aagesen is hereby reappointed as a member of the Board of Fire and Police Commissioners, for a term that will expire May 1, 2021. BE IT FURTHER RESOLVED that Anthony Ortiz is hereby appointed as a member of the Board of Fire and Police Commissioners, for a term that will expire May 1, 2020. BE IT FURTHER RESOLVED, that Christopher Flaherty is hereby appointed as members of the Sustainability Commission for terms that will expire June 1, 2020. OCTOBER 9, 2019 VOLUME LXXXIV 442 BE IT FURTHER RESOLVED that Bryan Miko and Laura Kenney are hereby reappointed as members of the Sustainability Commission, for terms that will expire June 1, 2022. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G52-19 PASSED GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (221 EAST CHICAGO STREET, UNIT A) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G52-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (221 East Chicago Street, Unit A) WHEREAS, written application has been made requesting conditional use approval to establish an employment agency, a personnel supply service, at 221 East Chicago Street, Unit A; and WHEREAS, the zoning lot with the building containing the premises at 221 E. Chicago Street, Unit A, is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a personnel supply service is listed as a conditional use within the CC1 Center City District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on September 9, 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 VOLUME LXXXIV OCTOBER 9, 2019 443 WHEREAS, the Community Development Department and the Planning & 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 & 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 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 September 9, 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 an employment agency, a personnel supply service, is hereby granted for the property commonly known as 221 East Chicago Street, Unit A, which is part of the property commonly identified by Kane County Property Index Number 06-13- 302-010, and legally described as follows: PARCEL 1: THE EAST 44 FEET OF LOT 2 IN BLOCK 11 OF ORIGINAL TOWN OF ELGIN, ON THE EAST OF FOX RIVER, IN THE CIT OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 221-223 East Chicago Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 2. Substantial conformance to the Development Application submitted by Employbridge, LLC dba Prologistix/ResourceMFG, as applicant, and Patrick O’Neil Property Group LLC, as property owner, received July 31, 2019, and supporting documents including: a. Conditional Use Statement of Purpose and Conformance, prepared by Employbridge, LLC, dated July 26, 2019; b. ALTA/ACSM Land Title Survey, prepared by MJM Consulting, Inc., dated November 20, 1999; c. Undated overall building floor plan, received August 5, 2019, with such further revisions as required by the Community Development Director; and OCTOBER 9, 2019 VOLUME LXXXIV 444 d. Undated floor plan for ProLogistix/Resource MFG 221 E. Chicago St. Unit A Elgin, IL 60120, received July 31, 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. 3. The employment agency shall not directly provide transportation, otherwise arrange for transportation, or provide any compensation or accommodations for transportation, for any employers or employees to or from their employment locations. 4. All street graphics must comply with the zoning ordinance requirements. Any wall graphics to be installed must be channel-letters-type street graphic. 5. 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: October 9, 2019 Passed: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: October 9, 2019 Published: October 11, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. E-911 Board, August 15, 2019 Heritage Commission- Various Dates Committee of the Whole, September 11, 2019 VOLUME LXXXIV OCTOBER 9, 2019 445 City Council Minutes, September 11, 2019 Electricity Tax Revenue Hotel/Motel Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Lopez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:36 p.m. s/ Kimberly Dewis October 23, 2019 Kimberly Dewis, City Clerk Date Approved