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HomeMy WebLinkAboutt - October 23, 2019 CC446 VOLUME LXXXIV OCTOBER 23, 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 23, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The Invocation was given by Pastor Jeff Mikyska of Holy Trinity Church and the Pledge of Allegiance was led by the Local Cub Scout Pack #14. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE OCTOBER 9, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the October 9, 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. Councilmember Martinez abstained. COMMUNICATIONS National Red Ribbon Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, alcohol and drug abuse in this Nation have reached epidemic stages and it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31; and VOLUME LXXXIV OCTOBER 23, 2019 447 WHEREAS, business, government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the Coalition for a Safe & Healthy Elgin further commits its resources to ensure the success of the Red Ribbon Campaign. NOW, THEREFORE, I David Kaptain, Mayor of Elgin, do hereby proclaim October 23- 31, as RED RIBBON WEEK, and encourage all citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 23th day of October, 2019. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT James Harvey thanked the council for their support of Artspace. He invited the public to upcoming events being held at that location. BID 19-053 AWARDED TO JOSEPH J. HENDERSON & SONS, INC. FOR THE RIVER INTAKE BAR SCREEN REPLACEMENT Councilmember Steffen made a motion, seconded by Councilmember Dixon, to award a contract to Joseph J. Henderson & Sons, Inc., in the amount of $764,000 for the River Intake Bar Screen Replacement Project in order to replace equipment to ensure continued water treatment capacity. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING COOPERATIVE AGREEMENT AWARDED TO COMPASS MINERALS AMERICA INC. FOR THE 2019-2020 BULK ROAD SALT PURCHASE There were questions regarding the delivery schedule and how much salt was currently in the domes. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award an agreement to Compass Minerals America Inc. in the amount of $1,064,910 for the purchase of a quantity of bulk road salt to ensure the City has a sufficient supply for the 2019-2020 snow and ice removal programming. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. OCTOBER 23, 2019 VOLUME LXXXIV 448 SUBURBAN PURCHASING COOPERATIVE CONTRACTS AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF PUBLIC SAFETY VEHICLE AND OUTFITTING Councilmember Steffen made a motion, seconded by Councilmember Martinez, to award a contract to Sutton Ford for the purchase of the specialty vehicle and a contract to Ultra Strobe Communications, Inc. for outfitting of the new vehicle with light bars and other standard police equipment, all in the total amount of $150,330. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 32-19 APPROVED FOR THE PROPERTY LOCATED AT 1110 S. RANDALL ROAD – DEVELOPMENT PLAN APPROVAL TO CONSTRUCT A NEW RESTAURANT WITH A DRIVE-THROUGH SERVICE Marc Mylott, Community Development Director, provided an overview of petition 32-19 to allow for the construction of a restaurant with a drive through at 1110 S. Randall Road. Staff and the Planning and Zoning Commission recommended approval subject to conditions as outlined in the memo. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 32-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 23-19 APPROVED FOR THE PROPERTY 219 WALNUT AVENUE – CONDITIONAL USE TO ESTABLISH A DRINKING PLACE (ALCOHOLIC BEVERAGES) AND A COMMERCIAL EVENT SPACE AS PART OF AN EXISTING RESTAURANT Marc Mylott, Community Development Director, provided an overview of petition 23-19 to approve a conditional use to establish a drinking place. Mr. Mylott noted that the petitioner had withdrawn the request for the commercial event space. Staff and the Planning and Zoning Commission recommended approval subject to conditions as outlined in the memo. There was discussion regarding parking in the area. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 23-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV OCTOBER 23, 2019 449 RESOLUTION 19-150 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC TO PROVIDE RETAIL ELECTRIC SERVICE TO THE CITY OF ELGIN AND ITS MUNICIPAL FACILITIES Councilmember Shaw 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. 19-150 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MC SQUARED ENERGY SUPPLY, LLC TO PROVIDE RETAIL ELECTRIC SERVICE TO THE CITY OF ELGIN AND ITS MUNICIPAL FACILITIES 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 MC Squared Energy Supply, LLC, to provide retail electric service to the city and its municipal facilities, in a form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk OCTOBER 23, 2019 VOLUME LXXXIV 450 CONSENT AGENDA By unanimous consent, Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass Ordinance Nos. S6-19, and G54-19 through G57-19 and adopt Resolution Nos. 19-144 through 19-149 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-144 ADOPTED AUTHORIZING EXECUTION OF SERVICE AGREEMENTS WITH P&A ADMINISTRATIVE SERVICES, INC. FOR FLEXIBLE SPENDING, DEPENDENT CARE AND HEALTH RETIREMENT ACCOUNT PROGRAMS Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. 19-144 RESOLUTION AUTHORIZING EXECUTION OF SERVICE AGREEMENTS WITH P&A ADMINISTRATIVE SERVICES, INC. FOR FLEXIBLE SPENDING, DEPENDENT CARE AND HEALTH RETIREMENT ACCOUNT PROGRAMS 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 Service Agreements on behalf of the City of Elgin with P&A Administrative Services, Inc., for flexible spending dependent care and health retirement account programs, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV OCTOBER 23, 2019 451 RESOLUTION 19-145 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (AGREEMENT NO. OP-20-0114, 04-02) Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. 19-145 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (Agreement No. OP-20-0114, 04-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $136,364 for occupant protection and impaired driving enforcement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Debra Nawrocki, Chief Financial Officer, be and are hereby authorized and directed to execute a grant agreement with the State of Illinois and the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk OCTOBER 23, 2019 VOLUME LXXXIV 452 RESOLUTION 19-146 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER UTILITIES RISK AND RESILIENCE ASSESSMENT STUDY Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. 19-146 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER UTILITIES RISK AND RESILIENCE ASSESSMENT STUDY 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 Engineering Enterprises, Inc., for professional services in connection with the water utilities risk and resilience assessment study, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV OCTOBER 23, 2019 453 RESOLUTION 19-147 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH VARIOUS UTILITY DEPARTMENT PROJECTS Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. 19-147 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH VARIOUS UTILITY DEPARTMENT PROJECTS 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 Amendment Agreement No. 3 on behalf of the City of Elgin with Strand Associates, Inc. for engineering services in connection with various utility department projects, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-148 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 700 MCBRIDE STREET Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. OCTOBER 23, 2019 VOLUME LXXXIV 454 Resolution No. 19-148 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 700 MCBRIDE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a real estate contract on behalf of the City of Elgin with Brad R. Studt for the purchase of the property commonly known as 700 McBride Street for $89,314.00, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G54-19 PASSED AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G25-01 (453 FREMONT STREET AND 454 HICKORY PLACE) Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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 OCTOBER 23, 2019 455 Ordinance No. G54-19 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G25-01 (453 Fremont Street and 454 Hickory Place) WHEREAS, the territory herein described has been classified PCF Planned Community Facility District and is subject to the requirements of Ordinance No. G25-01; and WHEREAS, written application has been made to amend PCF Planned Community Facility Ordinance G15-01 to add “individual and family social services [832]” as a conditional use; and WHEREAS, the zoning lot containing the property commonly referred to as 453 Fremont Street and 454 Hickory Place is legally described within Ordinance No. G25-01 (and hereinafter referred to as the “Subject Property”); and WHEREAS, the Planning and 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 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 an amendment to the PCF Planned Community Facility 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 and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. OCTOBER 23, 2019 VOLUME LXXXIV 456 Section 2. That Section 2. F. of Ordinance No. G25-01, which regulates “Land Use” is hereby amended to include the following additional use: The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PCF District: Services Division: 1. Individual and family social services (832) Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G25-01. In the event of any conflict between this ordinance and Ordinance No. G25-01, this ordinance and associated documents shall control and prevail. 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: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G55-19 PASSED GRANTING A CONDITIONAL USE FOR AN INDIVIDUAL AND FAMILY SOCIAL SERVICE (453 FREMONT STREET) Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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 OCTOBER 23, 2019 457 Ordinance No. G55-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN INDIVIDUAL AND FAMILY SOCIAL SERVICE (453 Fremont Street) WHEREAS, written application has been made requesting conditional use approval to establish a community resource center, an individual and family social service, at 453 Fremont Street; and WHEREAS, the zoning lot with the building containing the premises at 453 Fremont Street is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the PCF Planned Community Facility District established by Ordinance No. G25-01, as amended by Ordinance No. G54-19, and individual and family social service is listed as a conditional use within the PCF Planned Community Facility 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 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 PCF Planned Community Facility 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. OCTOBER 23, 2019 VOLUME LXXXIV 458 Section 2. That a conditional use for a community resource center, an individual and family social service, is hereby granted for the property commonly known as 453 Fremont Street, which is commonly identified by Kane County Property Index Number 06-12-383-011, and legally described as follows: THE NORTH HALF OF THE WEST HALF OF LOT 1 OF SCHOONHOVEN’S ADDITION TO ELGIN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (commonly known as 453 Fremont Street) 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 Wayside Cross Ministries, as applicant, and Bethesda Church of God in Christ, as property owner, received May 17, 2019, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received May 17, 2019; b. A letter Regarding Wayside Cross Ministries Development Application – 453 Fremont Street, prepared by Stephen Silva AIA, LEED AP, dated July 22, 2019; c. Plat of Survey, prepared by Gerald Sopha, registered land surveyor, dated February 19, 1988; d. Bethesda Church Fremont Street Site Improvement Plan, prepared by Scheflow Engineers, dated June 1, 2001, with such further revisions as required by the Community Development Director; e. Basement Plan Sheet 4 of 18, prepared by Scheflow Engineers, last revised June 11, 2011, with such further revisions as required by the Community Development Director; f. First Floor Plan Sheet 5 of 18, prepared by Scheflow Engineers, last revised June 11, 2011, with such further revisions as required by the Community Development Director; g. North and West Elevations plan Sheet 10 of 18, prepared by Scheflow Engineers, dated April 20, 2001, with such further revisions as required by the Community Development Director; and h. South and East Elevations plan Sheet 11 of 18, prepared by Scheflow Engineers, dated April 20, 2001, 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. VOLUME LXXXIV OCTOBER 23, 2019 459 2. The proposed dormitory shall provide overnight sleeping accommodations for maximum of four Resident Assistants who provide 24 hour security and assistance with organizational responsibilities. 3. 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 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G56-19 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. G56-19 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 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 subparagraphs E, H, Q and Z thereof to read as follows: OCTOBER 23, 2019 VOLUME LXXXIV 460 "E. The number of Class B-1 licenses shall not exceed seven (7) in number. H. The number of Class B-4 licenses shall not exceed five (5) in number. Q. The number of Class F licenses shall not exceed eleven (11) in number. Z. The number of Class S licenses shall not exceed five (5) in number." Section 2. That Section 6.06.059 of the Elgin Municipal Code, 1976, as amended, entitled "Off Site Special Event Permit:" be and is hereby amended by amending the introductory paragraph to read as follows: "There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid Class A, A-1, AA, D, E, E-1, E-2, E-3, F, F- 1, K, M, N, O, R, or R-1 license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is twenty five dollars ($25.00). Any special event permit shall also be subject to the following:" Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. 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: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV OCTOBER 23, 2019 461 ORDINANCE S6-19 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2600 HOPPS ROAD) Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. S6-19 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2600 Hopps Road) 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 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 NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2, 1873 AND RECORDED MAY 5, 1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD AS OCCUPIED ON DECEMBER 17, 1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD, 152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED OCTOBER 23, 2019 VOLUME LXXXIV 462 TO WILLIAM P. HILL, 1429.50 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. (Commonly known as 37W080 Hopps Road in unincorporated Kane County. 2600 Hopps Road, City of Elgin address upon annexation). 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, Kane 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: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G57-19 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (2600 HOPPS ROAD) Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. G57-19 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (2600 Hopps Road) 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 CF Community Facility District; and VOLUME LXXXIV OCTOBER 23, 2019 463 WHEREAS, the zoning lot with the building containing the premises at 2600 Hopps Road is legally described herein (the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 5, 2019, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and 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 CF Community Facility 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 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 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: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the CF Community Facility District the following described property: THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2, 1873 AND RECORDED MAY 5, 1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD OCTOBER 23, 2019 VOLUME LXXXIV 464 AS OCCUPIED ON DECEMBER 17, 1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD, 152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1429.50 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. (commonly known as 2600 Hopps Road). Section 3. That the subject property classified in the CF Community Facility District by this ordinance, shall be designed, developed, and operated subject to the following conditions: 4. Substantial conformance to the Development Application submitted by Iglesia Apostolica de la Fe in Cristo Jesus in the United States Inc., as applicant and property owner, received June 10, 2019, and supporting documents including: a. Undated Development Application Statement of Purpose, received June 10, 2019, revised July 15, 2019; b. City of Elgin Petition for Annexation, dated June 8, 2019; c. Plat of Survey, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated May 9, 2019; d. Map of Territory annexed to the City of Elgin, Kane County, Illinois, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated June 10, 2019, last revised July 24, 2019, with such further revisions as required by the City Engineer; and e. Plat of Dedication to the City of Elgin, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated June 10, 2019, last revised July 23, 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. 5. In the event the septic system is found to require any repairs or expansion in the future, the applicant shall connect to the City’s sanitary sewer system. 6. Compliance with all applicable codes and ordinances. 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 VOLUME LXXXIV OCTOBER 23, 2019 465 Presented: October 23, 2019 Passed: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2019 Published: October 25, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-149 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR PUBLIC PURPOSES (2600 HOPPS ROAD-SOUTH 50.0 FEET) Councilmember Martinez made a motion, seconded by Councilmember Dixon, 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. 19-149 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR PUBLIC PURPOSES (2600 Hopps Road-South 50.0 Feet) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for public purposes prepared by Alan J. Coulson, P.C., a Professional Land Surveyor, and dated June 10, 2019, last revised July 23, 2019, for the property legally described as follows: The South 50.0 feet, (as measured perpendicular to the South line thereof), of that part of the Northeast Quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the North line of said Section 32, that is the Northwest corner of the Tract of land conveyed to William P. Hill, by Deed dated May 2, 1873 and recorded May 5, 1873 as Document 1475 in Book 143, page 439; thence Westerly along the North line of said Section 32, 152.40 feet; thence Southerly parallel with the West line of said lands conveyed to William P. Hill, 1430.21 feet to a point on the centerline of a Public Road as occupied on December 17, 1929 that is 152.42 feet Westerly of the Southwest corner of said lands conveyed to William P. Hill; thence Easterly along the centerline of said Public Road, 152.42 feet to the Southwest corner of said lands conveyed to William P. Hill; thence North along the West line of said lands conveyed to William P. Hill, 1429.50 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. OCTOBER 23, 2019 VOLUME LXXXIV 466 BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell 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, August 12 and September 9, 2019 Design Review Subcommittee, August 13, August 27, and September 10, 2019 Board of Health, April 8, 2019 Heritage Commission, September 3, 2019 Liquor Control Commission, August 14, 2019 Planning and Zoning Commission, August 5, 2019 Liquor Tax Revenue Motorfuel Tax Revenue Riverboat Revenue Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Video Gaming Revenue Disbursement Report VOLUME LXXXIV OCTOBER 23, 2019 467 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Lopez made a motion, seconded by Councilmember Gavin, to adjourn meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:04 p.m. s/ Kimberly Dewis November 6, 2019 Kimberly Dewis, City Clerk Date Approved