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HomeMy WebLinkAboutg - April 14, 2021 CCVOLUME LXXXVI APRIL 44, 2021 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 April 14, 2021, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:17 p.m. The Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. All members, with the exception of Councilmembers Martinez, Shaw, Steffen, and Mayor Kaptain, attended via electronic means. This was allowed at this time granted by Governor Pritzker's Executive Order 2020-07. MINUTES OF THE MARCH 24, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve the March 24, 2021, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Earth Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection, and appreciation of our nation's natural resources; and WHEREAS, the City of Elgin has demonstrated its commitment to the environment through adoption of the Sustainability Action Plan on August 10, 2011 and declaring a Climate Emergency Resolution on June 10, 2020; and 169 APRIL 14, 2021 VOLUME LXXXVI WHEREAS, the City of Elgin Sustainability Commission continues to implement the Sustainability Action Plan and sponsor events focused on educating the community; and WHEREAS, the City of Elgin will host an Earth Day Event at Hawthorne Hill Nature Center on Saturday, April 17 to educate the community on ways to conserve, recycle, protect our planet and reduce our impact; and WHEREAS, the City of Elgin Sustainability Commission will sponsor a virtual video series for Earth Day of informative videos highlighting local community groups and individuals on their green and sustainable efforts and opportunities that are available to Elgin residents. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim April 22, 2021 as Elgin Earth Day, and urge all citizens to be mindful of laws which protect our environment and to join in efforts to preserve the beauty and diversity of our planet Earth. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of April, 2021. David J. Kaptain Mayor National Public Safety Telecommunicators Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, each day, thousands of Americans dial 9-1-1 for help in emergencies and the men and women who answer these calls for help, gathering essential information and dispatching the appropriate assistance, can often make the difference between life and death for persons in need; and WHEREAS, the City of Elgin's Public Safety Telecommunicators are among the more than 200,000 telecommunications specialists who work daily to protect and to promote public safety; and WHEREAS, Public Safety Telecommunicators are more than a calm and reassuring voice at the other end of the phone, they are knowledgeable and highly trained individuals who not only work closely with the Police and Fire Departments, but numerous other State and local agencies as well as other departments within the City; and WHEREAS, because emergencies can strike at any time, we rely on the vigilance and the preparedness of these individuals 24 hours a day, 365 days a year; and 170 VOLUME LXXXVI APRIL 14, 2021 WHEREAS, the City of Elgin recognizes the need to maintain the highest standards of public safety, and we owe a great debt to the men and women who, by applying their expertise in telecommunications, help to make that achievement possible. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, on behalf of the entire City Council and Staff, do hereby proclaim April 11 to April 27, 2021 as National Public Safety Telecommunicators Week and we acknowledge that debt of appreciation and extend a heartfelt thank you to each of them. IN WITNESS WHEREOF, I have hereunto set my hand this 141h day of April, 2021. David J. Kaptain Mayor PUBLIC COMMENTS Eugene Wesley commented on the proposed contract with Vector for mosquito spraying. He outlined the issues he experienced and stated they did not have a valid state license. BID 21-006 AWARDED TO TAZA SUPPLIES FOR EDWARD SCHOCK CENTRE OF ELGIN WINDOW TREATMENTS Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve a contract with Taza Supplies in the amount of $36,200 to furnish and install window treatments. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 21-010 AWARDED TO PRECISION PAVEMENT MARKINGS, INC. FOR THE 2021 PAVEMENT MARKING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Martinez, to award the 2021 Pavement Marking Program to Precision Pavement Markings, Inc. in the amount of $267,778 to provide clear traffic guidance on City maintained roads. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 171 APRIL 14, 2021 VOLUME LXXXVI BID 21-011 AWARDED TO OZINGA READY MIX CONCRETE FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to authorize the purchase of Portland cement concrete from Ozinga Ready Mix Concrete under a unit price structure not to exceed $60,000 during fiscal year 2021 in order to provide public works with the materials necessary to repair and replace areas of streets, sidewalks, curb and gutter. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 21-012 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF BITUMINOUS ASPHALT PATCHING MIXTURES GROUPS I AND II Councilmember Shaw made a motion, seconded by Councilmember Martinez, to authorize the purchase of bituminous patching mixtures Group I and Group II from Plote Construction, Arrow Road, Curran Contracting and TAZA Supplies in the designated amounts shown on Attachment A in the memo provided to Council, not to exceed a combined $150,900 in order to provide the public works department the materials necessary to repair and replace asphalt infrastructure under programmed maintenance initiatives. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 21-013 AWARDED TO NIF FENCE, LLC TO FURNISH AND INSTALL DUGOUT FENCING AT THE ELGIN SPORTS COMPLEX Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve a contract with NIF Fence, LLC in the amount of $57,245 to increase participant safety by replacing the existing dugout fencing at the Elgin Sports Complex. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 21-59 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE BOWES CREEK COUNTRY CLUB PHASE III SUBDIVISION Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dixon abstained. 172 VOLUME LXXXVI APRIL 14, 2021 Resolution No. 21-59 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE BOWES CREEK COUNTRY CLUB PHASE III SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the Bowes Creek Country Club Phase III Subdivision. Acceptance of the public improvements will add the following city maintained facilities: 72 lineal feet of 6-inch watermain, 4,213 lineal feet of 8-inch watermain, 2,166 lineal feet of 12-inch watermain, eleven 8-inch valves in 4-foot valve vaults, five 12-inch valves in 5-foot valve vaults, 19 fire hydrants with auxiliary valves, 4,968 lineal feet of 8-inch sanitary sewer, 28 sanitary manholes and their appurtenances to the City maintained facilities. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-60 ADOPTED RATIFYING THE EXECUTION OF A GRANT AGREEMENT WITH ALIGNMENT COLLABORATIVE FOR EDUCATION, INC. Councilmember Steffen 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, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Resolution No. 21-60 RESOLUTION RATIFYING THE EXECUTION OF A GRANT AGREEMENT WITH ALIGNMENT COLLABORATIVE FOR EDUCATION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a grant agreement by Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, with Alignment Collaborative for Education, Inc., 173 APRIL 14, 2021 VOLUME LXXXVI to provide funding and to support the City's strategic goal as a "City of Choice" in the adopted 2018-2022 Strategic Principles and Priorities, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-61 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING JURISDICTIONAL BOUNDARIES WITH THE VILLAGE OF SLEEPY HOLLOW Councilmember Steffen 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. 21-61 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SLEEPY HOLLOW 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 Amendment To Intergovernmental Agreement by and between the City of Elgin and the Village of Sleepy Hollow regarding jurisdictional boundaries, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 174 VOLUME LXXXVI APRIL 14, 2021 Presented: April 14, 2021 Adopted: April 14, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-62 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE SALVATION ARMY REGARDING CERTAIN CONTRACT SERVICES RELATING TO THE CITY'S TEMPORARY UTILITY ASSISTANCE PROGRAM There was further discussion regarding other sources of assistance and the qualifications for the programs. Councilmember Rauschenberger made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Shaw. Resolution No. 21-62 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE SALVATION ARMY REGARDING CERTAIN CONTRACT SERVICES RELATING TO THE CITY' S TEMPORARY UTILITY ASSISTANCE PROGRAM 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 Purchase of Service Agreement on behalf of the City of Elgin with The Salvation Army regarding certain contract services relating to the City's Temporary Utility Assistance Program, a copy of which is attached hereto and made a part hereof by reference. Presented: April 14, 2021 Adopted: April 14, 2021 Vote: Yeas: 7 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 175 s/ David J. Kaptain David J. Kaptain, Mayor APRIL 14, 2021 VOLUME LXXXVI ORDINANCE S2-21 PASSED PROVIDING FOR THE ISSUANCE OF $7,720,000 GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS OF SAID CITY, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON SAID BONDS, AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT IN CONNECTION WITH THE ISSUE OF SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S2-21 IS ON FILE IN THE CITY CLERK'S OFFICE. ORDINANCE S3-21 PASSED PROVIDING FOR THE ISSUANCE OF $9,280,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF FINANCING WATER AND SEWER UTILITY PROJECTS IN AND FOR THE CITY, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF Councilmember Martinez made a motion, seconded by Councilmember Shaw, 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 S3-21 IS ON FILE IN THE CITY CLERK'S OFFICE. CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G18-21 through G22-21 and adopt Resolution Nos. 21-54 through 21-58 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 176 VOLUME LXXXVI APRIL 14, 2021 RESOLUTION 21-54 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GALLS, LLC FOR POLICE DEPARTMENT UNIFORMS AND EQUIPMENT Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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. 21-54 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GALLS, LLC FOR POLICE DEPARTMENT UNIFORMS AND EQUIPMENT 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 Galls, LLC for Police Department uniforms and equipment, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-55 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAROLD BECK & SONS, INC. FOR THE PROCUREMENT OF FILTER VALVES FOR THE LEO NELSON RIVERSIDE AND THE AIRLITE WATER TREATMENT PLANTS Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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. 177 APRIL 14, 2021 VOLUME LXXXVI RESOLUTION Resolution No. 21-55 AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAROLD BECK & SONS, INC. FOR THE PROCUREMENT OF FILTER VALVES FOR THE LEO NELSON RIVERSIDE AND THE AIRLITE WATER TREATMENT PLANTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Harold Beck & Sons, Inc. for the procurement of filter valves for the Leo Nelson Riverside and the Airlite Water Treatment Plants, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-56 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR DESIGN ENGINEERING AND COST ESTIMATING SERVICES FOR ROADWAY IMPROVEMENTS REGARDING THE ALFT LANE AND RANDALL ROAD INTERSECTION IMPROVEMENT PROJECT Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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. 178 VOLUME LXXXVI APRIL 14, 2021 RESOLUTION Resolution No. 21-56 AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR DESIGN ENGINEERING AND COST ESTIMATING SERVICES FOR ROADWAY IMPROVEMENTS REGARDING THE ALFT LANE AND RANDALL ROAD INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for design engineering and cost estimating services for roadway improvements regarding the Alft Lane and Randall Road 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: April 14, 2021 Adopted: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-57 ADOPTED AUTHORIZING TERMINATION OF A PURCHASE AGREEMENT WITH ONE SENSE, LLC FOR PARKAWARE SMART PARKING MANAGEMENT PLATFORM Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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. 179 APRIL 14, 2021 VOLUME LXXXVI Resolution No. 21-57 RESOLUTION AUTHORIZING TERMINATION OF A PURCHASE AGREEMENT WITH ONE SENSE, LLC FOR PARKAWARE SMART PARKING MANAGEMENT PLATFORM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the January 9, 2019, purchase agreement between the City of Elgin and One Sense, LLC relating to a ParkAware Smart Parking Management Platform, be and is hereby terminated with the City of Elgin fully reserving all of its rights and remedies with respect to this matter. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-58 ADOPTED AUTHORIZING TERMINATION OF AN AGREEMENT WITH BENEFICIAL REUSE MANAGEMENT, LLC FOR LIME RESIDUAL REMOVAL SERVICES Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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. 21-58 RESOLUTION AUTHORIZING TERMINATION OF AN AGREEMENT WITH BENEFICIAL REUSE MANAGEMENT, LLC FOR LIME RESIDUAL REMOVAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin's agreement with Beneficial Reuse Management, LLC dated January 28, VOLUME LXXXVI APRIL 14, 2021 2015, as amended, be and is hereby terminated, and the City of Elgin hereby fully reserves all of its rights and remedies regarding this matter. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G18-21 PASSED RECLASSIFYING TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT TO RC3 RESIDENCE CONSERVATION DISTRICT (105-115 NORTH GIFFORD STREET) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G18-21 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT TO RC3 RESIDENCE CONSERVATION DISTRICT (105-115 North Gifford Street) WHEREAS, written application has been made to reclassify certain property located at 105-115 North Gifford Street from CF Community Facility District to RC3 Residence Conservation District; and WHEREAS, the zoning lot containing the premises at 105-115 North Gifford Street is legally described herein (the "Subject Property"); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 7, 2020 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 181 APRIL 14, 2021 VOLUME LXXXVI WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application; 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 map amendment from CF Community Facility District to RC3 Residence Conservation 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 December 7, 2020, 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 RC3 Residence Conservation District the following described property: Lots 1, 2 and 3 in Block 2 of Hinsdell's Addition to Elgin, in the City of Elgin, Kane County, Illinois. (commonly known as 105-115 North Gifford Street). 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 182 VOLUME LXXXVI APRIL 14, 2021 Presented: April 14, 2021 Passed: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: April 14, 2021 Published: April 15, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G19-21 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RC3 RESIDENCE CONSERVATION DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (105-115 NORTH GIFFORD STREET) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G19-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RC3 RESIDENCE CONSERVATION DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (105-115 North Gifford Street) WHEREAS, written application has been made requesting conditional use approval for a planned development for adaptive re -use of the existing building as a single-family detached dwelling with certain departures from the Elgin zoning ordinance at 105-115 North Gifford Street; and WHEREAS, the zoning lot containing the premises at 105-115 North Gifford Street is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the RC3 Residence Conservation District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 7, 2020, 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 183 APRIL 14, 2021 VOLUME LXXXVI 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 RC3 Residence Conservation 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 December 7, 2020, 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 planned development for adaptive re -use of the existing building as a single-family detached dwelling with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 105-115 North Gifford Street, and commonly identified by Kane County Property Index Number 06-13-180-013, and legally described as follows: Lots 1, 2 and 3 in Block 2 of Hinsdell's Addition to Elgin, in the City of Elgin, Kane County, Illinois. (commonly known as 105-115 North Gifford 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 Sam and Ramona Jones as applicants and property owners, received October 16, 2020, and supporting documents including: a. Letter of Intent: 105 North Gifford Street, from Sam Jones Sr., dated November 10, 2020; b. Plat of Survey, prepared by Gerald L. Heinz & Associates, Inc., dated August 24, 2020; c. Existing First Floor Plan, prepared by Perry Consulting, dated October 13, 2020; d. Existing Second Floor Plan, prepared by Perry Consulting, dated October 13, 2020; VOLUME LXXXVI APRIL 14, 2021 e. Undated plan "105 N. Gifford Street Elgin 60120", received November 13, 2020; 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 maximum residential floor area of 16,455 square feet for the proposed single-family residence. 3. A departure is hereby granted to allow the maximum building coverage of 12,059 square feet for the proposed single-family residence. 4. A departure is hereby granted to permit a residential parking area without an accessory parking garage. 5. The applicants shall remove the existing nonconforming chain link fence in the street yards along Gifford Street, Division Street, and Hindsdell Place by August 1, 2021. 6. The applicant shall remove boards from all existing windows on the building by August 1, 2021. 7. 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. Presented: April 14, 2021 Passed: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: April 14, 2021 Published: April 15, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 185 s/ David J. Kaptain David J. Kaptain, Mayor APRIL 14, 2021 VOLUME LXXXVI ORDINANCE G20-21 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (77 RIVERSIDE DRIVE, UNIT 1) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G20-21 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (77 Riverside Drive, Unit 1) WHEREAS, written application has been made requesting conditional use approval to establish a commercial event space for activities pertaining to assembly of people at 77 Riverside Drive, Unit 1; and WHEREAS, the zoning lot with the building containing the premises at 77 Riverside Drive, Unit 1 is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a commercial event space for activities pertaining to assembly of people is listed as a conditional use within the CC Center City District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on March 1, 2021 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 CC Center City District pertains to the government and affairs of the city. VOLUME LXXXVI APRIL 14, 2021 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 March 1, 2021, 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 commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 77 Riverside Drive, Unit 1, which is part of the property commonly identified by Kane County Property Index Number 06-14-433-030, and legally described as follows: Lot 12 (except the northerly 4 feet thereof and except that part lying westerly of the easterly line of Riverside Avenue) in Block 21 of the original town of Elgin on the east side of the Fox River, in the City of Elgin, Kane County, Illinois. (commonly known as 77 Riverside Drive and 76 S. Grove Avenue) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 8. Substantial conformance to the Development Application submitted by Vern's Tavern (Jamie Berry), as applicants, and Cuming Holdings LLC, as property owner, received January 11, 2021 and supporting documents including: a. Statement of Purpose, received October 16, 2020; b. Plat of Survey, prepared by Exacta Illinois Surveyors, dated April 19, 2018; c. Combined Main Floor Plan, Sheet AE-1, prepared by Cobu Architecture Studio, dated February 22, 2021, with such further revisions as required by the Community Development Director; and d. 77 Riverside Main Floor Plan, Sheet AE-2, prepared by Cobu Architecture Studio, dated February 22, 2021, 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. 9. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners, Breakout Session, Round -Table Discussions, and/or Workshops; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Beer, Wine, Liquor, and/or Food Tastings; 187 APRIL 14, 2021 VOLUME LXXXVI f. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs; g. Conferences, Conventions, and/or Seminars; h. Colloquiums; i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; j. Corporate and/or Non-profit Events; k. Couples Night Out Events; 1. Dance Classes, including but not limited to Zumba; m. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes: n. Exhibitions, including but not limited to Art Shows; o. Expositions; p. Fairs and/or Festivals; q. Fundraisers; r. Funeral Services; s. Galas; t. Gallery Displays, including but not limited to works of art, either temporary or permanent; u. Holiday Parties; v. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance -oriented events; w. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; x. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; y. Networking Events; z. Plenary or General Sessions; aa. Political Events; bb. Press Conferences; cc. Product Launch Events; dd. Receptions; ee. Retreats and Team Buildings Events; ff. Sip and Paint Nights; gg. Social Events; hh. Symposiums; ii. Themed Events; J. Vendor Fairs (Small Local Vendors); kk. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and 11. Other like assemblies of people. 10. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off -site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and VOLUME LXXXVI APRIL 14, 2021 regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off - site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 11. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 "Noise" of the Elgin Municipal Code, 1976 as amended. 12. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Passed: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: April 14, 2021 Published: April 15, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G21-21 PASSED AMENDING ORDINANCE NO. G78-01 WHICH CLASSIFIED NEWLY ANNEXED TERRITORY AS PAB PLANNED AREA BUSINESS DISTRICT (1700 NORTH STATE STREET) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 14, 2021 VOLUME LXXXVI Ordinance No. G21-21 AN ORDINANCE AMENDING ORDINANCE NO. G78-01 WHICH CLASSIFIED NEWLY ANNEXED TERRITORY AS PAB PLANNED AREA BUSINESS DISTRICT (1700 North State Street) WHEREAS, the territory herein described has been classified in the PAB Planned Area Business District, and is subject to the requirements of Ordinance No. G78-01; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G78-01, to allow for the construction of diesel/truck fueling station as part of the existing motor vehicle service station at 1700 North State Street; and WHEREAS, the zoning lot containing the premises at 1700 North State Street is legally described as "Proposed Lot 1" and "Proposed Lot 3" in Ordinance No. G78-01 (the "Subject Property"); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 1, 2021 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 PAB Planned Area Business District established by Ordinance No. G78-01, 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 March 1, 2021, 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. 190 VOLUME LXXXVI APRIL 14, 2021 Section 2. That Section 2 E. of Ordinance No. G78-01, which regulates "Land Use" in the PAB Planned Area Business District of the Subject Property, is hereby amended to include the following additional uses as a permitted use in the PAB District: Services Division. 2. "Motor vehicle service stations" [SR] (554) Miscellaneous Uses Division. 16. "Accessory package liquor sales establishment" [SR] (UNCL) Section 3. That Section 2. F. of Ordinance No. G78-01, which regulates "Site Design", in the PAB Planned Area Business District of the Subject Property, is hereby amended to include the following additional conditions: In this PAB Planned Area Business District, except as otherwise provided for herein, the use and development of the Subject Property shall be subject to the following additional conditions: 7. Substantial conformance to the Development Application submitted by CIMA Developers LP, as applicant, and Andoro LLC and Edward H. Stern Trust, as property owners received January 4, 2021, and supporting documents including: a. A letter from CIMA Developers regarding: "1700-1730 North State Street - Planned Development", dated December 20, 2020; b. A letter from Urban Forestry Management regarding: "Tree Protection Plan, 1700 N State Street Elgin, IL" dated December 15, 2020; c. ALTA/ACSM Land Title Survey, prepared by Design Surveys, LLC, dated October 13, 2009, last revised December 11, 2009; d. ALTA/ACSM Land Title Survey, prepared by Dale Floyd Land Surveying L.L.C., dated January 8, 2016; e. The landscape plans, including Sheet L1.0, L1.1, L1.2, L1.3, prepared by Heller & Associates, LLC, dated February 19, 2021, with such further revisions as required by the Community Development Director; f. Two -page "Over -the -roadway" graphics titled Sign A and Sign B, prepared by Parvin-Claus Sign Company, with the last revision date September 1, 2020, with such further revisions as required by the Community Development Director; g. Two -page canopy illumination plans, prepared by Big Red Rooster Flow, LLC, dated January 7, 2020, with such further revisions as required by the Community Development Director; 191 APRIL 14, 2021 VOLUME LXXXVI h. One -page monument graphic plan, prepared by Parvin-Claus Sign Company, with the last revision date February 16, 2021, with such further revisions as required by the Community Development Director; i. Site Development Plan, Sheet C-3.0, prepared by WT Group, with the last revision date March 10, 2021, with such further revisions as required by the City Engineer; j. Site engineering plans titled "Pride of Elgin 1700 N State Street Elgin, Illinois 60123", excluding Sheet C-3.0, prepared by WT Group, with the last revision date February 19, 2021, with such further revisions as required by the City Engineer; and k. A photometric plan titled "Pride Diesel Canopy 1700 N State St Elgin, IL", prepared by LSI, dated May 4, 2016, last revised March 8, 2021. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 8. A departure is hereby granted to allow the construction of the vehicle use area for the new diesel/truck fueling stations with the minimum vehicle use area interior yard setback of 4.53 feet from the south property line. 9. A departure is hereby granted to allow the construction of the vehicle use area for the new diesel/truck fueling stations with the minimum transition landscape yard of 15.9 feet. 10. A "No -right turn for trucks" sign shall be installed in the landscape island northeast of the convenience store building for vehicles traveling eastbound. 11. The support columns for the new diesel/truck fueling canopy shall be designed to include full height brick masonry to match the masonry of the building and the front canopy design. 12. The masonry base of the "over -the -roadway signs" shall match the color of the masonry on the convenience store building. 13. The photometric plan shall meet all zoning ordinance lighting standards. 14. Compliance with all applicable codes and ordinances. Section 4. That Section 2. I. of Ordinance No. G78-01, which regulates "Signs" is hereby amended to include the following additional conditions: In this PAB Planned Area Business District, except as otherwise provided for herein, the use and development of the Subject Property shall be subject to the following additional conditions: 192 VOLUME LXXXVI APRIL 14, 2021 1. A departure is hereby granted to allow the construction of two over -the -roadway graphics with the maximum height of 21.5 feet and 190 square feet in total sign surface area each. 2. A departure is hereby granted to allow the construction of a monument graphic with the maximum height of 12.7 feet and 123.74 square feet of total sign surface area. 3. A departure is hereby granted to allow the installation of a single LED light line in the middle of the proposed canopy on the south, north, and east sides of the canopy. Section 5. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G78-01. In the event of any conflict between this ordinance, Ordinance No. G78-01, this ordinance and associated documents shall control and prevail. Section 6. 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: April 14, 2021 Passed: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: April 14, 2021 Published: April 15, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G22-21 PASSED GRANTING A CONDITIONAL USE FOR A SPECIAL TRADE CONTRACTOR'S OFFICE AND WAREHOUSE FACILITY IN THE PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G88-04 (400 AIRPORT ROAD, UNIT E) Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 193 APRIL 14, 2021 VOLUME LXXXVI Ordinance No. G22-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A SPECIAL TRADE CONTRACTOR'S OFFICE AND WAREHOUSE FACILITY IN THE PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE No.G88-04 (400 Airport Road, Unit E) WHEREAS, written application has been made requesting conditional use approval to establish a special trade contractor's office and warehouse facility, at 400 Airport Road, Unit E; and WHEREAS, the zoning lot with the building containing the premises at 400 Airport Road, Unit E is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the PAB Planned Area Business District established by Ordinance No. G88-04, and a special trade contractor's office and warehouse facility is listed as a conditional use within the PAB Planned Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 1, 2021 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 PAB Planned Area Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 1, 2021, and the recommendations made by the Community Development 194 VOLUME LXXXVI APRIL 14, 2021 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 special trade contractor's office and warehouse facility, is hereby granted for the property commonly known as 400 Airport Road, Unit E, which is part of the property commonly identified by Kane County Property Index Numbers 03-34-327- 003; 03-34-421-041; 03-34-421-040; 03-34-421-039; 03-34-421-038, and legally described as follows: Lots 1 through 5, inclusive in the River Ridge Business Center being a resubdivision of Lot 3 in the Elgin -O'Hare Business Center, being a subdivision of part of the south half of Section 34, Township 42 north, Range 8, east of the Third Principal Meridian according to the plat thereof recorded November 22, 2004 as document number 2004K150868 in the Township of Dundee, Kane County, Illinois Commonly known as 400 Airport Road Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 13. Substantial conformance to the Development Application submitted by Peter C. Bazos, Esq., with Duke's Root Control as applicant, and Life Storage Centers LLC, as property owner, received February 8, 2021 and supporting documents including: a. Undated Rider Statement of Purpose and Conformance For Conditional Use received February 8, 2021; b. Undated Elevation Image of tenant space; received February 8, 2021; c. Undated Existing Floor Plans, received February 8, 2021; d. Proposed floor plan titled "400 E Airport Road Duke's Root Control, dated February 1, 2021; and e. Undated Narrative of Business Operation, received February 8, 2021. 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. 14. All service equipment, service vehicles, and any equipment materials shall be stored inside the building. No storage of any service equipment, service vehicles, or equipment materials may be stored on the exterior of the premises. 15. All street graphics must comply with the zoning ordinance requirements. 16. Compliance with all applicable codes and ordinances. 195 APRIL 14,2021 VOLUME LXXXVI 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: April 14, 2021 Passed: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: April 14, 2021 Published: April 15, 2021 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. Heritage Commission, January 5, and March 2, 2021 Design Review Subcommittee, March 9, 2021 Parks and Recreation Board, January 26, 2021 Committee of the Whole, March 10, 2021 City Council Minutes, March 10, 2021 Sales Tax Revenue Telecommunication Tax Revenue Electricity Tax Revenue Natural Gas Tax Revenue Cannabis Revenue Video Gaming Revenue Riverboat Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXXVI APRIL 14, 2021 ADJOURNMENT Councilmember Martinez made a motion, seconded by Councilmember Shaw, to adjourn the 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 7:50 p.m. s/ Kimberly Dewis Kimberly Dewis, City Clerk 197 April 28, 2021 Date Approved