Loading...
HomeMy WebLinkAboutj - May 26, 2021 CCVOLUME LXXXVI MAY 26, 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 May 26, 2021, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dixon (electronic), Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Absent: Councilmember Steffen. MINUTES OF THE MAY 12, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dixon made a motion, seconded by Councilmember Powell, to approve the May 12, 2021, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. COMMUNICATIONS Anti -Racism Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, people across our country and within our own community are harming others by their words and acts of racism, discrimination and hatred, whether intentional or unintentional such words and acts are unjust; and WHEREAS, Martin Luther King, Jr. wrote "In the end, we will remember not the words of our enemies, but the silence of our friends" and it is only right and moral that we identify, condemn and stand against all forms of racism, discrimination and hatred; and WHEREAS, it is important that we recognize and own our biases, that we are willing to learn from others and educate ourselves, that we listen, that we strive to do better and that we take genuine action to stand against racism, discrimination, and hatred; and 249 MAY 26, 2021 VOLUME LXXXVI WHEREAS, there are many forms of privilege that exist simply because of race, heritage, background and experiences and diversity strengthens us socially, politically, culturally and economically; and WHEREAS, having genuine intent and action to stand against racism, discrimination and hatred is critical to working towards equity, and for all residents to be treated with dignity, respect, compassion and justice. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim that we are committed to promote and embrace diversity, equity and inclusiveness for everyone in our community and encourages residents, local businesses, educators, community and faith -based organizations, City employees, City boards commissions to condemn and stand against racism, discrimination and hatred, to celebrate diversity, and to support, foster and encourage a community spirit that reflects trust and respect for all. IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of May, 2021. David J. Kaptain Mayor National Police Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, in 1962, President John F. Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the calendar week in which May 15 falls as National Police week; and WHEREAS, the members of the Elgin Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Elgin; and WHEREAS, it is important that all citizens know and understand the duties and responsibilities of their law enforcement agency, and that members of our police force recognize their duty to serve the people by safeguarding life and property, defending them against violence or disorder, and protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the City of Elgin honors the valor, service and dedication of the men and women of the Elgin Police Department and salutes the service of each and every one of our Police Officers 250 VOLUME LXXXVI MAY 26, 2021 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do recognize the week of May 9-16, 2021 as National Police Week and further extend appreciation to all law enforcement for the vital services they perform and their exemplary dedication to the community they serve. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of May, 2021. David J. Kaptain Mayor PUBLIC COMMENTS George Rawlinson commented on the service and sacrifice of Master Sergeant Mike McNulty. Mr. Rawlinson noted he would be working for a way to honor Master Sergeant McNulty for his service. Sherry Liske thanked the city for offering opportunity for the public to receive the Covid-19 vaccine. She also asked that the city adopt a welcoming ordinance and noted other local municipalities that had adopted such ordinances. Kevin Zaldivar commented on the Juvenile Violence Intervention and Prevention Program. BID 21-023 AWARDED TO SCHROEDER AND SCHROEDER, INC. FOR 2021 NEIGHBORHOOD SIDEWALK REPAIR PROGRAM Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve an agreement with Schroeder and Schroeder, Inc. for city-wide sidewalk repair in the amount of $332,550 in order to maintain safe infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. BID 21-024 AWARDED TO MARION INC. FOR SNOW MAUSOLEUM RESTORATION AT BLUFF CITY CEMETERY Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a contract to Marion Inc. in the amount of $46,150 to perform necessary repairs on the Snow Mausoleum at Bluff City Cemetery to properly maintain the structure. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. 251 MAY 26, 2021 VOLUME LXXXVI BID 21-025 AWARDED TO SCANLON EXCAVATING AND CONCRETE, INC. FOR LAUREL STREET CULVERT REPLACEMENT PROJECT Councilmember Powell made a motion, seconded by Councilmember Martinez, to award a contract to Scanlon Excavating and Concrete, Inc. in the amount of $155,940 for the Laurel Street Culvert Replacement Project in order to replace failing stormwater infrastructure to reopen Laurel Street roadway. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. BID 21-026 AWARDED TO PERFECT TURF FOR EDWARD SCHOCK CENTRE OF ELGIN PRESCHOOL PLAYGROUND MULCH REMOVAL AND TURF INSTALLATION Councilmember Dixon made a motion, seconded by Councilmember Martinez, to award a contract to Perfect Turf in the amount of $41,250 for mulch removal and turf installation at the Edward Schock Centre of Elgin preschool playground in order to improve the safety and quality of the preschool playground. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. PETITION 24-20 APPROVED FOR 880-900 SUMMIT STREET; PLANNED DEVELOPMENT AS A MAP AMENDMENT TO CONSTRUCT A SIX -BUILDING COMMERCIAL AND RESIDENTIAL MIXED -USE DEVELOPMENT WITH 151 RESIDENTIAL UNITS AND 13,165 SQUARE FEET OF COMMERCIAL SPACE Marc Mylott, Community Development Director, outlined Petition 24-20 for 880-900 Summit Street. The petition allows for a planned development map amendment to construct a six building mixed use development with 151 residential units and 13,165 square feet of commercial space on the ground level. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. There was discussion regarding the traffic impacts on the area and at the intersection near the project location. Also discussed was the expected rent for the residential units and connections to the adjacent properties. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 24-20 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. 252 VOLUME LXXXVI MAY 26, 2021 PETITION 03-21 APPROVED FOR 955 E. CHICAGO STREET; PLANNED DEVELOPMENT AS A MAP AMENDMENT TO ALLOW THE EXPANSION OF SCHOOL DISTRICT U-46 SCHOOL BUS OPERATORS' OFFICES WITH THE DEMOLITION OF A COMMERCIAL BUILDING AND PARKING LOT EXPANSION Marc Mylott, Community Development Director, outlined Petition 03-21 for 955 E. Chicago Street. The petition allows for planned development map amendment. The plan would allow the expansion of the school district bus operator's office and parking lot expansion. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 03-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. PETITION 19-21 APPROVED FOR 200 PRAIRIE STREET AND 127 S. GROVE AVENUE; CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE WITHIN DISCOVERY CHURCH Marc Mylott, Community Development Director, outlined Petition 19-21 for 200 Prairie Street and 127 S. Grove Avenue. The petition allows for a conditional use to establish a commercial event space within Discovery Church. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 19-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 21-86 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR TALL OAKS SUBDIVISION UNIT 3 (THIS ITEM MUST BE REMOVED FROM THE TABLE Councilmember Shaw made a motion, seconded by Councilmember Martinez, to remove Resolution 21-86 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. 253 MAY 26, 2021 VOLUME LXXXVI Resolution No. 21-86 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR TALL OAKS SUBDIVISION UNIT 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision for Tall Oaks Subdivision Unit 3, prepared by Mackie Consultants, LLC, dated May 11, 2018, last revised April 22, 2021. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 26, 2021 Adopted: May 26, 2021 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-87 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ELGIN, ILLINOIS AND THE COUNTY OF KANE, ILLINOIS TO FACILITATE THE OPERATION OF A MASS VACCINATION CLINIC AT 1080 E. CHICAGO STREET, ELGIN, COOK COUNTY, ILLINOIS Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-87 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ELGIN, ILLINOIS AND THE COUNTY OF KANE, ILLINOIS TO FACILITATE THE OPERATION OF A MASS VACCINATION CLINIC AT 1080 E. CHICAGO STREET, ELGIN, COOK COUNTY, ILLINOIS 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 on behalf of the City of Elgin an Intergovernmental Agreement 254 VOLUME LXXXVI MAY 26, 2021 by and between the City of Elgin, Illinois and the County of Kane, Illinois to facilitate the operation of a mass vaccination clinic at 1080 E. Chicago Street, Elgin, Cook County, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 26, 2021 Adopted: May 26, 2021 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. S5-21 and G29-21 and adopt Resolution Nos. 21-80 through 21-85 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 21-80 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS RELATING TO SEWER LINING PROGRAM MANAGEMENT AND SEWER LIFT STATION REHABILITATION Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-80 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS RELATING TO SEWER LINING PROGRAM MANAGEMENT AND SEWER LIFT STATION REHABILITATION 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 255 MAY 26, 2021 VOLUME LXXXVI authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin with Trotter and Associates, Inc., for professional services in connection with various utility division projects relating to sewer lining program management and sewer lift station rehabilitation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 26, 2021 Adopted: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-81 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH STRAND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-81 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO WITH STRAND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Strand Associates, Inc., for professional services in connection with various utility division projects, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 256 VOLUME LXXXVI MAY 26, 2021 Presented: May 26, 2021 Adopted: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-82 ADOPTED AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH GERMAN HERNANDEZ FOR THE PURPOSES OF STORM SEWER SYSTEM REPAIRS (712 E. LAUREL STREET) Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-82 RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH GERMAN HERNANDEZ FOR THE PURPOSES OF STORM SEWER SYSTEM REPAIRS (712 E. Laurel Street) 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 temporary construction easement agreement with German Hernandez for the purposes of storm sewer system repairs, for the property legally described in the temporary construction easement agreement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the temporary construction easement agreement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor 257 MAY 26, 2021 VOLUME LXXXVI Presented: May 26, 2021 Adopted: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-83 ADOPTED AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARIA C. GLORIA GONZALEZ FOR THE PURPOSES OF STORM SEWER SYSTEM REPAIRS (721 E. CHICAGO STREET) Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-83 RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARIA C. GLORIA GONZALEZ FOR THE PURPOSES OF STORM SEWER SYSTEM REPAIRS (721 E. Chicago Street) 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 temporary construction easement agreement with Maria C. Gloria Gonzalez for the purposes of storm sewer system repairs, for the property legally described in the temporary construction easement agreement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the temporary construction easement agreement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor 258 VOLUME LXXXVI MAY 26, 2021 Presented: May 26, 2021 Adopted: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-84 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH RANDALL ROAD HOLDINGS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY AND BIGGERS MOTORS, INC., AN ILLINOIS CORPORATION DB/A BIGGERS MAZDA (2100 N. RANDALL ROAD) Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-84 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH RANDALL ROAD HOLDINGS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY AND BIGGERS MOTORS, INC., AN ILLINOIS CORPORATION D/B/A BIGGERS MAZDA (2100 N. Randall Road, Elgin, Illinois) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and 259 MAY 26, 2021 VOLUME LXXXVI WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 26, 2021 Adopted: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S5-21 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2100 N. RANDALL ROAD) Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. S5-21 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2100 N. Randall 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 260 VOLUME LXXXVI MAY 26, 2021 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: SUBJECT PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2217.13 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 362.14 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD; THENCE SOUTH 00 DEGREES 46 MINUTES 33 SECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 543.35 FEET; THENCE SOUTH O1 DEGREES 29 MINUTES 06 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 156.77 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 38 SECONDS WEST, A DISTANCE OF 611.76 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 56 SECONDS WEST, A DISTANCE OF 481.98 FEET; THENCE SOUTH 45 DEGREES 03 MINUTES 09 SECONDS EAST, A DISTANCE OF 21.21 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST, A DISTANCE OF 146.88 FEET; THENCE EASTERLY ALONG AN ARC OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 87.00 FEET, AN ARC LENGTH OF 68.33 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 67 DEGREES 33 MINUTES 22 SECONDS EAST WITH A CHORD LENGTH OF 66.59 FEET; THENCE SOUTH 45 DEGREES 03 MINUTES 22 SECONDS EAST, A DISTANCE OF 25.24 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF A CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 74.00 FEET, AN ARC LENGTH OF 25.14 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 54 DEGREES 47 MINUTES 22 SECONDS EAST WITH A CHORD LENGTH OF 25.02 FEET: THENCE 261 MAY 26, 2021 VOLUME LXXXVI NORTH 00 DEGREES 03 MINUTES 22 SECONDS EAST, A DISTANCE OF 290.80 FEET TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. (Commonly known as 2100 North Randall Road). 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: May 26, 2021 Passed: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 26, 2021 Published: May 27, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G29-21 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (2100 N. RANDALL ROAD) Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. G29-21 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (2100 North Randall Road) WHEREAS, the territory legally described herein (the "Subject Property") has been annexed to the City of Elgin; and 262 VOLUME LXXXVI MAY 26, 2021 WHEREAS, written application has been made to classify the Subject Property located at 2100 N. Randall Road PAB Planned Area Business District and ARC Arterial Road Corridor Overlay District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 5, 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 classifying certain territory 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 April 5, 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 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 PAB Planned Area Business District the following described property: SUBJECT PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST 263 MAY 26, 2021 VOLUME LXXXVI CORNER OF THE SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2217.13 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 362.14 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD; THENCE SOUTH 00 DEGREES 46 MINUTES 33 SECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 543.35 FEET; THENCE SOUTH O1 DEGREES 29 MINUTES 06 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 156.77 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 38 SECONDS WEST, A DISTANCE OF 611.76 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 56 SECONDS WEST, A DISTANCE OF 481.98 FEET; THENCE SOUTH 45 DEGREES 03 MINUTES 09 SECONDS EAST, A DISTANCE OF 21.21 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST, A DISTANCE OF 146.88 FEET; THENCE EASTERLY ALONG AN ARC OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 87.00 FEET, AN ARC LENGTH OF 68.33 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 67 DEGREES 33 MINUTES 22 SECONDS EAST WITH A CHORD LENGTH OF 66.59 FEET; THENCE SOUTH 45 DEGREES 03 MINUTES 22 SECONDS EAST, A DISTANCE OF 25.24 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF A CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 74.00 FEET, AN ARC LENGTH OF 25.14 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 54 DEGREES 47 MINUTES 22 SECONDS EAST WITH A CHORD LENGTH OF 25.02 FEET: THENCE NORTH 00 DEGREES 03 MINUTES 22 SECONDS EAST, A DISTANCE OF 290.80 FEET TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. (commonly known as 2100 North Randall Road) Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PAB Planned Area Business District, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive 264 VOLUME LXXXVI MAY 26, 2021 requirements provided in Chapter 19.90 "Supplementary Regulations", of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 "General Provisions", of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 "Zoning Districts", of the Elgin Municipal Code, as amended. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB Planned Area Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned area business district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 "Land Use", of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] this PAB Planned Area Business District: Permitted Uses 1. Retail Trade Division Motor vehicle dealers (5994) 2. Services Division Car washes [SR] (7542) upon Lot 1, in so long as it is located immediately west of the dealership building and provided that such car wash building does not extend north or south of the northern- or southern -most exterior walls of the dealership building respectively. To be certain, said car wash building shall not front Randall Road, it shall not have direct access to Randall Road, and it shall not have its own free-standing sign(s) at any location. Said car wash building shall be designed of building materials that are consistent with those building materials of the dealership building. Conditional Uses There shall be no permitted "conditional uses" [SR] in this PAB Planned Area Business District: G. Site Design. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12, "Site 265 MAY 26, 2021 VOLUME LXXXVI Design", of the Elgin Municipal Code, as amended, Section 19.35.435 "Site Design" for AB Area Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application submitted by James Leichter, as applicant, and Randall Road Holdings LLC, as property owner, received March 12, 2021, and supporting documents including: a. Letter from Biggers Motors, Inc. d/b/a Biggers Mazda regarding "The Property Located at 15N440 N. Randall Road Currently Located within the Corporate Boundaries of Sleepy Hollow", received February 24, 2020; b. Plat of Survey, prepared by Terra Technology Land Surveying, Inc., dated November 4, 2020; c. Plat of Disconnection from the Village of Sleepy Hollow, prepared by Terra Technology Land Surveying, Inc., dated November 4, 2020; d. Plat of Annexation to the City of Elgin, prepared by Terra Technology Land Surveying, Inc., dated November 4, 2020, last revised May 18, 2021, with such further revisions as required by the Community Development Director; e. Final Plat of Subdivision Biggers Subdivision, prepared by Terra Technology Land Surveying Inc., dated November 4, 2020, last revised April 28, 2021, with such further revisions as requested by the City Engineer; f. Plat of Easement, prepared by Terra Technology Land Surveying Inc., dated November 4, 2020, with such further revisions as requested by the City Engineer; g. Biggers Chevrolet Mazda landscape plan, prepared by Ware Landscaping, dated February 19, 2021, last revised May 12, 2021, with such further revisions as requested by the Community Development Director; h. Biggers Mazda, Elgin, IL photometrics plan, prepared by KSA Lighting and Controls, dated May 14, 2021, witch such further revisions as requested by the Community Development Director; i. Four -page architectural plans for Biggers Mazda Elgin Auto Mall - Lot 6 Elgin, IL, including Sheets: A00.10, A02.01, A04.01, and A04.02, prepared by Simon Design Group, LLC, dated February 19, 2021, last revised March 19, 2021, with such further revisions as requested by the Community Development Director; j. Undated Seven -page signage plans prepared by Meyer Signs & Graphics, received February 23, 2021, with such further revisions as requested by the Community Development Director; and k. Final Engineering Plans for Biggers Mazda Dealership Elgin, Illinois, prepared by RWG Engineering, LLC, dated February 3, 2021, last revised April 22, 2021, with such further revisions as requested by the City Engineer. 266 VOLUME LXXXVI MAY 26, 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. 2. A departure is hereby granted to construct the vehicle use areas on Lot 1 with the minimum vehicle use area interior yard setback of 5 feet. 3. A departure is hereby granted to construct the refuse collection area on Lot 1 with the minimum interior yard setback of 5 feet. 4. A departure is hereby granted to install all required vehicle use area landscape yard and vehicle use area interior landscape yard trees and shrubs in alternate locations from those required by the zoning ordinance in compliance with Biggers Chevrolet Mazda landscape plan, prepared by Ware Landscaping, dated February 19, 2021, last revised May 12, 2021, with such further revisions as requested by the Community Development Director. 5. A departure is hereby granted to construct the proposed building with a maximum of 52% of non -masonry exterior building materials per building elevation. 6. A departure is hereby granted to construct the stormwater detention facilities with side slopes greater than 4:1. 7. The location and design of vehicular access to the property and the associated Randall Road right-of-way is subject to the review and approval of the Kane County Division of Transportation. 8. If there are any conflicts between the Site Geometric and Paving Plan, prepared by RWG Engineering, LLC, dated February 3, 2021, last revised April 22, 2021 ("Site Geometric and Paving Plan") and any other plans and documents provided with the application materials submitted as part of Petitions 09-21, 13- 21, and 14-21, the "Site Geometric and Paving Plan" shall control and prevail. A stand-alone car wash building is permitted upon Lot 1 in so long as it is located immediately west of the dealership building and provided that said car wash building does not extend north or south of the northern- or southern -most exterior walls of the dealership building respectively. To be certain, said car wash building shall not front Randall Road, it shall not have direct access to Randall Road, and it shall not have its own free-standing sign(s) at any location. Said car wash building shall be designed of building materials that are consistent with those building materials of the dealership building. 9. Compliance with all applicable codes and ordinances. 267 MAY 26, 2021 VOLUME LXXXVI H. Off Street Parking. In this PAB Planned Area Business District, off-street parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of the Elgin Municipal Code, as amended. I. Off Street Loading. In this PAB Planned Area Business District, off-street loading shall be subject to the provisions of Chapter 19.47 "Off Street Loading", of the Elgin Municipal Code, as amended. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following: 1. A departure is hereby granted to construct one directional graphic 7 feet high and 35.41 square feet in sign surface area not including the masonry base, on Lot 1 in rear of the existing building, three monument/directional graphics on Lot 4 in substantial conformance with undated Seven -page signage plans, prepared by Meyer Signs & Graphics, received February 23, 2021, with such further revisions as requested by the Community Development Director. K. Nonconforming Uses and Structures. In this PAB Planned Area Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 "Nonconforming Uses and Structures" of the Elgin Municipal Code, as amended. L. Amendments. In this PAB Planned Area Business District, text and map amendments shall be subject to the provisions of Chapter 19.55 "Amendments" of the Elgin Municipal Code, as amended M. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PAB zoning district. N. Conditional Uses. In this PAB Planned Area Business District, conditional uses shall be subject to the provisions of Chapter 19.65 "Conditional Uses", of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PAB zoning district. O. Variations. In this PAB Planned Area Business District, variations shall be subject to the provisions of Chapter 19.10.500 "Authorized Land Use Variations", Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70 "Variations", of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district. 268 VOLUME LXXXVI MAY 26, 2021 P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance maybe appealed subject to the provisions of Chapter 19.75 "Appeals", of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 26, 2021 Passed: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 26, 2021 Published: May 27, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-85 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH BIGGERS MOTORS, INC. AN ILLINOIS CORPORATION DB/A BIGGERS MAZDA (2100 N. RANDALL ROAD) Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-85 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH BIGGERS MOTORS, INC., AN ILLINOIS CORPORATION D/B/A BIGGERS MAZDA (2100 N. Randall Road) 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 Economic Incentive Agreement on behalf of the City of Elgin with Biggers Motors, Inc., an Illinois corporation d/b/a Biggers Mazda, for economic development 269 MAY 26, 2021 VOLUME LXXXVI assistance in connection with the development of 2100 N. Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 26, 2021 Adopted: May 26, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. Cultural Arts Commission, April 12, 2021 Emergency Telephone System Board, April 15, 2021 Heritage Commission, Design Review, March 23, April 13 & 27, 2021 Human Relations Commission, April 13, 2021 Retiree Health Insurance Trust Board, February 1, 2021 Committee of the Whole, April 28, 2021 City Council Minutes, April 28, 2021 Riverboat Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. 270 VOLUME LXXXVI MAY 26, 2021 ADJOURNMENT Councilmember Martinez made a motion, seconded by Councilmember Thoren, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:55 p.m. s/ Kimberly Dewis Kimberly Dewis, City Clerk 271 June 9, 2021 Date Approved