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HomeMy WebLinkAboutk - June 9, 2021 CCJUNE 9, 2024 VOLUME LXXXVI 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 June 9, 2021, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Pledge of Allegiance was led by Fire Chief Robb Cagann. ROLL CALL Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 26, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dixon made a motion, seconded by Councilmember Martinez, to approve the May 26, 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. Councilmember Steffen abstained. COMMUNICATIONS Juneteenth Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, declaring the slaves in Confederate territory free, paving the way for the passing of the 131h Amendment which formally abolished slavery in the United States of America; and WHEREAS, word about the signing of the Emancipation Proclamation was intentionally delayed some two and one half years, to June 19, 1865, in reaching authorities and African - Americans in the South and Southwestern United States; and WHEREAS, June 19th has a special meaning to African -Americans, and is called "JUNETEENTH" combining the words June and Nineteenth, and has been celebrated by the African -American community for over 150 years; and 272 VOLUME LXXXVI JUNE 9, 2021 WHEREAS, Juneteenth observations are held throughout the nation and is a symbolic date representing African -American freedom, equal rights and unity in the USA. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim June 19 as JUNETEENTH in the City of Elgin, and urge all citizens to become more aware of the significance of this celebration in African -American history and in the heritage of our nation and City. IN WITNESS WHEREOF, I have hereunto set my hand this 91h day of June, 2021. David J. Kaptain Mayor Charles Gruber Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, as part of a long and distinguished law enforcement career Charles A. Gruber provided outstanding services to our community as Police Chief for the City of Elgin from 1990 to 1998; and WHEREAS, Mr. Gruber began his law enforcement as a police officer in Addison and served as Police Chief in Quincy, Illinois from 1976 to 1986, in Shreveport, Louisiana from 1987 to 1990; the City of Elgin from 1990 to 1998; and South Barrington, Illinois from 1999 to 2008; and WHEREAS, as Police Chief with the City of Elgin, Mr. Gruber was responsible for a number of innovations which have had lasting positive impact on the Police Department and the City of Elgin including the Community Policing Model and the ROPE Officer Program; and WHEREAS, Mr. Gruber is past President of the International Association of Chiefs of Police and the Illinois Association of Chiefs of Police and is the recipient of many awards including Law Enforcement of the year by the U.S. Marshals Service and the International Association of Chiefs of Police Civil Rights Award; and WHEREAS, Mr. Gruber continued his work in law enforcement as a consultant including being retained by the U.S. Department of Justice Civil Rights Division; and WHEREAS, in addition to his long and distinguished law enforcement career, Mr. Gruber served honorably in the United States Marine Corps from 1964 to 1968 including service in Viet Nam; and 273 JUNE 9, 2021 VOLUME LXXXVI WHEREAS, the City of Elgin has received the sad news of Mr. Gruber's passing on April 26, 2021; and WHEREAS, Mr. Gruber will be remembered as an outstanding law enforcement professional and as a person who loved his family, his many friends, golf and life itself, and WHEREAS, the City of Elgin wishes to extend its appreciation and esteem for Mr. Gruber's outstanding services to the community and its condolences to Mr. Gruber's family and friends regarding his passing. NOW, THEREFORE, I, David J. Kaptain, Mayor of the City of Elgin, do hereby extend the appreciation and esteem of the City of Elgin and all of its residents for Mr. Gruber's outstanding services to the community and do hereby further extend the condolences of the City of Elgin and all of its residents to Mr. Gruber's family and friends on the occasion of Mr. Gruber's passing. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 9th day of June, 2021. David J. Kaptain Mayor PUBLIC COMMENTS Ismael Cordova asked about the city's efforts in engaging the young residents in government. Patrick Richardson commended the council for making climate change issue a priority. He also commented on the parkway tree program and community gardens. Sue Webb thanked SWAN neighborhood volunteers and Greg Hulke, Public Works Superintendent, for their work to clean up the neighborhood gardens. BID 21-028 AWARDED TO GLI SERVICES, INC. D/B/A GEORGES LANDSCAPING FOR CENTURY OAKS PLAYGROUND RENOVATION AND INSTALLATION PROJECT Councilmember Steffen made a motion, seconded by Councilmember Rauschenberger, to award a contract to GLI Services, Inc. d/b/a Georges Landscaping in the amount of $292,500 to remove the existing playground equipment and renovate the Century Oaks Playground. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. 274 VOLUME LXXXVI JUNE 9, 2021 BID 21-030 AWARDED TO TRINE CONSTRUCTION, CORP. FOR LORD STREET BASIN COMBINED SEWER SEPARATION PHASE 6 Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award the Lord Street Basin Combined Sewer Separation Phase 6 to Trine Construction, Corp. in the amount of $3,616,763 to separate combined sewers within the Lord Street Combined Sewer Basin in accordance with City's Combined Sewer Overflow Long Term Control Plan. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. BID 21-034 AWARDED TO PLOTE CONSTRUCTION, INC. FOR 2021 GIFFORD PARK RESURFACING PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the 2021 Gifford Park Resurfacing Project to Plote Construction, Inc. in the amount of $997,000 to complete the milling and resurfacing of approximately 2.4 miles of residential streets, alleys and City owned parking lots at various locations within the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR THE POLICE SECOND FLOOR LOCKER ROOM RENOVATION Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve a contract with F. H. Paschen in the amount of $111,596 to provide much needed additional locker space for the second floor of the Police Department facility. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR THE COMMUNITY DEVELOPMENT RENOVATIONS There was discussion regarding the design of the renovations and what other options were considered. Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve a contract with F. H. Paschen in the amount of $159,087 to renovate the Community Development Department front counter area. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Shaw. 275 JUNE 9, 2021 VOLUME LXXXVI JOINT PURCHASING COOPERATIVE CONTRACT AWARDED TO RUSH TRUCK CENTER FOR 2021 FLEET PURCHASES Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve a contract with Rush Truck Center in the amount of $578,882 for the purchase of four new vehicles to include two front line snow plows, one tandem axel dump truck for utility operations and one chip truck for forestry operations. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES, ILLINOIS OF ITS REVENUE BONDS, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 Mayor Kaptain declared the public hearing open. There was an explanation regarding the issuance of the bonds and the city's obligations. No further comments were made. Mayor Kaptain declared the public hearing closed. ORDINANCE S6-21 PASSED APPROVING THE ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES, ILLINOIS OF ITS REVENUE BOND, SERIES 2021 (VNA HEALTH CARE), IN ONE OR MORE SERIES, AND IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 WITH RESPECT TO CERTAIN HEALTH CARE FACILITIES OF VNA HEALTH CARE LOCATED IN THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND APPROVING CERTAIN RELATED MATTERS Councilmember Shaw 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, Steffen, Thoren, and Mayor Kaptain. Nays: None. ORDINANCE S6-21 IS ON FILE IN THE CITY CLERK'S OFFICE. RESOLUTION 21-90 ADOPTED APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2021 TO APRIL, 2022 Councilmember Martinez made a motion, seconded by Councilmember Thoren, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Shaw. 276 VOLUME LXXXVI JUNE 9, 2021 Resolution No. 21-90 RESOLUTION APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2021 TO APRIL, 2022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the annual membership renewal with Metro West Council of Government for May, 2021 to April, 2022. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 9, 2021 Adopted: June 9, 2021 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-91 ADOPTED AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH MIAND, INC. DB/A MAD BOMBER FIREWORKS PRODUCTIONS FOR THE 2021 FOURTH OF JULY FIREWORKS DISPLAY Councilmember Shaw made a motion, seconded by Councilmember Rauschenberger, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-91 RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH MIAND, INC. D/B/A MAD BOMBER FIREWORKS PRODUCTIONS FOR THE 2021 FOURTH OF JULY FIREWORKS DISPLAY 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 277 JUNE 9, 2021 VOLUME LXXXVI hereby authorized and directed to execute Purchase Agreement on behalf of the City of Elgin with Miand, Inc. d/b/a Mad Bomber Fireworks Productions for the 2021 Fourth of July fireworks display, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 9, 2021 Adopted: June 9, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G30-21 through G32-21 and adopt Resolution Nos. 21-88 and 21-89 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 21-88 ADOPTED ACCEPTING GRANT FROM THE TOWN OF ELGIN AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TOWN OF ELGIN TO PROVIDE SOCIAL AND RECREATION SERVICES FOR YOUTH RELATED PROGRAMS, MENTAL HEALTH, AND THE POOR OR AGED TO RESIDENTS OF ELGIN TOWNSHIP 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, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-88 RESOLUTION ACCEPTING GRANT FROM THE TOWN OF ELGIN AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TOWN OF ELGIN TO PROVIDE SOCIAL AND RECREATION SERVICES FOR YOUTH RELATED PROGRAMS, MENTAL HEALTH, AND THE POOR OR AGED TO RESIDENTS OF ELGIN TOWNSHIP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the Town of Elgin's grant in the amount of $20,000 to provide social and recreation services for youth related programs, mental health, and the poor or aged to residents of Elgin Township. 278 VOLUME LXXXVI JUNE 9, 2021 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 the Town of Elgin to provide social and recreation services for youth related programs, mental health, and the poor or aged to residents of Elgin Township, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 9, 2021 Adopted: June 9, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-89 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST ISLAMIC CENTER FOR THE PURCHASE OF BURIAL SPACES AT BLUFF CITY CEMETERY 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, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 21-89 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST ISLAMIC CENTER FOR THE PURCHASE OF BURIAL SPACES AT BLUFF CITY CEMETERY 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 Midwest Islamic Center for the purchase of burial spaces at Bluff City Cemetery, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 279 JUNE 9, 2021 VOLUME LXXXVI Presented: June 9, 2021 Adopted: June 9, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G30-21 PASSED RECLASSIFYING TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT ESTABLISHED BY ORDINANCE NO. G69- 98, AS AMENDED BY ORDINANCE NO. G14-07 TO A NEW PAB PLANNED AREA BUSINESS DISTRICT (880-900 SUMMIT STREET) Councilmember Powell 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, Steffen, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. G30-21 AN ORDINANCE RECLASSIFYING TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT ESTABLISHED BY ORDINANCE NO. G69-98, AS AMENDED BY ORDINANCE NO. G14-07 TO A NEW PAB PLANNED AREA BUSINESS DISTRICT (880-900 Summit Street) WHEREAS, the territory herein described is part of the property that has been classified in the PAB Planned Area Business District by Ordinance No. G69-98; and WHEREAS, by adopting Ordinance No. G14-07 on February 28, 2007, the City Council amended Ordinance No. G69-98 in its entirety; and WHEREAS, written application has been made to reclassify certain property located at 880-900 Summit Street from PAB Planned Area Business District established by Ordinance No. G69-98, as amended by Ordinance No. G14-07 to a new PAB Planned Area Business District; and WHEREAS, the zoning lot containing the premises at 880-900 Summit Street is legally described herein (the "Subject Property"); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 3, 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 VOLUME LXXXVI JUNE 9, 2021 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 planned development as a map amendment to establish a new 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 May 3, 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: PARCELI: THAT PART OF THE SOUTH 1/2 OF THE GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH O1 DEGREE, 42 MINUTES, 37 SECONDS EAST MEASURED (NORTH 02 DEGREES, 00 MINUTE, EAST RECORD) ON THE LINE BETWEEN THE LANDS OF STARRETT AND WALBAUM, A DISTANCE OF 1322.0 FEET TO A POINT 25.0 SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7, FOR A POINT OF BEGINNING; THENCE SOUTH 88 DEGREES, 00 MINUTE, WEST, PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE, A DISTANCE OF 252.82 FEET; THENCE SOUTH O1 DEGREE, 42 MINUTES, 27 SECONDS EAST MEASURED (SOUTH 02 DEGREES, 00 MINUTE, 281 JUNE 9, 2021 VOLUME LXXXVI WEST RECORD) A DISTANCE OF 654.5 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF EVANSTON HIGHWAY (STATE ROUTE 58); THENCE SOUTH 89 DEGREES, 24 MINUTES, 02 SECONDS EAST MEASURED (SOUTH 89 DEGREES, 39 MINUTES, EAST RECORD) ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 397.65 FEET; THENCE NORTH O1 DEGREE, 42 MINUTES 37 SECONDS EAST, A DISTANCE OF 245.58 FEET; THENCE NORTH 23 DEGREES, 30 MINUTES, 15 SECONDS WEST, A DISTANCE OF 17.60 FEET; THENCE NORTH O1 DEGREE, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 410.59 FEET TO A POINT IN A LINE PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7; THENCE SOUTH 88 DEGREES, 00 MINUTE, WEST ALONG SAID LINE, A DISTANCE OF 138.08 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 02 DEGREES, 00 MINUTE, EAST ON THE LINE BETWEEN THE LANDS OF STARRETT AND WALBAUM, A DISTANCE OF 1322.0 FEET TO A POINT 25.0 SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7, FOR A POINT OF BEGINNING; THENCE SOUTH 88 DEGREES, 00 MINUTE WEST, (SOUTH 87 DEGREES, 47 MINUTES, 33 SECONDS, MEASURED) PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE, A DISTANCE OF 252,82 FEET; THENCE SOUTH 02 DEGREES, 00 MINUTE, WEST (SOUTH O1 DEGREE, 29 MINUTES, 43 SECONDS WEST MEASURED), A DISTANCE OF 654.5 FEET (654.91 FEET MEASURED) TO THE NORTHERLY RIGHT OF WAY LINE OF EVANSTON HIGHWAY (STATE ROUTE 58); THENCE SOUTH 89 DEGREES, 39 MINUTES, EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 229,64 FEET; THENCE NORTH 00 DEGREES, 21 MINUTES, 00 SECONDS EAST, A DISTANCE OF 62.11 FEET; THENCE SOUTH 89 DEGREES, 39 MINUTES, 00 SECOND EAST, A DISTANCE OF 37.66 FEET; THENCE NORTH 00 DEGREE, 20 MINUTES, 55 SECONDS EAST, A DISTANCE OF 604.02 FEET TO A POINT IN A LINE PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OE THE SOUTHWEST 1/4 OF SAID SECTION 7; THENCE SOUTH 88 DEGREES, 00 MINUTE, WEST (SOUTH 87 DEGREES, 47 MINUTES, 33 SECONDS WEST, MEASURED) ALONG SAID LINE, A DISTANCE OF 1.63 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH O1 DEGREE, 42 MINUTES, 37 SECONDS EAST 282 VOLUME LXXXVI JUNE 9, 2021 MEASURED (NORTH 02 DEGREES, 00 MINUTE, EAST RECORD) ON THE LINE BETWEEN THE LANDS OF STARRETT AND WALBAUM, A DISTANCE OF 1322.0 FEET TO A POINT 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7, FOR A POINT OF COMMENCING; THENCE NORTH 88 DEGREES, 00 MINUTE, 00 SECOND EAST ALONG A LINE OF 25.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2 OF GOVERNMENT LOT 1, A DISTANCE OF 138.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES, 00 MINUTE, 00 SECOND EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 263.00 FEET; THENCE SOUTH O1 DEGREE, 42 MINUTES, 37 SECONDS WEST, A DISTANCE OF 683.16 FEET, MEASURED (681.3 FEET, RECORD) TO THE NORTHERLY RIGHT OF WAY LINE OF THE EVANSTON- ELGIN HIGHWAY (STATE ROUTE 58); THENCE NORTH 89 DEGREES, 24 MINUTES, 02 SECONDS WEST, MEASURED (NORTH 89 DEGREES, 39 MINUTES, 00 SECOND WEST, RECORD), A DISTANCE OF 255.00 FEET; THENCE NORTH O1 DEGREE, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 245.58 FEET; THENCE NORTH 23 DEGREES, 30 MINUTES, 15 SECONDS WEST A DISTANCE OF 17.60 FEET; THENCE NORTH O1 DEGREE, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 410.59 FEET TO THE POINT OF BEGINNING; ALL IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. PARCEL 3: LOT 9 AND THAT PART OF LOT 8 LYING NORTH OF THE FOLLOWING DESCRIBED LINE BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 8 A DISTANCE OF 160.37 FEET NORTH OF THE SOUTHWEST CORNER THEREOF) AS MEASURED ALONG SAID WEST LINE), AND TERMINATING AT A POINT IN THE EAST LINE OF SAID LOT 8, A DISTANCE OF 159.75 FEET NORTH OF THE SOUTHEAST CORNER THEREOF) (AS MEASURED ALONG SAID EAST LINE) IN HIGHFIELD PLACE SUBDIVISION, BEING A SUBDIVISION OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF TH THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 17, 1980, AS DOCUMENT 25393343 AND AS AMENDED JANUARY 2, 1981 AS CONTAINED IN 25723114, IN COOK COUNTY, ILLINOIS. (commonly known as 880-900 Summit Street) Section 3. That the City Council of the City of Elgin hereby grants the rezoning from PAB Planned Area Business District established by Ordinance No. G69-98, as amended by G14-07, to a new PAB Planned Area Business District at 880-900 Summit Street, 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. 283 JUNE 9, 2021 VOLUME LXXXVI 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 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 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] in this PAB Planned Area Business District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the AB Area Business District, Section 19.35.430 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the AB Area Business District, Section 19.35.430 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 3. Similar Uses. Those land uses enumerated as similar uses within the AB Area Business District Section 19.35.430 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 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 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, VOLUME LXXXVI JUNE 9, 2021 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 Jo Fischer, as applicant, and Bella Casa Square LLC, as a property owner, received August 21, 2020, and supporting documents including: a. Bella Casa Square Mixed -Use Development - Statement of Purpose and Conformance letter, dated March 24, 2021, prepared by Jo Fischer; b. ALTA/NSPS Land Title Survey, prepared by Gremley & Biederman, dated April 9, 2020, last revised May 11, 2020; c. The architectural plan set titled: "Bella Casa 880-900 Summit Street Elgin, Illinois", prepared by Antonio Fanizza Ltd., dated August 8, 2020, with such further revisions as requested by the Community Development Director, including the following sheets: 1. T-1 Cover Sheet/Key Plan; 2. T-1.1 Site Plan; 3. TD-1 Building Calculations and Egress Plans Bld's "A" & "B"; 4. TD-2 Code Analyses and Egress Plans Bld's "C", "D" & "E"; 5. DL-1 Demo Landscaping Plan; 6. L-1 Landscaping Plan; 7. SL-1 Site Lighting; 8. A-1 Perspective View; 9. A-2 3D Views; 10. A-3 Elevations from Project Perimeter; 11. A-4.0 Building A Floor Plans - Small Commercial Unit; 12. A-4.1 Building A Elevations - Small Commercial Unit; 13. A5.0 Building B Floor Plans - Large Commercial Unit; 14. A5.1 Building B Floor Plans - Large Commercial Unit; 15. A5.2 Building B W & E Elevations - Large Commercial Unit; 16. A5.3 Building B N & S Elevations - Large Commercial Unit; 17. A-6.0 Buildings C&D Floor Plans - Small Residential Units; 18. A-6.1 Buildings C&D W & E Elevations - Small Residential Units; 19. A-6.2 Buildings C&D N & S Elevations - Small Residential Units; 20. A-7.0 Building E Floor Plans - Large Residential Units; 21. A-7.1 Building E N & S Elevations - Large Residential Units; 22. A-7.2 Building E W & E Elevations - Large Residential Units; 23. A-8.0 Recreation Area and Garage Floor Plans; 24. A-8.1 Recreation Area and Garage W & E Elevations; 25. A-8.2 Recreation Area and Garage N & S Elevations; 26. A-9 Gate, Pylon Sign & Light Pole; 27. A-9.1 Shed and Typ. Refuse Area Elevations. d. Plat of Easement for Watermain, prepared by Gremley & Biedermann, dated March 9, 2021, with such further revisions as requested by the City Engineer; and 285 JUNE 9, 2021 VOLUME LXXXVI e. Engineering plans titled: "Site Development for Bella Casa Apts 88-900 Summit St. Elgin, IL 60120", prepared by Damas Consulting Group, dated June 1, 2020, last revised February 11, 2021, with such further revisions as required by the City Engineer. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of six principal buildings on the zoning lot. 3. A departure is hereby granted to allow the construction of residential dwellings with the following floor areas: one -bedroom units with minimum 737 square feet of floor area, and two -bedroom units with minimum 907 square feet of floor area. 4. A departure is hereby granted to allow the maximum permitted building floor area on the subject property of 222,536 square feet. 5. A departure is hereby granted to allow the minimum permitted building street yard setback of 16.5 feet from the south property line along Summit Street. 6. A departure is hereby granted to allow the minimum permitted vehicle use area interior yard setback of three feet. 7. The street light fixtures along the main north -south and east -west drive -aisle shall be Holophane Washington Postlite Enhanced LED Series Luminaire, or similar, as approved by the Community Development Director; 8. The ground floor of buildings "C", "D", and "E" on the Subject Property may include residential dwelling units and the principal use of buildings "C", "D", and "E" may be a "Dwelling, Apartment" [SR] as defined within Section 19.90.015 "Definitions and Regulations", notwithstanding the provisions of Section 19.35.430 "Land Use" and notwithstanding the definition of "Dwelling, Upper Floor Apartment" [SR] within Section 19.90.015 "Definitions and Regulations". 9. All proposed windows shall be punched openings, not flush -mounted. 10. City Council accepts that the land set aside for the recreational needs of the residents of the development, and the improvements made thereto, generally meet the private park site provisions of Section 17.04.030, Park Site, of the Elgin Municipal Code, 1976 as amended. 11. Compliance with all applicable codes and ordinances. VOLUME LXXXVI JUNE 9, 2021 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, except as provided within this section, and shall be in substantial conformance with the following: 1. A departure is hereby granted to allow the construction of 151 dwelling units and 13,156 square feet of commercial space with minimum 312 parking spaces. 2. In the event the ground floors of the proposed mixed use buildings "A" and "B" are occupied with any permitted, conditional and similar uses authorized by this Ordinance, as amended, including but not limited to eating places (restaurants), carry -out restaurants, and drinking places, additional parking spaces shall not be required. 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: A departure is hereby granted to allow the construction of two monument graphics with maximum height of ten feet and maximum sign surface area of 80 square feet each, and the construction of an entrance arch with the maximum permitted height of 36 feet and 6.5 inches. 2. Box -style wall graphics (signs) are prohibited. 3. A maximum of two wall graphics shall be permitted on the community recreation center building. Box -style wall graphics (signs) are prohibited. 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 287 JUNE 9, 2021 VOLUME LXXXVI 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. 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. Presented: June 9, 2021 Passed: June 9, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 9, 2021 Published: June 10, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk NM s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXVI JUNE 9, 2021 ORDINANCE G31-21 PASSED GRANTING A MAP AMENDMENT FROM CI COMMERCIAL INDUSTRIAL TO PAB PLANNED AREA BUSINESS DISTRICT AND AMENDING ORDINANCE NO. G41-19 WHICH CLASSIFIED A TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO A PAB PLANNED AREA BUSINESS DISTRICT (955-1019 EAST CHICAGO STREET) Councilmember Powell 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, Steffen, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. G31-21 AN ORDINANCE GRANTING A MAP AMENDMENT FROM Cl COMMERCIAL INDUSTRIAL TO PAB PLANNED AREA BUSINESS DISTRICT AND AMENDING ORDINANCE NO. G41-19 WHICH CLASSIFIED A TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO A PAB PLANNED AREA BUSINESS DISTRICT (955-1019 East Chicago Street) WHEREAS, by adopting Ordinance No. G41-19, the City Council of the City of Elgin classified the property commonly known as 1019 East Chicago Street to a PAB Planned Area Business District; and WHEREAS, written application has been made to reclassify certain property located at 955 East Chicago Street from Cl Commercial Industrial District to PAB Planned Area Business District established by Ordinance No. G41-19 to expand the zoning lot and school bus operators' offices approved by Ordinance No. G41-19 at 1019 East Chicago onto the property commonly known as 955 East Chicago Street; and WHEREAS, the zoning lot with the building containing the premises at 955 East Chicago Street is legally described herein (the "Subject Property"); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 3, 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 JUNE 9, 2021 VOLUME LXXXVI 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 planned development as a map amendment from Cl Commercial Industrial District to PAB Planned Area Business District and amending the Planned Area Business District established by Ordinance No. G41-19 pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 3, 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 Section 2 of Ordinance No. G41-19 is hereby amended to further amend Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official Zoning District Map" of the Elgin Municipal Code, as 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 established by Ordinance No. G41-19, the Subject Property, legally described as follows: PARCEL ONE: That part of Lot 8 of the Plat of the County Clerk's Subdivision of unsubdivided lots in Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Westerly line of said Lot 8 with the Southerly right of way line of State Route 19 (said right of way line being 50.0 feet Southwesterly of, as measured perpendicularly to the center line of said highway); thence South 07 degrees 55 minutes 00 seconds West along the Westerly line of said Lot 8 a distance of 413.39 feet for the point of beginning; thence continuing South 07 degrees 55 minutes 00 seconds West along said Westerly line of Lot 8, a distance of 518.04 feet; thence North 89 degrees 07 minutes 30 seconds East 252.18 feet; thence North 0 degrees 49 minutes 27 seconds West 306.46 feet; thence North 0 degrees 19 minutes 20 seconds West 205.01 feet; thence South 89 degrees 17 minutes 00 seconds West 175.25 feet to the point of beginning, in the City of Elgin, Cook County, Illinois. PARCEL ONE -A Easement for the benefit of Parcel One for pedestrian and vehicular ingress and egress set forth in Document 09048307 recorded November 8, 1999. PARCEL TWO: 290 VOLUME LXXXVI JUNE 9, 2021 That part of Lots 8 and 9 of the Plat of the County Clerk's Subdivision of unsubdivided lots in Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Westerly line of said Lot 8 with the Southerly right of way line of State Route 19 (said right of way line being 50.0 feet Southwesterly of, as measured perpendicularly to the center line of said highway); thence South 07 degrees 55 minutes 00 seconds West along the Westerly line of said Lot 8 a distance of 413.39 feet for the point of beginning; thence North 89 degrees 17 minutes 00 seconds East along the Easterly extension of the South line of said tract, 175.25 feet; thence North 0 degrees 19 minutes 20 seconds West 200.36 feet; thence North 8 degrees 02 minutes 45 seconds East 149.97 feet to the Southerly right of way of State Route 19 aforesaid to a point that is 150.0 feet Southeasterly of the point of commencement (as measured along said Southerly right of way line); thence North 67 degrees 05 minutes 12 seconds West 303.53 feet; thence South 07 degrees 55 minutes 00 seconds West 326.77 feet to the North line of a tract of land dedicated to the City of Elgin by Document No. 26348841 recorded September 13, 1982; thence North 89 degrees 17 minutes 00 seconds East along said North line 3.75 feet to a jog in said tract; thence South 67 degrees 56 minutes 36 seconds East along said tract 149.11 feet to a jog in said tract; thence South 07 degrees 55 minutes 00 seconds West along the East line of said tract and also along the West line of Lot 8 aforesaid, 90.48 feet to the point of beginning, in the City of Elgin, Cook County, Illinois. (commonly known as 955 East Chicago Street), and Section 3. That Section 3. G. of Ordinance No. G41-19, which regulates "Site Design" in the PAB Planned Area Business District established by Ordinance No. G41-19, is hereby amended to allow the expansion of the zoning lot and school bus operators' offices at 1019 East Chicago Street onto the Subject Property, subject to the following additional conditions: 12. Substantial conformance to the Development Application submitted by School District U-46, as applicant, and property owner, received January 25, 2021, and supporting documents including: a. Undated Application for Map Amendment Statement of Purpose and Conformance, received March 18, 2021; b. Plat of Survey, prepared by Alan J. Colson, P.C., dated December 11, 2012; c. Building floor plan, Sheet 4, dated July 13, 1983, received March 18, 2021, with such further revisions as requested by the Community Development Director; d. Site engineering plans titled: "School District U-46 Project #2055 Site Reconstruction 955 E. Chicago Street, Elgin, Illinois 2021", prepared by Hampton, Lenzini and Renwick, Inc., dated April 13, 2021, with such further revisions as required by the City Engineer; e. Landscaping Plan, prepared by Hampton, Lenzini and Renwick, Inc., dated February 15, 2021, with such further revisions as required by the Community Development Director; 291 JUNE 9, 2021 VOLUME LXXXVI f. Tree Removal Map, prepared by Hampton, Lenzini and Renwick, Inc., dated November 17, 2020, with such further revisions as required by the Community Development Director; g. Tree Inventory Letter, prepared by Hampton, Lenzini and Renwick, Inc., dated November 17, 2020; and h. 9-page lighting specifications for Viper L Large Viper Luminaire, received January 22, 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. 13. A departure is hereby granted to allow the minimum interior yard setback of ten feet for a refuse collection area at 955 East Chicago Street property. 14. A departure is hereby granted to allow the construction of an eight -foot -high solid fence in the side yard west of the building, and in the rear yard south of the building at 955 East Chicago Street. 15. A departure is hereby granted to allow two principal buildings on the zoning lot commonly known as 955-1019 East Chicago Street. 16. The existing free-standing sign located at 955 East Chicago Street shall be removed. All street graphics must comply with the zoning ordinance requirements. 17. Notwithstanding the Land Use provisions in Section 3. G. of Ordinance No. G41-19, as amended, the building premises at 955 East Chicago Street may be used for administrative and other general offices and accessory storage by the Community School District U-46. 18. Compliance with all applicable codes and ordinances. Section 4. That the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G41-19, as amended herein. In the event of any conflict between this ordinance and Ordinance No. G41-19, this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor 292 VOLUME LXXXVI JUNE 9, 2021 Presented: June 9, 2021 Passed: June 9, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 9, 2021 Published: June 10, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G32-21 PASSED GRANTING A CONDITIONAL USE FOR AN EVENT SPACE FOR ACTIVITIES PERTAINING TO ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (200 PRAIRIE STREET AND 127 S. GROVE AVENUE) Councilmember Powell 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, Steffen, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. G32-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN EVENT SPACE FOR ACTIVITIES PERTAINING TO ASSEMBLIES OF PEOPLE IN THE CC CENTER CITY DISTRICT (200 Prairie Street and 127 S. Grove Avenue) WHEREAS, written application has been made requesting conditional use approval to establish an event space for activities pertaining to the assembly of people at 200 Prairie Street and 127 S. Grove Avenue; and WHEREAS, the zoning lot with the building containing the premises at 200 Prairie Street and 127 S. Grove Avenue is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the CC Center City District, and an event space for activities pertaining to assembly of people is listed as a conditional use within the CC 1 Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 3, 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 293 JUNE 9, 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 CC 1 Center City District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 3, 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 to establish an event space for activities pertaining to the assembly of people is hereby granted for the property commonly known as 200 Prairie Street and 127 S. Grove Avenue, and commonly identified by Kane County Property Index Numbers 06- 13-309-017 and 06-13-309-016, and legally described as follows: PARCEL 1: LOT 10 AND THAT PART OF LOT 9 IN BLOCK 13 OF THE ORIGINAL PLAT OF ELGIN. AS LAID OUT BY JAMES T. GIFFORD, LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT, 25 1/2 FEET NORTHERLY FROM THE SOUTHWESTERLY CORNER THEREOF AND RUNNING THENCE EASTERLY TO A POINT IN THE EAST LINE OF SAID LOT, 65 1/2 FEET NORTH OF THE SOUTHEAST CORNER THEREOF, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 6 IN BLOCK 13 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 6 THAT IS 9.1 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE WEST 66 FEET TO A POINT -ON THE WEST LINE OF SAID LOT THAT IS 9.1 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH ALONG SAID LI NE 9.1 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EAST ON THE SOUTH LINE OF SAID LOT, 66 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH ON THE EAST LINE OF SAID LOT, 9.41 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 294 VOLUME LXXXVI JUNE 9, 2021 PARCEL 3: EASEMENT FOR INGRESS AND EGRESS CREATED BY DEED RECORDED MARCH 19, 1973 AS DOCUMENT 1257711 MADE BY JOYCE L. BRIGHT, EXECUTOR OF THE LAST WILL AND TESTAMENT OF MARIE E. BODENSCHATZ TO HAROLD T. SEIGLE AND JEROME M. ROTH FOR THE BENEFIT OF PARCELS 1 AND 2 OVER THAT PART OF SAID LOT 6 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 6 THAT IS 9.41 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENC WESTERLY A DISTANCE OF 66 FEET TO A POINT ON THE WEST LINE OF SAID LOT 6 THAT IS 9.1 FEET NORTH OF THE SOUTHWEST CORNER THEREOF. THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF 3 FEET; TEHNCE EASTERLY A DISTANCE OF 66 FEET TO A POINT ON THE EAST L]1NE OF SAID LOT THAT IS 3 FEET NORTH OF THE POINT OF BEGINNING; HENCE NORTHERLY ALONG SAID EAST LINE A DISTANCE OF 3 FEET TO THE POINT OF BEGINNING IN, THE CITY OF ELGIN, KANE COUNTY ILLINOIS. (commonly known as 200 Prairie Street and 127 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: 19. Substantial conformance to the Development Application submitted by Imago Media, Inc. DBA Imago Events, as applicant, and Discovery Church, Inc., as property owner, received April 1, 2021, and supporting documents including: a. Letter from Discovery Church, prepared by Senior Pastor Danny S. Alacon, dated March 29, 2021; b. Undated Statement of Propose and Conformance letter, received April 1, 2021; c. Plat of Survey, prepared by Dundee Engineering, dated November 15, 1996; and d. Undated six -page Discovery Floor Plans, received April 1, 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. 20. A food handling/food establishment permit is not required if food is not prepared on site, and if dishes, utensils and other food contact equipment are not washed, or sanitized onsite. Food must be catered by a licensed caterer, and all soiled food contact equipment must be washed, rinsed and sanitized at a licensed commercial facility. 21. Assembly uses permitted by this grant of conditional use shall include: a. Art Classes; b. Business Meetings, Business Dinners, Breakout Session, and/or Round -Table Discussions; c. Banquets (General); d. Baby Showers and/or Bridal Showers; e. Baptisms and/or Christenings; 295 JUNE 9, 2021 VOLUME LXXXVI f. Celebrations, Soirees, and Private Parties, such as Anniversaries, Birthdays, Bar Mitzvahs and Bat Mitzvahs, and/or Quinceaneras; g. Conferences, Conventions, and/or Seminars; h. Colloquiums; i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; j. Cooking Competitions; k. Corporate and/or Non-profit Events; 1. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes; in. Exhibitions, including but not limited to Art Shows; n. Expositions; o. Fairs and/or Festivals; p. Farm -to -table Meal Events; q. Fundraisers; r. Galas; s. Gallery Displays, including but not limited to works of art, either temporary or permanent; t. Graduation Parties; u. Live Performances, such as musical, dance, dramatic, readings and/or plays; v. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; w. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; x. Networking Events; y. Plenary or General Sessions; z. Political Events; aa. Press Conferences; bb. Product Launch Events; cc. Retreats and Team Buildings Events; dd. Social Events; ee. Symposiums; ff. Video Shoots; gg. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and hh. Wine and/or Food Tastings; ii. Youth Dance and Game Nights, only in partnership with a sponsoring not -for -profit corporation or other like community organization; and jj. Other like assemblies of people. 22. Incidental entertainment as an accessory use to a permitted principal use is permissible, in so long as said entertainment complies with all city codes and ordinances, including but not limited to the restrictions upon "uses, accessory" as articulated within Section 19.90.015, "Definitions and Regulations" of the Elgin Municipal Code, 1976 as amended, and as said section may be amended from time to time. 296 VOLUME LXXXVI JUNE 9, 2021 23. 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 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. 24. 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. 25. All street graphics must comply with the zoning ordinance requirements. 26. The conditional use approval is hereby granted only to Imago Media, Inc. DBA Imago Events to use the property at 200 Prairie Street and 127 S. Grove Avenue as a commercial event space for the activities pertaining to the assembly of people until December 31, 2022, subject to the terms and conditions of this Ordinance. 27. 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: June 9, 2021 Passed: June 9, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 9, 2021 Published: June 10, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 297 s/ David J. Kaptain David J. Kaptain, Mayor JUNE 9, 2021 VOLUME LXXXVI REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made a motion, seconded by Councilmember Dixon, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. Human Relations Commission, May 4, 2021 Sustainability Commission, April 13, 2021 Committee of the Whole, May 12, 2021 City Council Minutes, May 12, 2021 Sales Tax Revenue Hotel/Motel Tax Revenue Telecommunication Tax Revenue Motor Fuel Tax Revenue Electricity Tax Revenue Natural Gas Tax Revenue Cannabis Revenue Video Gaming Revenue Alcoholic Liquor Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Dixon, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:55 p.m. s/ Kimberly Dewis Kimberly Dewis, City Clerk .M June 23, 2021 Date Approved