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HomeMy WebLinkAboutp - August 25, 2021 CCVOLUME LXXXVI AUGUST 25, 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 August 25, 2021, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 11, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Martinez made a motion, seconded by Councilmember Dixon, to approve the August 11, 2021, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. COMMUNICATIONS Elgin Rugby Club Championship Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, In the spring of 2021, Elgin Rugby Football Club's High School Boys Rugby program resumed after the COVID outbreak of 2020 where fifteen young men from the greater Elgin area dedicated themselves to practice and as a team went undefeated in their spring exhibition schedule outscoring their opponents over 130 points to 15; and WHEREAS, On June 26, 2021, the Elgin Rugby Football Club's High School Boys Rugby Sevens Team placed third at the Lakefront Sevens, a national level tournament held in Milwaukee, Wisconsin; and 372 VOLUME LXXXVI AUGUST 25, 2021 WHEREAS, In the month of July, 2021, the Elgin Rugby Football Club's High School Boys Rugby Sevens team played in three Rugby Illinois State Rugby Sevens Series Tournaments and had a winning record of 14 wins and 2 losses, winning 2 out the 3 series tournaments and captured the Rugby Illinois Boys High School Rugby Sevens State Championship; and WHEREAS, The Elgin Rugby Football Club was led by Seniors: Gunnar Rheidl, Mason Hill, Austin Scott, Jesse Schambach, Ben Aliker, Josh Hendershott, Carlos Hendershott, Zack Miller, Alex Millar and Justin Giannini, were supported by Underclassmen: Nathan Lee, James Schambach, Titus Land, Evan Land and Brad White, were coached by: Robert Copland, Sean Haughian, Loren Harris and John Steffen, with Team Assistants: Clark Shaw, Maxwell Hendershott and Lukas Owen. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to Elgin Rugby Football Club's High School Boys Rugby Sevens Team on their achievement in their 2021 rugby sevens season and their Rugby Illinois 2021 State High School Boys Rugby Sevens Championship. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of August, 2021. David J. Kaptain Mayor PUBLIC COMMENTS Cesar Mendez commented on a recent translation of the city's water report. He also stated his concerns regarding the diversity in city leadership. Walter Blalark stated his support of Councilman Dixon. He thanked the police department for their work and looked to have more inclusion in the administration staff of the city. BID 21-045 PULLED TO INTEGRAL CONSTRUCTION INC. FOR BOWES CREEK CLUBHOUSE PATIO IMPROVEMENTS ($283,200) BID 21-046 AWARDED TO COPENHAVER CONSTRUCTION INC. FOR HIGHLAND AVENUE, CHICAGO STREET AND GROVE AVENUE COMBINED SEWER BACKFLOW PREVENTION INSTALLATION PROJECT Councilmember Powell made a motion, seconded by Councilmember Shaw, to award a contract to Copenhaver Construction Incorporated for the Highland Avenue, Chicago Street and Grove Avenue Combined Sewer Separation Project in the amount of $308,195 to install backflow preventors on three combined sewer overflow locations to reduce the potential of the river flowing into the sewer system. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. 373 AUGUST 25, 2021 VOLUME LXXXVI BID 21-049 AWARDED TO J.A. JOHNSON PAVING CO. FOR 2021 COLUMBINE SOUARE RESURFACING PROJECT Councilmember Steffen made a motion, seconded by Councilmember Martinez, to award the 2021 Columbine Square Resurfacing Project construction bid to J.A. Johnson Paving Co. in the amount of $1,035,228 to complete the milling and resurfacing of approximately 1.6 miles of residential streets on the City's west side, improvements to the Leo Nelson Riverside Water Treatment Plant access drive and parking lot and the construction of a new bike path at Lords Park. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. BID 21-050 AWARDED TO BROTHERS ASPHALT PAVING, INC. FOR THE 2021 NORTHEAST AREA RESURFACING PROJECT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award the 2021 Northeast Area Resurfacing Project construction bid to Brothers Asphalt Paving, Inc., in the amount of $1,814,263 for the completion of the milling and resurfacing of approximately 1.8 miles of collector and residential streets located on the City's east side. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. VARIOUS JOINT PURCHASING COOPERATIVE AGREEMENTS APPROVED FOR THE 2021 FLEET PURCHASES Councilmember Steffen made a motion, seconded by Councilmember Dixon, to approve purchase agreements with BCR Automotive Group, Kunes County Ford, Currie Commercial Center, Standard Equipment Company, Deere & Company and Morbark LLC for the purchase of sixteen new vehicles and three pieces of equipment in the amount of $999,180 in order to purchase a diverse fleet of vehicles and equipment to maintain City operations and core service delivery. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. PETITION 06-21 APPROVED FOR 1325 BLUFF CITY BOULEVARD FOR A MAP AMENDMENT TO PLANNED DEVELOPMENT TO CONSTRUCT A TRUCKING SERVICE PARKING FACILITY Marc Mylott, Community Development Director, provided an overview of petition 06-21 which allows for a map amendment to a planned development to construct a trucking service parking facility. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. There was discussion regarding the flow of traffic and sidewalks at the location. 374 VOLUME LXXXVI AUGUST 25, 2021 Councilmember Steffen made a motion, seconded by Councilmember Dixon, to approve Petition 06-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. ORDINANCE G40-21 PASSED AMENDING PGI PLANNED GENERAL INDUSTRIAL DISTRICT ORDINANCE NO. G57-03 (1325 BLUFF CITY BOULEVARD) 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 No. G40-21 AN ORDINANCE AMENDING PGI PLANNED GENERAL INDUSTRIAL DISTRICT ORDINANCE NO. G57-03 (1325 Bluff City Boulevard) WHEREAS, the territory herein described has been classified in the PGI Planned General Industrial District, and is subject to the requirements of Ordinance No. G57-03; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G57-03, to allow for the construction of the trucking service facility at 1325 Bluff City Boulevard; and WHEREAS, the zoning lot containing the premises at 1325 Bluff City Boulevard is part of the property legally described in the PGI Planned General Industrial District Ordinance No. G57- 03 (the "Subject Property"); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 2, 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 375 AUGUST 25, 2021 VOLUME LXXXVI WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PGI Planned General Industrial District established by Ordinance No. G57-03, pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 2, 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 3. G. of Ordinance No. G57-03, which regulates "Site Design", in the PGI Planned General Industrial District of the Subject Property, is hereby amended to include the following additional conditions: In this PGI Planned General Industrial District, except as otherwise provided for herein, the use and development of the Subject Property shall be subject to the following additional conditions: 9. Substantial conformance to the Development Application submitted by Abbott Land and Investment Corporation, as applicant, and Gifford 300, LLC, as a property owner, received February 8, 2021, and supporting documents including: a. A letter RE: Copart/Vantage Trucking Development Application, dated February 4, 2021, prepared by Abbott Land and Investment Corp; b. Undated Map Amendment for a Planned Development Statement of Purpose and Conformance, dated received July 28, 2021; c. Plat of Survey, prepared by Mackie Consultants, LLC, dated February 24, 2021, last revised July 21, 2021; d. Revised Exterior Elevations, Sheet A2, prepared by Architectural Resources, dated November 14, 2019, last revised December 5, 2019, with such further revisions as required by the Community Development Director; e. Plat of Easement/Vacation Vantage Truck Site Elgin, Illinois, prepared by Mackie Consultants, LLC, dated April 16, 2021, last revised May 7, 2021, with such further revisions as required by the City Engineer; f. Sky Drive - Station 10+00 to 24+85 Gifford 300 Industrial Development Elgin, Illinois Sheet 9 of 18, prepared by Mackie Consultants, LLC, dated January 30, 2015, last revised March 19, 2021, with such further revisions as required by the City Engineer; g. Final Engineering Plans Vantage Truck 1325 Bluff City Blvd Elgin, Illinois, prepared by Mackie Consultants, LLC, dated January 29, 2021, last revised July 21, 2021, with such further revisions as required by the City Engineer; and h. Storm Water Master Plan Gifford 300 Mine Site Reclamation Elgin, Illinois, Sheet 1 of 1, prepared by Mackie Consultants, LLC, dated January 14, 2021, last revised April 12, 2021, with such further revisions as required by the City Engineer. 376 VOLUME LXXXVI AUGUST 25, 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. 10. A departure is hereby granted to allow the construction of the vehicle use area with the minimum one -foot setback from the west and south property lines. 11. A departure is hereby granted to allow the construction of an eight -foot high, solid, fence, of neutral color within the interior yard along the west and south property lines. 12. A departure is hereby granted to allow the construction of an eight -foot high, solid, fence of neutral color in the street yards along Sky Drive and Future Rubble Road. 13. A departure is hereby granted to allow the construction of the proposed truck parking facility with the vehicle use area landscape yard consisting of 123 shade trees and 233 shrubs. 14. A departure is hereby granted to allow the construction of the proposed truck parking facility with no vehicle use area interior landscape yard. 15. A departure is hereby granted to allow the installation of one or more refuse collection areas within the truck parking facility. Such refuse collection area must be located with the truck parking facility enclosed with the eight -foot -high solid fence, and is not required to provide any additional screening in the form of a fence or a wall, provided that such refuse collection area consists of a garbage can, garbage dumpster, or a similar enclosure as approved by the Community Development Director. Such refuse collection area may be located anywhere within the truck parking facility enclosed by the eight -foot -high solid fence, including the required building setbacks from street lot lines along Sky Drive and Future Rubble Road and the interior lot lines. 16. No portion of the truck parking facility shall be used as a commercial operations yard, specifically the outdoor storage of any goods, materials, or equipment is not permitted within the truck parking facility. More so, the truck parking facility shall not be used for the loading and unloading of goods, materials, and/or equipment onto and off trucks. 17. No "recreational vehicles" [SR] shall be parked, kept, or stored upon any portion of the truck parking facility. This provision is not intended to prohibit the parking or storage of semi -trailers detached from their truck. 18. All "motor vehicles" [SR] parked, kept, or stored at the truck parking facility shall have up-to-date license plates and registration and be fully operational at all times. 19. No "motor vehicle" [SR] or semi -trailer shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. All wheels of 377 AUGUST 25, 2021 VOLUME LXXXVI any "motor vehicle" [SR] or semi -trailer shall be fully inflated at all times. The repair, rebuilding, reconditioning, or painting of "motor vehicles" [SR] or semi -trailers is prohibited. 20. The selling of "motor vehicles" [SR] or semi -trailers from the truck parking facility is prohibited. 21. Compliance with all applicable codes and ordinances. Section 3. That Section 3. K. of Ordinance No. G57-03, which regulates "Off Street Parking" is hereby amended to include the following conditions: In this PGI Planned General Industrial District, except as otherwise provided for herein, the use and development of the Subject Property shall be subject to the following additional conditions: 1. A departure is hereby granted to allow the construction of the proposed vehicle use area for the truck parking facility with reclaimed asphalt grindings course over gravel sub- base course surfacing. Section 4. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G57-03. In the event of any conflict between this ordinance, Ordinance No. G57-03, 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. Presented: August 25, 2021 Passed: August 25, 2021 Vote: Yeas: 9 Nays: 0 Recorded: August 25, 2021 Published: August 27, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 378 s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXVI AUGUST 25, 2021 PETITION 16-21 APPROVED FOR 812 E. CHICAGO STREET FOR CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR THE RENOVATION OF AN EXISTING RESTAURANT TO INCLUDE A DRIVE -THROUGH SERVICE FACILITY Marc Mylott, Community Development Director, provided an overview of Petition 16-21 which allows for a conditional use to renovate a restaurant to include a drive through. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 16-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. PETITION 25-21 APPROVED FOR 2451 BATH ROAD FOR A MAP AMENDMENT TO PLANNED DEVELOPMENT TO ALLOW BUILDING AND SITE MODIFICATIONS FOR AN OFFICE AND WAREHOUSING USE Marc Mylott, Community Development Director, provided an overview of Petition 25-21 which allows for a map amendment to planned development to allow modifications for an office and warehousing use. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. Councilmember Dixon made a motion, seconded by Councilmember Good, to approve Petition 25-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. PETITIONS 27-21 AND 28-21 APPROVED FOR 2601 MASON ROAD FOR A MAP AMENDMENT TO PLANNED DEVELOPMENT AND CONDITIONAL USE TO CONSTRUCT A 488,450-SQUARE FOOT FACILITY FOR A MANUFACTURER OF CORRUGATED BOARDS AND BOXES Marc Mylott, Community Development Director, provided an overview of Petitions 27-21 and 28-21 which allows for a map amendment to a planned development and conditional use to construct a facility to manufacture corrugated boards and boxes. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. Councilmember Shaw made a motion, seconded by Councilmember Dixon, to approve Petitions 27-21 and 28-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. 379 AUGUST 25, 2021 VOLUME LXXXVI ORDINANCE G41-21 PASSED AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G35-14, AS AMENDED BY ORDINANCE NO. G28-15 AND G15-20 (2601 MASON ROAD) Councilmember Steffen 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. G41-21 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G35-14, AS AMENDED BY ORDINANCE NO. G28-15 AND ORDINANCE NO. G15-20 (2601 Mason Road) WHEREAS, the territory described herein has been previously classified in the PORI Planned Office Research Industrial District pursuant to Ordinance No. G35-14; and WHEREAS, by adopting Ordinance No. G28-15 on June 24, 2015, the City Council amended Ordinance No. G35-14, and granted development plan approval for the construction of a new light -industrial, warehouse, distribution and office facility on the westerly 18.643 acres of Daching Business Park, commonly known as 2801 Alft Lane; and WHEREAS, by adopting Ordinance No. G15-20 on March 4, 2020, the City Council amended Ordinance No. G35-14, as amended by Ordinance No. G28-15, and granted development plan approval for an approximately 239,290-suare foot one-story office, warehousing, and industrial building at 2601 Mason Road (the "Subject Property"); and WHEREAS, the construction of the 239,290-square foot one-story office, warehousing, and industrial building on the Subject Property has not commenced; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G35-14, as amended by Ordinance No. G28-15 and Ordinance No. G15-20 to allow for the construction of a 488,450-square foot light -industrial building with future expansion for the manufacturer of paper and allied products, more specifically corrugated and solid fiber boxes, at 2601 Mason Road, (the "Subject Property"); and WHEREAS, the zoning lot containing the premises at 2601 Mason Road is legally described in Ordinance No. G15-20 (the "Subject Property"); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 2, 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 AUGUST 25, 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 an amendment to PORI Planned Office Research Industrial district established by Ordinance No. G35-14, as amended by Ordinance No. G28-15 and Ordinance No. G15-20, pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 2, 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 3. G. of Ordinance No. G35-14, as amended by Ordinance No. G28-15 and Ordinance No. G15-20, which regulates "Site Design", in the PORI Planned Office Research Industrial District of the Subject Property, is hereby amended to include the following additional conditions: In this PORI Planned Office Research Industrial District, except as otherwise provided for herein, the use and development of the Subject Property shall be subject to the following additional conditions: 22. Substantial conformance to the Development Application submitted by Alan Zocher, as applicant and David Huang, as property owner, received July 9, 2021, and supporting documents including: a. Undated Statement of Purpose and Conformance in Support of Variation for 2601 Mason Road, received July 9, 2021; b. ALTA/NSPS Land Title Survey, prepared by Manhard Consulting Ltd., dated January 3, 2020; c. Conceptual Site Plan Alft Lane & Mason Rd Elgin, IL, prepared by Ware Malcomb, dated August 13, 2021, with such further revisions as required by the Community Development Director; d. Five -page concept design plans for Atlantic Packaging BTS, Alft Lane & Mason Road Elgin, Illinois, prepared by Ware Malcomb, dated July 19, 2021, with such 381 AUGUST 25, 2021 VOLUME LXXXVI further revisions as required by the Community Development Director; e. Undated sign plans elevation views, received July 21, 2021, with such further revisions as required by the Community Development Director; f. Fence detail plan by Ameristar Title: Montage Plus Genesis 3R EXT 6'T 8' Panel, dated November 7, 2007, received July 21, 2021, with such further revisions as required by the Community Development Director; g. Preliminary Landscape Plan for Atlantic Packaging at Alft and Mason southeast corner of Alft Lane and Mason Road City of Elgin, Illinois, prepared by Manhard Consulting Ltd., dated July 23, 2021, with such further revisions as required by the Community Development Director; and h. Engineering plans titled: Proposed Improvements for Atlantic Packaging at Alft and Mason southeast corner of Alft Lane and Mason Road City of Elgin, Illinois, prepared by Manhard Consulting Ltd., dated July 23, 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. 23. A departure is hereby granted to allow the construction of the vehicle use area with the minimum street yard setback of 45 feet from the north street lot line along Mason Road. 24. A departure is hereby granted to allow the construction of a six-foot high, open -design, fence in the street yards north and west of the building. 25. At the time of the construction of the building addition, a departure is hereby granted to allow the construction of a commercial operations yard in the street yard along Alft Lane. Such expanded commercial operations yard shall be screened with a six-foot high, open -design fence and landscape screening. 26. A departure is hereby granted to allow the screening of a commercial operations yard on the property with a six-foot high, open -design, fence, and landscape screening. 27. A departure is hereby granted to allow the construction of a vehicle use area in excess of 20,000 square feet south of the building with no interior landscape yard. 28. A departure is hereby granted to allow the construction of a "loading facility" [SR] on the west side of the building facing Alft Lane. 29. A departure is hereby granted to construct the proposed building with non-traditional exterior building materials, more specifically metal panels, in excess of 25 per cent of the building's south elevation in substantial conformance with the following: a. Five -page concept design plans for Atlantic Packaging BTS, Alft Lane & Mason Road Elgin, Illinois, prepared by Ware Malcomb, dated July 19, 2021, with such further revisions as required by the Community Development Director; 382 VOLUME LXXXVI AUGUST 25, 2021 30. A departure is hereby granted to allow the construction of an accessory structure, more specifically a silo, in the street yard west of the building. The proposed silo shall be painted white, or similar light color, to match the color of the building's west fagade. 31. Any future building and site improvements for the construction of the building addition shall comply with all landscaping requirements of the Elgin Municipal Code, 1976, as amended. 32. At the time of site improvements for the construction of the building addition and the expansion of the commercial operations yard for parking and storage of semi -trucks and trailers, the applicant shall install berms along the west side of the commercial operations yard to enhance the screening from Alft Lane. 33. Compliance with all applicable codes and ordinances. Section 3. That Section 3. J. of Ordinance No. G35-14, as amended by Ordinance No. G28- 15 and Ordinance No. G15-20, which regulates "Signs", in the PORI Planned Office Research Industrial District of the Subject Property, is hereby amended to include the following additional conditions: In this PORI Planned Office Research Industrial District, except as otherwise provided for herein, the use and development of the Subject Property shall be subject to the following additional conditions: 1. A departure is hereby granted to allow the construction of a wall graphic on the north side of the building with a maximum sign surface area of 182 square feet. 2. A departure is hereby granted to allow the construction of a monument graphic on the property with a maximum sign surface area of 100 square feet. The proposed monument graphic shall include a masonry base. 3. A departure is hereby granted to allow the construction of three directional graphics with a maximum height of five feet and maximum sign surface area of 25 square feet including the base. The proposed directional graphics shall include a masonry base. Section 4. That except as amended herein, the use and development of Subject Property shall be controlled pursuant to the provisions of Ordinances No. G35-14, as amended by Ordinance No. G28-15 and Ordinance No. G15-20. In the event of any conflict between this ordinance and Ordinance No. G35-14, Ordinance No. G28-15, and Ordinance No. G15-20, this ordinance and associated documents shall control and prevail. 383 AUGUST 25, 2021 VOLUME LXXXVI Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 25, 2021 Passed: August 25, 2021 Vote: Yeas: 9 Nays: 0 Recorded: August 25, 2021 Published: August 27, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G42-21 PASSED GRANTING A CONDITIONAL USE FOR A MANUFACTURER OF CORRUGATED AND SOLID FIBER BOXES (2601 MASON ROAD 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 No. G42-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MANUFACTURER OF CORRUGATED AND SOLID FIBER BOXES (2601 Mason Road) WHEREAS, written application has been made requesting conditional use approval to establish a manufacturer of paper and allied products, more specifically corrugated and solid fiber boxes, at 2601 Mason Road; and WHEREAS, the zoning lot with the building containing the premises at 2601 Mason Road, is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the PORI Planned Office Research Industrial District, established by Ordinance No. G35-14, as amended by Ordinance No. G28-15 and Ordinance No. G15-20, and a manufacturer of paper and allied products is listed as a conditional use within the PORI Planned Office Research Industrial District established by Ordinance No. G35-14, as amended by Ordinance No. G28-15, and Ordinance No. G15-20; and VOLUME LXXXVI AUGUST 25, 2021 WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 2, 2021, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the PORI Planned Office Research Industrial District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 2, 2021, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a manufacturer of paper and allied products, more specifically corrugated and solid fiber boxes, is hereby granted for the property commonly known as 2601 Mason Road, commonly identified by Kane County Property Index Number 03-31-126- 001, and legally described as follows: A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE SOUTH 00 DEGREES 36 MINUTES 14 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 40.01 FEET TO A LINE DRAWN PARALLEL WITH AND 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER SAID ALSO BEING THE SOUTH LINE OF MASON ROAD HERETOFORE DEDICATED PER DOCUMENT NUMBER 2015K012561 c: AUGUST 25, 2021 VOLUME LXXXVI RECORDED MARCH 16, 2015, FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 39 MINUTES 17 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1260.80 FEET TO A LINE DRAWN PARALLEL WITH AND 60.00' EAST OF THE EAST LINE OF THE BESAL SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1996 AS DOCUMENT 96K071800 SAID LINE ALSO BEING THE EAST LINE OF ALFT LANE HERETOFORE DEDICATED PER DOCUMENT NUMBER 2015K012561 RECORDED MARCH 16, 2015; THENCE SOUTH 00 DEGREES 37 MINUTES 42 SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 654.11 FEET TO A TANGENT CURVE; THENCE SOUTH ALONG SAID TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 510.00 FEET SUBTENDING A CHORD BEARING SOUTH 05 DEGREES 22 MINUTES 48 SECONDS WEST, AN ARC DISTANCE OF 84.59 FEET TO A TANGENT LINE; THENCE SOUTH 10 DEGREES 07 MINUTES 54 SECONDS WEST ALONG SAID TANGENT LINE, A DISTANCE OF 72.37 FEET TO A TANGENT CURVE; THENCE SOUTH ALONG SAID TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 390.00 FEET SUBTENDING A CHORD BEARING SOUTH 04 DEGREES 59 MINUTES 11 SECONDS WEST, AN ARC DISTANCE OF 70.05 FEET TO A TANGENT LINE; THENCE SOUTH 00 DEGREES 09 MINUTES 32 SECONDS EAST ALONG SAID TANGENT LINE, A DISTANCE OF 412.14 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER, ALSO BEING THE NORTH LINE OF RANDALL CROSSING BUSINESS PARK SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 2005 AS DOCUMENT 2005K022055 AND ALSO BEING THE NORTHEAST CORNER OF ALFT LANE AS DEDICATED BY DOCUMENT 2005K022055; THENCE NORTH 89 DEGREES 49 MINUTES 14 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 1,279.90 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE NORTH 00 DEGREES 36 MINUTES 14 SECONDS EAST, A DISTANCE OF 1,294.93 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, IN KANE COUNTY, ILLINOIS. CONTAINING APPROXIMATELY 1,642,010 SQUARE FEET (37.695 ACRES +/-) (commonly known as 2601 Mason Road) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 34. Substantial conformance to the Development Application submitted by Alan Zocher, as applicant and David Huang, as property owner, received July 9, 2021, and supporting documents including: a. Undated Statement of Purpose and Conformance in Support of Variation for 2601 Mason Road, received July 9, 2021; b. ALTA/NSPS Land Title Survey, prepared by Manhard Consulting Ltd., dated January 3, 2020; c. Conceptual Site Plan Alft Lane & Mason Rd Elgin, IL, prepared by Ware Malcomb, dated August 13, 2021, with such further revisions as required by the Community Development Director; VOLUME LXXXVI AUGUST 25, 2021 d. Five -page concept design plans for Atlantic Packaging BTS, Alft Lane & Mason Road Elgin, Illinois, prepared by Ware Malcomb, dated July 19, 2021, with such further revisions as required by the Community Development Director; e. Undated sign plans elevation views, received July 21, 2021, with such further revisions as required by the Community Development Director; f. Fence detail plan by Ameristar Title: Montage Plus Genesis 3R EXT 6'T 8' Panel, dated November 7, 2007, received July 21, 2021, with such further revisions as required by the Community Development Director; g. Preliminary Landscape Plan for Atlantic Packaging at Alft and Mason southeast corner of Alft Lane and Mason Road City of Elgin, Illinois, prepared by Manhard Consulting Ltd., dated July 23, 2021, with such further revisions as required by the Community Development Director; and h. Engineering plans titled: Proposed Improvements for Atlantic Packaging at Alft and Mason southeast corner of Alft Lane and Mason Road City of Elgin, Illinois, prepared by Manhard Consulting Ltd., dated July 23, 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. 35. A departure is hereby granted to allow the construction of a wall graphic on the north side of the building with a maximum sign surface area of 182 square feet. 36. A departure is hereby granted to allow the construction of a monument graphic on the property with a maximum sign surface area of 100 square feet. The proposed monument graphic shall include a masonry base. 37. A departure is hereby granted to allow the construction of three directional graphics with a maximum height of five feet and maximum sign surface area of 25 square feet including the base. The proposed directional graphics shall include a masonry base. 38. A departure is hereby granted to allow the construction of the vehicle use area with the minimum street yard setback of 45 feet from the north street lot line along Mason Road. 39. A departure is hereby granted to allow the construction of a six-foot high, open -design, fence in the street yards north and west of the building. 40. At the time of the construction of the building addition, a departure is hereby granted to allow the construction of a commercial operations yard in the street yard along Alft Lane. Such expanded commercial operations yard shall be screened with a six-foot high, open -design fence and landscape screening. 41. A departure is hereby granted to allow the screening of a commercial operations yard on the property with a six-foot high, open -design, fence, and landscape screening. c: AUGUST 25, 2021 VOLUME LXXXVI 42. A departure is hereby granted to allow the construction of a vehicle use area in excess of 20,000 square feet south of the building with no interior landscape yard. 43. A departure is hereby granted to allow the construction of a "loading facility" [SR] on the west side of the building facing Alft Lane. 44. A departure is hereby granted to construct the proposed building with non-traditional exterior building materials, more specifically metal panels, in excess of 25 per cent of the building's south elevation in substantial conformance with the following: a. Five -page concept design plans for Atlantic Packaging BTS, Alft Lane & Mason Road Elgin, Illinois, prepared by Ware Malcomb, dated July 19, 2021, with such further revisions as required by the Community Development Director; 45. A departure is hereby granted to allow the construction of an accessory structure, more specifically a silo, in the street yard west of the building. The proposed silo shall be painted white, or similar light color, to match the color of the building's west facade. 46. Any future building and site improvements for the construction of the building addition shall comply with all landscaping requirements of the Elgin Municipal Code, 1976, as amended. 47. At the time of site improvements for the construction of the building addition and the expansion of the commercial operations yard for parking and storage of semi -trucks and trailers, the applicant shall install berms along the west side of the commercial operations yard to enhance the screening from Alft Lane. 48. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. Presented: August 25, 2021 Passed: August 25, 2021 Vote: Yeas: 9 Nays: 0 Recorded: August 25, 2021 Published: August 27, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk c:: s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXVI AUGUST 25, 2021 RESOLUTION 21-131 ADOPTED AUTHORIZING THE CITY OF ELGIN TO APPLY FOR AN OPEN SPACE LANDS ACQUISITION AND DEVELOPMENT (OSLAD) GRANT FOR THE REHABILITATION OF MILLENNIUM PARK Councilmember Steffen made a motion, seconded by Councilmember Thoren, 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. 21-131 RESOLUTION AUTHORIZING THE CITY OF ELGIN TO APPLY FOR AN OPEN SPACE LANDS ACQUISITION AND DEVELOPMENT (OSLAD) GRANT FOR THE REHABILITATION OF MILLENNIUM PARK 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 a Resolution of Authorization on behalf of the City of Elgin to apply for an Open Space Lands Acquisition and Development (OSLAD) Grant for the Rehabilitation of Millennium Park, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 25, 2021 Adopted: August 25, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-132 ADOPTED ACCEPTING A GRANT FROM THE U.S. SMALL BUSINESS ADMINISTRATION (SBA) UNDER THE SHUTTERED VENUE OPERATORS GRANT (SVOG) PROGRAM AND RATIFYING THE EXECUTION OF A NOTICE OF AWARD RELATING THERETO Councilmember Steffen 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. WE AUGUST 25, 2021 VOLUME LXXXVI Resolution No. 21-132 RESOLUTION ACCEPTING A GRANT FROM THE U.S. SMALL BUSINESS ADMINISTRATION (SBA) UNDER THE SHUTTERED VENUE OPERATORS GRANT (SVOG) PROGRAM AND RATIFYING THE EXECUTION OF A NOTICE OF AWARD RELATING THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the U.S. Small Business Administration's (SBA) grant in the amount of $265,428.64 under the Shuttered Venue Operators Grant (SVOG) Program. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Notice of Award on behalf of the City of Elgin by Richard G. Kozal, City Manager, with the U.S. Small Business Administration (SBA) under the Shuttered Venue Operators Grant (SVOG) Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 25, 2021 Adopted: August 25, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G43-21 PASSED AUTHORIZING THE EXERCISE OF THE CITY OF ELGIN'S POWERS OF EMINENT DOMAIN AND THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN REAL PROPERTY FOR THE CITY OF ELGIN'S DUNDEE/SUMMIT INTERSECTION IMPROVEMENT PROJECT (470 DUNDEE AVENUE, ELGIN, ILLINOIS) Councilmember Steffen made a motion, seconded by Councilmember Dixon, 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. 390 VOLUME LXXXVI AUGUST 25, 2021 Ordinance No. G43-21 AN ORDINANCE AUTHORIZING THE EXERCISE OF THE CITY OF ELGIN'S POWERS OF EMINENT DOMAIN AND THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN REAL PROPERTY FOR THE CITY OF ELGIN' S DUNDEE/SUMMIT INTERSECTION IMPROVEMENT PROJECT (470 Dundee Avenue, Elgin, Illinois) WHEREAS, 65 ILCS 5/11-61-1 provides that the corporate authorities of Illinois municipalities may exercise the right of eminent domain to acquire by condemnation proceedings property determined to be useful, advantageous, or desirable for municipal purposes or the public welfare; and WHEREAS, the City of Elgin (the "City") is a home rule municipality as defined in Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the corporate authorities have determined it to be useful, advantageous, and desirable to construct and perform certain right-of-way improvements at and around the intersection of Dundee Avenue and Summit Street, said improvements referred to as the Dundee/Summit Intersection Improvement Project (the "Project"); and WHEREAS, the corporate authorities have further determined that it is necessary, useful, advantageous, desirable, and in the best interests of the City to acquire for the Project a portion of certain real property commonly known as 470 Dundee Avenue, Elgin, Illinois, as well as a temporary construction easement over a portion of the property (the "Subject Property"); and WHEREAS, the City obtained an appraisal of the fair market value of the property sought to be acquired by the City and the temporary construction easement, and made an offer to the owner of the Subject Property to pay compensation in the amount of the appraised value for the property interests required by the City for the Project; and WHEREAS, the City has in good faith engaged in negotiations with the owner of the Subject Property, through its attorney, but has been unable to reach an agreement with the owner for the acquisition by the City of the property interests required for the Project; and WHEREAS, the corporate authorities desire to adopt this ordinance authorizing the exercise of the City's eminent domain powers and the acquisition of the property interests required for the Project through the City's power of condemnation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the recitals set forth above are hereby adopted and incorporated into this Ordinance. 391 AUGUST 25, 2021 VOLUME LXXXVI Section 2. That it is necessary, useful, advantageous, and desirable for the Project that the City acquire by eminent domain fee simple title to a portion of the real property commonly known as 470 Dundee Avenue, Elgin, Kane County, Illinois 60123, Permanent Index Numbers 06-12-378-018 and 06-12-378-019, said real property to be acquired being legally described as follows: That part of Lots 1, 2. 3, and 4 in Babbitt's Addition to Elgin, being a subdivision of part of Section 12, Township 41 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999975, described as follows: Beginning at the intersection of the Westerly line of Dundee Avenue and the Southerly line of Summit Street; thence South 35 degrees 00 minutes 00 seconds West along the Westerly line of Dundee Avenue, a distance of 237.97 feet to the intersection with the Northerly line of Seneca Street; thence North 55 degrees 13 minutes 00 seconds West along said Northerly line, a distance of 4.00 feet; thence North 35 degrees 00 minutes 00 seconds East, a distance of 146.78 feet; thence North 29 degrees 09 minutes 48 seconds West, a distance of 98.36 feet to a point on the Southerly line of Summit Street; thence South 29 degrees 36 minutes 17 seconds East along said Southerly line, a distance of 15.50 feet to the point of beginning, in Kane County, Illinois; said parcel containing 0.033 Acres, more or less. Section 3. That it is necessary, useful, advantageous, and desirable for the Project that the City acquire by eminent domain a temporary construction easement over a portion of the real property commonly known as 470 Dundee Avenue, Elgin, Kane County, Illinois 60123, Permanent Index Numbers 06-12-378-018 and 06-12-378-019, said temporary construction easement to be acquired being legally described as follows: That part of Lot 3 in Babbitt's Addition to Elgin, being a subdivision of part of Section 12, Township 41 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999975, described as follows: Commencing at the intersection of the Westerly line of Dundee Avenue and the Southerly line of Summit Street; thence North 29 degrees 36 minutes 17 seconds West along said Southerly line, a distance of 15.50 feet; thence South 29 degrees 09 minutes 48 seconds East, a distance of 95.41 feet to the point of beginning; thence North 54 degrees 54 minutes 37 seconds West, a distance of 4.70 feet; thence South 35 degrees 00 minutes 00 seconds West, a distance of 48.00 feet; thence South 54 degrees 54 minutes 37 seconds East, a distance of 00 feet; thence North 35 degrees 00 minutes 00 seconds East, a distance of 45.07 feet; thence North 29 degrees 09 minutes 48 seconds West, a distance of 2.95 feet to the point of 392 VOLUME LXXXVI AUGUST 25, 2021 beginning, in Kane County, Illinois; said parcel containing 0.006 Acres (240 square feet), more or less. Section 4. That the corporate authorities have been advised of the history of negotiations for the acquisitions required by the City, and find that City staff has engaged in good faith negotiations to reach an agreement for such acquisitions and has been unable to reach such an agreement with the owner of the property. Section 5. That the Corporation Counsel, and his designees be, and hereby are, authorized, empowered, and directed to take the necessary steps to acquire by condemnation the property interests in the Subject Property described herein, and to institute condemnation proceedings in the Circuit Court of Kane County in the name of the City of Elgin for the purpose of acquiring title to and possession of said property, in accordance with the eminent domain laws in the State of Illinois. Section 6. If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. Section 7. That all ordinances or parts of ordinance in conflict with the provisions of this Ordinance be and are hereby repealed to the extent of any such conflict. Section 8. That this Ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Presented: August 25, 2021 Passed: August 25, 2021 Vote: Yeas: 9 Nays: 0 Recorded: August 25, 2021 Published: August 27, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 393 s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 25, 2021 VOLUME LXXXVI CONSIDERATION OF APPOINTMENTS TO COMMUNITY TASK FORCE ON POLICING There was discussion regarding the next steps in the Community Task Force on Policing. Topics discussed included the scope of duties for the task force, the time frame to complete those duties, how the chair would be selected, the number of members, and the role of councilmembers on the task force. Based on this discussion, and consensus of the councilmembers, staff would prepare an ordinance for consideration. CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Shaw, to pass Ordinance No. G39-21 and adopt Resolution Nos. 21-126 through 21-130 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 21-126 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ONE SOURCE PRODUCTIONS, LLC FOR TV PRODUCTION PROGRAMMING AND VIDEO SERVICES Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. 21-126 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ONE SOURCE PRODUCTIONS, LLC FOR TV PRODUCTION PROGRAMMING AND VIDEO SERVICES 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, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with One Source Productions, LLC, for TV production programming and video services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor M VOLUME LXXXVI AUGUST 25, 2021 Presented: August 25, 2021 Adopted: August 25, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-127 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 WESTSIDE AREA RESURFACING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. 21-127 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 WESTSIDE AREA RESURFACING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional services in connection with the 2021 westside area resurfacing program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 395 AUGUST 25, 2021 VOLUME LXXXVI Presented: August 25, 2021 Adopted: August 25, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-128 ADOPTED APPROVING THE CONTINUED PARTICIPATION OF THE CITY OF ELGIN IN A CONTRACT RENEWAL BETWEEN THE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES AND WEX BANK FOR THE PROCUREMENT OF FUEL FOR MUNICIPAL VEHICLE FLEET AND EQUIPMENT Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. 21-128 RESOLUTION APPROVING THE CONTINUED PARTICIPATION OF THE CITY OF ELGIN IN A CONTRACT RENEWAL BETWEEN THE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES AND WEX BANK FOR THE PROCUREMENT OF FUEL FOR MUNICIPAL VEHICLE FLEET AND EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the continued participation of the City of Elgin in a contract renewal between the State of Illinois Department of Central Management Services and WEX Bank providing for the procurement of fuel for the City of Elgin's municipal vehicle fleet and equipment, a copy of which is attached hereto and made a part hereof by reference. Presented: August 25, 2021 Adopted: August 25, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 396 s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXVI AUGUST 25, 2021 RESOLUTION 21-129 ADOPTED DETERMINING REAL ESTATE LOCATED AT 1300 WEST BARTLETT ROAD IS APPROPRIATE FOR CLASS 6B SUSTAINABLE EMERGENCY RELIEF (SER) COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION (ELGIN SWEEPER COMPANY) Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. 21-129 RESOLUTION DETERMINING REAL ESTATE LOCATED AT 1300 WEST BARTLETT ROAD IS APPROPRIATE FOR CLASS 6B SUSTAINABLE EMERGENCY RELIEF (SER) COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION (Elgin Sweeper Company) WHEREAS, the City of Elgin (the "City") desires to promote the retention and expansion of business and industry in the City; and WHEREAS, the Cook County Board of Commissioners has adopted the Cook County Real Property Classification Ordinance which creates the Class 6b Sustainable Emergency Relief (SER) Tax Assessment Program to retain industrial development in Cook County; and WHEREAS, Elgin Sweeper Company is operating a manufacturing facility on the property located at 1300 West Bartlett Road, Cook County, Illinois, consisting of Permanent Index Number 06-32-101-004-0000, and as further described in the legal description attached hereto as Exhibit "A" and made a part hereof (the "Property"), and has requested that the City grant approval of a Cook County Class 6b SER Tax Assessment Classification; and WHEREAS, such approval is required prior to the filing of an application with the County of Cook to be considered for approval; and WHEREAS, the City is a Home Rule municipality within the purview of Article VII, Section 6(a) for the Illinois Constitution (1970) and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, it has been determined by the Mayor and City Council of the City of Elgin that approving the Cook County Class 6b SER for the Property is necessary and beneficial for the local economy; and WHEREAS, to promote commercial stability, property values of neighboring commercial property, prevent potential blight brought on by vacancy and to retain jobs within the City, the Mayor and City Council of the City of Elgin have determined that it is in the best interests of the City to approve the Class 6b SER incentive for the Property. 397 AUGUST 25, 2021 VOLUME LXXXVI NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby finds and determines that the Property is appropriate for classification 6b SER under the Cook County Real Property Assessment Classification Ordinance. BE IT FURTHER RESOLVED, that the City of Elgin supports and consents to the Class 6b SER Cook County Real Property Assessment Classification as being necessary for the occupancy of the Property and that without such incentive, the Property is unlikely to remain occupied. BE IT FURTHER RESOLVED, that the City supports and consents to the filing of an application by the owner of the Property as provided by the Cook County Real Property Assessment Classification Ordinance. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby authorized and directed to furnish the Office of the Cook County Assessor with two certified copies of this resolution. Presented: August 25, 2021 Adopted: August 25, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk s/ David J. Kaptain David J. Kaptain, Mayor EXHIBIT A LEGAL DESCRIPTION LOT 1 IN ELGIN-VICTOR INDUSTRIAL PARK UNIT NO. 1, BEING A PART OF THE NORTHEAST'/4 OF SECTION 31 AND A PART OF THE NORTHWEST'/4 OF SECTION 32, ALL IN TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MEDIAN, ACCORDING TO THE PLAT THEREFORE RECORDED DECEMBER 9, 1966 AS DOCUMENT 20019150, IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 1300 WEST BARTLETT ROAD, ELGIN, ILLINOIS 60120 PIN: 06-32-101-004-0000 9M VOLUME LXXXVI AUGUST 25, 2021 RESOLUTION 21-130 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. 21-130 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jordan Wildermuth is hereby appointed as a member of the Planning and Zoning Commission, for a term that will expire on July 1, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Karin Jones and Steven Migala are hereby reappointed as members of the Planning and Zoning Commission, for a term that will expire on July 1, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Abiezel Raices and Brandon Yaniz are hereby appointed as members of the Human Relations Commission, for terms that will expire on May 1, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dan Brosier is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Tom Armstrong, Deb McMullen, Jeff Biss, Steve Kroiss, Christopher Flaherty are hereby reappointed as members of the Sustainability Commission, for a term that will expire on June 1, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Steve Thoren is hereby appointed as a member of the Liquor Control Commission, for a term that will expire on April 30, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Corey Dixon, Rose Martinez, and Toby Shaw are hereby reappointed as members of the Liquor Control Commission, for a term that will expire on April 30, 2023. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 25, 2021 VOLUME LXXXVI Presented: August 25, 2021 Adopted: August 25, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G39-21 PASSED GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE IN THE CC1 CENTER CITY DISTRICT (164 DIVISION STREET, SUITE 716) Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. G39-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE IN THE CC CENTER CITY DISTRICT (164 Division Street, Suite 716) WHEREAS, written application has been made requesting conditional use approval to establish an individual and family social service at 164 Division Street, Suite 716; and WHEREAS, the zoning lot with the building containing the premises at 164 Division Street, Suite 716, is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the CC1 Center City District, and an individual and family social service 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 July 12, 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 WE VOLUME LXXXVI AUGUST 25, 2021 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 July 12, 2021, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for an individual and family social service is hereby granted for the property commonly known as 164 Division Street, Suite 716, which is part of the property commonly identified by Kane County Property Index Number 06-14-279-010, and legally described as follows: The East 61 Feet of Lot 3 in Block 2 in S. Newton Dexter's Addition to Elgin, Kane County, Illinois. (commonly known as 164 Division Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 49. Substantial conformance to the Development Application submitted by Coresair Mack, as applicant, and Vijulima LLC Division Street Series, as property owner, received June 11, 2021 and supporting documents including: a. Undated Statement of Purpose and Conformance, dated received June 11, 2021; b. Plat of Survey, prepared by Gerald Sopha, dated November 30, 2004; c. Undated floor plan, dated received June I I, 2021, with such further revisions as required by the Community Development Director; and d. Undated 9-page building floor plans for The Professional Building, dated received June 11, 2021, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 401 AUGUST 25, 2021 VOLUME LXXXVI 50. All street graphics must comply with the zoning ordinance requirements. 51. The proposed individual and family social service may relocate and/or expand within the existing building located at 164 Division Street, provided that said social service is limited to one floor of the building. If said social service proposes to relocate and/or expand such that the occupancy spans more than one floor, the relocation and/or expansion first requires consideration of an amendment to this grant of conditional use, and that amendment shall be processed in accordance with Chapter 19.65 of the Elgin Municipal Code 1976 as amended. 52. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 25, 2021 Passed: August 25, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 25, 2021 Published: August 27, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen 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, Steffen, Thoren, and Mayor Kaptain. Nays: None. Emergency Telephone Board (E911), July 15, 2021 Heritage Commission -Design Review, July 27, 2021 Sustainability Commission, July 13 and 24, 2021 Committee of the Whole, July 28, 2021 City Council Minutes, July 28, 2021 Disbursement Report 402 VOLUME LXXXVI AUGUST 25, 2021 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Steffen, 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 8:42 p.m. s/ Kimberly Dewis Kimberly Dewis, City Clerk 403 September 8, 2021 Date Approved