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HomeMy WebLinkAboutt - October 27, 2021 CCVOLUME LXXXVI OCTOBER 27, 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 October 27, 202 1, in Hawthorne Hill Nature Center located at 28 Brookside Drive. The meeting was called to order by Mayor Kaptain at 8:31 p.m. ROLL CALL Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None. MINUTES OF THE OCTOBER 13, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the October 13, 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. PUBLIC COMMENT Caesar Mendez noted the amenities that the Hawthorn Hill Nature Center offered and made suggestions on other ways to utilize the space. OMNIA PARTNERS COOPERATIVE PURCHASING PROGRAM CONTRACT APPROVED WITH REINDERS INC. TO PURCHASE GOLF COURSE MAINTENANCE EQUIPMENT REPLACEMENTS Councilmember Steffen made a motion, seconded by Councilmember Thoren, to approve a contract with Reinders Inc. in the amount of $170,850 for the purchase of two Toro fairway mower units and a chemical sprayer to replace outdated golf equipment at Bowes Creek Country Club and The Highlands of Elgin. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. E.. VOLUME LXXXVI OCTOBER 27, 2021 ORDINANCE G56-21 PASSED AMENDING CHAPTER 6.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VIDEO GAMING" TO AMEND THE NUMBER OF AVAILABLE VIDEO GAMING LICENSES There was discussion regarding the limit on the number of machines, the fees the city imposes compared to other communities, the potential impact on the riverboat and the benefits to the establishments that have video gaming terminals. Councilmember Thoren made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Rauschenberger. Ordinance No. G56-21 AN ORDINANCE AMENDING CHAPTER 6.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VIDEO GAMING" TO AMEND THE NUMBER OF AVAILABLE VIDEO GAMING LICENSES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.08.090 of the Elgin Municipal Code, 1976, as amended, entitled "Limitations on the Issuance of Video Gaming Terminal Licenses:" be and is hereby further amended to read as follows: "The number of video gaming terminal licenses shall be limited to one hundred fifty nine (159) video gaming terminals." Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor 467 OCTOBER 27, 2021 VOLUME LXXXVI Presented: October 27, 2021 Passed: October 27, 2021 Vote: Yeas: 8 Nays: 1 Recorded: October 27, 2021 Published: October 28, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-158 ADOPTED ENDORSING THE 2021 CLIMATE ACTION PLAN FOR THE CHICAGO REGION 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, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Shaw. Resolution 21-158 RESOLUTION ENDORSING THE 2021 CLIMATE ACTION PLAN FOR THE CHICAGO REGION WHEREAS, on July 13, 2021, the Metropolitan Mayors Caucus launched the 2021 Climate Action Plan for the Chicago Region in partnership with the National Oceanic and Atmospheric Administration (NOAA) and the Global Covenant of Mayors for Climate and Energy, and with support from the European Union, the Chicago Metropolitan Agency for Planning, and the Metropolitan Planning Council; and WHEREAS, on August 9, 2021, the Intergovernmental Panel on Climate Change issued the Sixth Assessment Report authored by 234 scientists from 66 countries containing dire warnings about the state of the planet but showing that human actions have the potential to determine the future for climate; and WHEREAS, more than 250 individuals from 175 stakeholder organizations including 53 municipalities throughout Northeastern Illinois invested two years of work through in -person and virtual collaboration and developed a comprehensive, municipally focused and regional impactful climate action plan that is anchored in equity with the well-being of people at its core; and WHEREAS, the Climate Action Plan for the Chicago Region invites collaboration from all regional, state and federal agencies and the private sector; and WHEREAS, the Climate Action Plan for the Chicago Region identifies the following science -based goals and objectives for the region and identifies strategies for municipalities to VOLUME LXXXVI OCTOBER 27, 2021 take measurable and meaningful action to both dramatically reduce greenhouse gas emissions and develop resiliency to climate -related hazards that threaten the community, economic health and the natural environment: Climate Mitigation Goal: Net zero greenhouse gas emissions Mitigation Targets: By 2030 Reduce GHG emissions 50% from 2005 levels By 2040 Reduce GHG emissions 65% from 2005 levels By 2050 Reduce GHG emissions at least 80% from 2005 levels Mitigation Objectives: Demonstrate leadership to reduce emissions Decarbonize energy sources Optimize building energy Implement clean energy policies Decarbonize transportation Reduce vehicle miles traveled Manage water and waste sustainably Sustain ecosystems to sequester carbon Climate Adaptation Goal: Persistent, equitable climate adaptation Adaptation Targets: By 2030 Climate -resilient governance By 2040 Resilience across jurisdictions By 2050 Cohesive, resilient communities Adaptation Objectives: Engage and educate the community about climate resilience and adaptation Incorporate equity and inclusion into climate adaptation efforts Collaborate and build capacity for a more resilient community Enact plans and policies focused on adaptation and resilience Adapt operations and investments for future climate conditions WHEREAS, municipal governments have unique strengths in developing community resiliency and in taking long-term action to mitigate climate change that are amplified through regional collaboration. ,i. OCTOBER 27, 2021 VOLUME LXXXVI NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elgin, Illinois, hereby expresses its support for the goals and objectives of the 2021 Climate Action Plan for the Chicago Region proposed by the Metropolitan Mayors Caucus and pledges to take strategic action to achieve these goals for a more resilient, equitable and healthy future. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 27, 2021 Adopted: October 27, 2021 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. S7-21, G54-21 and G55-21, as well as adopt Resolution Nos. 21-154 through 21-160 (except Resolution No. 21-158) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 21-154 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH COOMBS ROAD STP-FUNDED RESURFACING PROJECT 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. Resolution No. 21-154 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH COOMBS ROAD STP-FUNDED RESURFACING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that 470 VOLUME LXXXVI OCTOBER 27, 2021 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 Hampton, Lenzini and Renwick, Inc., for professional services in connection with Coombs Road STP-Funded Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 27, 2021 Adopted: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-155 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH STEWART SPREADING, INC. FOR THE REMOVAL AND DISPOSAL OF WATER TREATMENT LIME RESIDUALS 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. Resolution No. 21-155 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH STEWART SPREADING, INC. FOR THE REMOVAL AND DISPOSAL OF WATER TREATMENT LIME RESIDUALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with 471 OCTOBER 27, 2021 VOLUME LXXXVI Stewart Spreading, Inc., for the removal and disposal of water treatment lime residuals, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 27, 2021 Adopted: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-156 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH TRINE CONSTRUCTION CORPORATION FOR LORD STREET BASIN COMBINED SEWER SEPARATION PHASE 5 (BID 19-027) 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. Resolution No. 21-156 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH TRINE CONSTRUCTION CORPORATION FOR LORD STREET BASIN COMBINED SEWER SEPARATION PHASE 5 (BID 19-027) WHEREAS, the City of Elgin has heretofore entered into a contract with Trine Construction Corporation for Lord Street basin combined sewer separation phase 5 (Bid 19-027); and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final attached hereto. NOW, THEREFORE, 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 472 VOLUME LXXXVI OCTOBER 27, 2021 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 Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 27, 2021 Adopted: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-157 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH GRAYBAR ELECTRIC COMPANY, INC. FOR THE PURCHASE OF PROGRAMMABLE LOGIC CONTROLLERS UPGRADES 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. Resolution No. 21-157 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH GRAYBAR ELECTRIC COMPANY, INC. FOR THE PURCHASE OF PROGRAMMABLE LOGIC CONTROLLERS UPGRADES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin 473 OCTOBER 27, 2021 VOLUME LXXXVI with GraybaR Electric Company, Inc., for the purchase of programmable logic controllers upgrades, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 27, 2021 Adopted: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-159 ADOPTED AUTHORIZING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED 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. Resolution No. 21-159 RESOLUTION AUTHORIZING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the proposal of Blue Cross Blue Shield of Illinois for the City of Elgin's HMO and PPO medical insurance program for the period of January 1, 2022 through December 31, 2022. BE IT FURTHER RESOLVED that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Blue Cross Blue Shield of Illinois for the City of Elgin's HMO and PPO medical insurance program. s/ David J. Kaptain David J. Kaptain, Mayor 474 VOLUME LXXXVI OCTOBER 27, 2021 Presented: October 27, 2021 Adopted: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-160 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN 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. Resolution No. 21-160 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from January 2021 through July 2021, are hereby approved as set forth in Exhibit A. 475 OCTOBER 27, 2021 VOLUME LXXXVI Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. The destruction of the verbatim records of executive session meetings conducted more than eighteen (18) months prior to the date of this resolution and for which the minutes of such executive session meetings have previously been approved and released is hereby authorized. Section 4. This resolution shall be in full force and effect from and after its passage. Presented: October 27, 2021 Adopted: October 27, 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 THESE MINUTES NEED TO BE APPROVED AND DETERMINATION MADE WHETHER THEY CAN BE RELEASED: • January 13, 2021 • February 10, 2021 • March 10, 2021 • April 14, 2021 • April 28, 2021 • May 26, 2021 EXHIBIT B CONFIDENTIAL TREATMENT STILL EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES: • Portion of December 4, 2019 • Portion of July 22, 2020 • Portion of October 14, 2020 • Portion of December 2, 2020 476 VOLUME LXXXVI OCTOBER 27, 2021 • Portion of December 16, 2020 • Portion of January 13, 2021 • Portion of February 10, 2021 ORDINANCE S7-21 PROVIDING FOR ADVANCE FUNDING FOR THE CITY OF ELGIN POLICE PENSION FUND AND CITY OF ELGIN FIREFIGHTER PENSION FUND 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. S7-21 AN ORDINANCE PROVIDING FOR ADVANCE FUNDING FOR THE CITY OF ELGIN POLICE PENSION FUND AND CITY OF ELGIN FIREFIGHTER PENSION FUND WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to provide advance funding for a portion of the City of Elgin's payments to the City of Elgin Police Pension Fund and the City of Elgin Firefighter's Pension Fund for fiscal year 2022. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN: Section 1. That the City Manager, Richard G. Kozal, be and is hereby authorized and directed to provide advance funding for a portion of the City of Elgin's payment to the City of Elgin Police Pension Fund for fiscal year 2022 by transferring the total amount of Two Million Five Hundred Seventy Thousand Five Hundred Dollars ($2,570,500) from the City of Elgin's general fund reserves to the City of Elgin Police Pension Fund. Section 2. That the City Manager, Richard G. Kozal, be and is hereby authorized and directed to provide advance funding for a portion of the City of Elgin's payment to the City of Elgin Firefighter Pension Fund for fiscal year 2022 by transferring the amount of Two Million Six Hundred Thirty Seven Thousand Three Hundred Dollars ($2,637,300) from the City of Elgin's general fund reserves to the City of Elgin Firefighter Pension Fund. Section 3. That the foregoing transfers from the City of Elgin general fund reserves to the City of Elgin Police Pension Fund and City of Elgin Firefighter's Pension Fund shall be made within thirty (30) days hereof and such payments shall be included within a budget amendment for the 2021 budget to be hereinafter presented to the City Council. 477 OCTOBER 27, 2021 VOLUME LXXXVI Section 4. This ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 27, 2021 Passed: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 27, 2021 Published: October 28, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G54-21 GRANTING A CONDITIONAL USE FOR MISCELLANEOUS PERSONAL SERVICES, NOT ELSEWHERE CLASSIFIED, AND AN AMUSEMENT AND RECREATION SERVICE, NOT ELSEWHERE CLASSIFIED IN THE CCI CENTER CITY DISTRICT (164 DIVISION STREET, SUITE 402) 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. G54-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR MISCELLANEOUS PERSONAL SERVICES, NOT ELSEWHERE CLASSIFIED, AND AN AMUSEMENT AND RECREATION SERVICE, NOT ELSEWHERE CLASSIFIED IN THE CCI CENTER CITY DISTRICT (164 Division Street, Suite 402) WHEREAS, written application has been made requesting conditional use approval to establish miscellaneous personal services, not elsewhere classified, more specifically a massage parlor, and an amusement and recreation service, not elsewhere classified, more specifically a fortune teller at 164 Division Street, Suite 402; and WHEREAS, the zoning lot with the building containing the premises at 164 Division Street, Suite 402, is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the CCI Center City District, and miscellaneous personal services, not elsewhere classified, more specifically a massage parlor, Em VOLUME LXXXVI OCTOBER 27, 2021 and an amusement and recreation service, not elsewhere classified, more specifically a fortune teller are listed as a conditional use within the CC Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on September 13, 2021, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the CC 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 September 13, 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 miscellaneous personal services, not elsewhere classified, more specifically a massage parlor, and an amusement and recreation service, not elsewhere classified, more specifically a fortune teller is hereby granted for the property commonly known as 164 Division Street, Suite 402, 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: 479 OCTOBER 27, 2021 VOLUME LXXXVI 1. Substantial conformance to the Development Application submitted by Zaida Velgara, as applicant, and Vijulima LLC Division Street Series, as property owner, received July 29, 2021 and supporting documents including: a. Undated letter from Zaida Velgara, dated received July 30, 2021; b. Plat of Survey, prepared by Gerald Sopha, dated November 30, 2004; c. Undated 4th floor plan, dated received July 30, 2021, with such further revisions as required by the Community Development Director; and d. Undated Suite 402 layout plan, dated received July 31, 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. 2. All street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. Presented: October 27, 2021 Passed: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 27, 2021 Published: October 28, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk M'1 s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXVI OCTOBER 27, 2021 ORDINANCE G55-21 GRANTING A CONDITIONAL USE FOR A CHURCH (115 SOUTH GROVE AVENUE, SUITE 210-211) 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. G55-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHURCH (115 South Grove Avenue, Suite 210-211) WHEREAS, written application has been made requesting conditional use approval to establish a church at 115 South Grove Avenue, Suite 210-211; and WHEREAS, the zoning lot with the building containing the premises at 115 South Grove Avenue, Suite 210-211, is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a church is listed as a conditional use within the CC Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on September 13, 2021, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the CC Center City District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: OCTOBER 27, 2021 VOLUME LXXXVI Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 13, 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 church is hereby granted for the property commonly known as 115 South Grove Avenue, Suite 210-211, which is part of the property commonly identified by Kane County Property Index Number 06-13-309-002, and legally described as follows: Lots 7, 8 and 19 in Block 13 of the Original Town of Elgin, on the East side of the Fox River, (excepting therefrom that part of said Lots 8 and 190. Described as follows: Commencing at the intersection of the East line of Spring Street with the South Line of Fulton Street to a point in the Southerly line of Fulton Street which is 36 feet Westerly from the Northeast corner of said Lot 8; thence Southernly parallel with the Eastemly line of said Lot 8 a distance of 44.86 feet; thence Westerly parallel with the South line of Fulton Street to the Easterly line of Spring Street; thence Northerly along said Easterly line to the point of beginning), in the City of Elgin, Kane County, Illinois (commonly known as 115 South 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: 4. Substantial conformance to the Development Application submitted by Outreach Fellowship Christian Center as applicant, and LaSalle Trust, Trust: TR#A7712481503, as property owner, received August 11, 2021, and supporting documents including: a. Undated Statement of Purpose and Conformance, dated received July 6, 2021; b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated January 15, 1999; c. Second Floor Plan, prepared by DBH & Associates, Architects, dated October 20, 2020, with such further revisions as required by the Community Development Director; and d. Undated partial floor plan, prepared by DBH & Associates, Architects, dated October 20, 2020, dated received August 24, 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. 5. This grant of conditional use is limited to Suite 210-211 as depicted upon the Undated partial floor plan, prepared by DBH & Associates, Architects, dated October 20, 2020, dated received August 24, 2021, with such further revisions as required by the Community Development Director. VOLUME LXXXVI OCTOBER 27, 2021 6. All exterior street graphics must comply with the zoning ordinance requirements. 7. That the 100-foot restriction set forth in section 6-11 of the Illinois Liquor Control Act, 235 ILCS 511-1 et seq. (the "Act), shall not apply with respect to the church and future retail liquor licenses, such that future liquor license establishments shall not be prohibited by the Act from locating within 100 feet of any church or church affiliated school located at 115 S. Grove Avenue, Suite 210-211. 8. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 27, 2021 Passed: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 27, 2021 Published: October 28, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made a motion, seconded by Councilmember 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. Board of Health, April 12, 2021 Fire Pension Fund, August 2, 2021 Board of Fire & Police Commissioners, July 15 and August 19, 2021 Liquor Commission, September 8, 2021 Planning & Zoning Commission, September 13, 2021 Committee of the Whole, September 22, 2021 City Council Minutes, September 22, 2021 Riverboat Revenue Disbursement Report OCTOBER 27, 2021 VOLUME LXXXVI ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Martinez, 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 8:48 p.m. s/ Kimberly Dewis Kimberly Dewis, City Clerk ME November 17, 2021 Date Approved