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HomeMy WebLinkAboutv - November 17, 2021 CCVOLUME LXXXVI NOVEMBER 47, 2024 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 November 17, 2021, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None. . Councilmembers Dixon, Rauschenberger and Steffen attended by electronic means. MINUTES OF THE OCTOBER 27, 2021, AND THE NOVEMBER 3, 2021 COUNCIL MEETINGS APPROVED AS DISTRIBUTED Councilmember Dixon made a motion, seconded by Councilmember Martinez, to approve the October 27, 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. Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve the November 3, 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 Bears Youth Football I IU Team Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the Elgin Bears llu Orange Team, which calls Drake Field their home field, came in 2nd at the Northern Illinois United Youth Football League State Championship, VOLUME LXXXVI NOVEMBER 17, 2021 and has qualified for Nationals in Florida, finishing with an 11-3 record over the course of the season; and WHEREAS, the Elgin Bears flu Orange Team worked to improve the image of Elgin by positively representing the community where they live, play and study and is the only one of eight teams from Elgin to qualify for the National Championship Tournament; and WHEREAS, the Elgin Bears flu Orange Team are coached by Shaun Hopkins, Jerrail Johnson-Blalark, Adrian Hernandez, Marcus Vasquez and Team Mom Nicole Juarez; and WHEREAS, the 2021 Elgin Bears Ilu Orange Team are led by captains: JaKobe Baldwin, DeAngelo Cain, Robert Cooper, Christian Cordova, Max Hernandez, Josh Johnson, Ja'rese Kilberts and D'Areon Sparrow; and WHEREAS, special recognition is due to all of the Elgin Bears Ilu Orange Team members: Daniel Beckett, Semaj Collier, Lamontay Dobbins, Jovan Gonzalez, Jose Gutierrez, Jayden Jaynes, Carmello Johnson, Pedro Vargas and Brian Watson. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to the Elgin Bears Youth Football I IU Team on their achievement in their 2021 season and their qualification to the National Championship in Florida. IN WITNESS WHEREOF, I have hereunto set my hand this 17t" day of November, 2021. David J. Kaptain Mayor PUBLIC COMMENTS The following emails were read: Earl Silbar stated his support of municipal aggregation for renewable energy and a community solar program. Robin Migalla stated support of municipal aggregation for renewable energy and a community solar program. John Kokois stated his support of municipal aggregation for renewable energy and a community solar program. Rev. Katie Shaw Thompson stated her support of municipal aggregation for renewable energy and a community solar program. 509 NOVEMBER 17, 2021 VOLUME LXXXVI Barbara Nus stated her support of municipal aggregation for renewable energy and a community solar program. The following comments were made in person. Vivienne Bailey stated her support of municipal aggregation for renewable energy and a community solar program. Cheryl Brumbaugh-Cayford stated her support of municipal aggregation for renewable energy and a community solar program. Cesar Mendez stated his concerns over the current translations services offered by the city. Demitrius Smith congratulated the Elgin Bears Youth Football 11U team on their qualification for Nationals. NATIONAL COOPERATIVE PURCHASING ALLIANCE CONTRACT APPROVED WITH F.H. PASCHEN FOR THE WING PARK POOL BOILER REPLACEMENT Councilmember Thoren made a motion, seconded by Councilmember Martinez, to approve the contract with F. H. Paschen in the amount of $700,047 for the replacement of the boilers at the Wing Park Pool. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. NATIONAL COOPERATIVE PURCHASING ALLIANCE CONTRACT APPROVED WITH F.H. PASCHEN FOR THE POLICE RECORDS SERVICE COUNTER RENOVATIONS Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the contract with F. H. Paschen in the amount of $77,689 for renovations to the police records service counter to provide a more efficient operation for the department. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 21-171 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (AGREEMENT NO. HS-22-0124, 04-02) Councilmember Powell mad 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. 510 VOLUME LXXXVI NOVEMBER 17, 2021 Resolution No. 21-171 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (Agreement No. HS-22-0124, 04-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $111,900 for occupant protection and impaired driving enforcement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Debra Nawrocki, Chief Financial Officer, be and are hereby authorized and directed to execute a grant agreement with the State of Illinois and the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 17, 2021 Adopted: November 17, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-169 REMOVED FROM THE CONSENT AGENDA AND TABLED Councilmember Shaw requested that item five, Resolution 21-169 Appointing Members to Various Boards and Commissions, be removed from the consent agenda. Councilmember Shaw made a motion, seconded by Councilmember Martinez, to table resolution 21-169. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. 511 NOVEMBER 17, 2021 VOLUME LXXXVI CONSENT AGENDA By unanimous consent, Councilmember Martinez made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G61-21 and G62-21 and adopt Resolution Nos. 21-165 through 21-167, and 21-170 through 21-171 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 21-165 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVEY RESOURCE GROUP, INC. FOR TREE INVENTORY SERVICES Councilmember Martinez made a motion, seconded by Councilmember Steffen 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. 21-165 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVEY RESOURCE GROUP, INC. FOR TREE INVENTORY SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Davey Resource Group, Inc., for tree inventory services, a copy of which is attached hereto and made a part hereof by reference. Presented: November 17, 2021 Adopted: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 512 s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXVI NOVEMBER 17, 2021 RESOLUTION 21-166 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2022 Councilmember Martinez made a motion, seconded by Councilmember Steffen to adopt 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. 21-166 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of city council meetings for 2022 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 2022 Committee of the Whole January 12, 2022 6:00 PM City Council January 12, 2022 7:00 PM Committee of the Whole January 26, 2022 6:00 PM City Council January 26, 2022 7:00 PM Committee of the Whole February 9, 2022 6:00 PM City Council February 9, 2022 7:00 PM Committee of the Whole February 23, 2022 6:00 PM City Council February 23, 2022 7:00 PM Committee of the Whole March 9, 2022 6:00 PM City Council March 9, 2022 7:00 PM Committee of the Whole March 23, 2022 6:00 PM City Council March 23, 2022 7:00 PM Committee of the Whole April 13, 2022 6:00 PM City Council April 13, 2022 7:00 PM Committee of the Whole April 27, 2022 6:00 PM City Council April 27, 2022 7:00 PM Committee of the Whole May 11, 2022 6:00 PM City Council May 11, 2022 7:00 PM Committee of the Whole May 25, 2022 6:00 PM City Council May 25, 2022 7:00 PM Committee of the Whole June 8, 2022 6:00 PM City Council June 8, 2022 7:00 PM Committee of the Whole June 22, 2022 6:00 PM City Council June 22, 2022 7:00 PM 513 NOVEMBER 17, 2021 VOLUME LXXXVI Committee of the Whole July 13, 2022 6:00 PM City Council July 13, 2022 7:00 PM Committee of the Whole July 27, 2022 6:00 PM City Council July 27, 2022 7:00 PM Committee of the Whole August 10, 2022 6:00 PM City Council August 10, 2022 7:00 PM Committee of the Whole August 24, 2022 6:00 PM City Council August 24, 2022 7:00 PM Committee of the Whole September 14, 2022 6:00 PM City Council September 14, 2022 7:00 PM Committee of the Whole September 28, 2022 6:00 PM City Council September 28, 2022 7:00 PM Committee of the Whole October 12, 2022 6:00 PM City Council October 12, 2022 7:00 PM Committee of the Whole October 26, 2022 6:00 PM City Council October 26, 2022 7:00 PM Committee of the Whole November 2, 2022 6:00 PM City Council November 2, 2022 7:00 PM Special Committee of the Whole November 9, 2022 5:00 PM Committee of the Whole November 16, 2022 5:00 PM City Council November 16, 2022 7:00 PM Committee of the Whole December 7, 2022 5:00 PM City Council December 7, 2022 7:00 PM Committee of the Whole December 21, 2022 6:00 PM City Council December 21, 2022 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing city council meetings shall be held in the city council chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120. s/ David J. Kaptain David J. Kaptain, Mayor 514 VOLUME LXXXVI NOVEMBER 17, 2021 Presented: November 17, 2021 Adopted: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-167 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH RAMBOLL AMERICAS INTEGRATED SOLUTIONS, INC. F/K/A O'BRIEN & GERE, INC. OF NORTH AMERICA FOR PROFESSIONAL SERVICES IN CONNECTION WITH ENVIRONMENTAL INVESTIGATIONS RELATING TO A FORMER LEAKING UNDERGROUND STORAGE TANK AT 1010 WING STREET, ELGIN, ILLINOIS Councilmember Martinez made a motion, seconded by Councilmember Steffen to adopt 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. 21-167 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH RAMBOLL AMERICAS INTEGRATED SOLUTIONS, INC. F/K/A O'BRIEN & GERE, INC. OF NORTH AMERICA FOR PROFESSIONAL SERVICES IN CONNECTION WITH ENVIRONMENTAL INVESTIGATIONS RELATING TO A FORMER LEAKING UNDERGROUND STORAGE TANK AT 1010 WING STREET, ELGIN, ILLINOIS WHEREAS, the City of Elgin has heretofore entered into an agreement with Ramboll Americas Integrated Solutions, Inc. f/k/a O'Brien & Gere, Inc. of North America for professional services in connection with environmental investigations relating to a former leaking underground storage tank at 1010 Wing Street, Elgin, Illinois; and WHEREAS, it is necessary and desirable to modify the terms of the agreement as is described in Change Order No. 1 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 515 NOVEMBER 17, 2021 VOLUME LXXXVI 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, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 17, 2021 Adopted: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-168 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 1242 CEDAR AVENUE Councilmember Martinez made a motion, seconded by Councilmember Steffen to adopt 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. 21-168 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 1242 CEDAR AVENUE 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 real estate contract on behalf of the City of Elgin with Gary Bohlin and Cynthia Bohlin, for the purchase of the property commonly known as 1242 Cedar Avenue, Elgin, IL 60120 for $187,500, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 516 VOLUME LXXXVI NOVEMBER 17, 2021 Presented: November 17, 2021 Adopted: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 21-170 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH MULTIPLE 2022 STP-FUNDED RESURFACING PROJECTS Councilmember Martinez made a motion, seconded by Councilmember Steffen to adopt 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. 21-170 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH MULTIPLE 2022 STP-FUNDED RESURFACING PROJECTS 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 Hampton, Lenzini and Renwick, Inc., for professional services in connection with multiple 2022 STP-funded resurfacing projects, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 517 NOVEMBER 17, 2021 VOLUME LXXXVI Presented: November 17, 2021 Adopted: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G61-21 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 Councilmember Martinez made a motion, seconded by Councilmember Steffen to adopt 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. G61-21 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 (165) 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 518 VOLUME LXXXVI NOVEMBER 17, 2021 Presented: November 17, 2021 Passed: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 17, 2021 Published: November 19, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G62-21 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR AN OTHER SCHOOL AND EDUCATIONAL SERVICE IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (400 SOUTH RANDALL ROAD, SUITE I) Councilmember Martinez made a motion, seconded by Councilmember Steffen to adopt 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. G62-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR AN OTHER SCHOOL AND EDUCATIONAL SERVICE IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (400 South Randall Road, Suite I) WHEREAS, written application has been made requesting conditional use approval for a planned development to establish another school and educational service, more specifically a tutoring center, with a departure from the minimum number of required parking spaces at 400 South Randall Road, Suite I; and WHEREAS, the zoning lot containing the premises at 400 South Randall Road, Suite I, is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the AB Area Business District, and another school and educational service, more specifically a tutoring center, is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on October 4, 2021, following due notice including by publication; and 519 NOVEMBER 17, 2021 VOLUME LXXXVI 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 AB Area Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 4, 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 planned development to establish an other school and educational service, more specifically a tutoring center, with a departure from the minimum number of required parking spaces is hereby granted for the property commonly known as 400 South Randall Road, Suite I, which is part of the property commonly identified by Kane County Property Index Number 06-21-151-010, and legally described as follows: PARCELI: LOT 15 OF STACEY ENOS SUBDIVISION, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, SAID PLAT OF SUBDIVISION RECORDED FEBRUARY 21, 1995 AS DOCUMENT 95K009372. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS FOR BENEFIT OF PARCEL 1 AS SET FORTH IN THE DECLARATION RECORDED JULY 25, 1994, AS DOCUMENT 94K58635 ON AND OVER PART OF LOT 14 OF STACY ENOS SUBDIVISION, AFORESAID. (commonly known as 400 South Randall Road). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 520 VOLUME LXXXVI NOVEMBER 17, 2021 1. Substantial conformance to the Development Application submitted by Kelly Olsen- Guyant, as applicant, and Micromont Holdings 8 LLC, as property owner received September 13, 2021, and supporting documents including: a. Conditional Use Statement of Purpose and Conformance letter, prepared by Kelly Olsen-Guyant, dated September 8, 2021; b. ALTA/AGSM Land Title Survey, prepared by Bledsoe Riggert Guerrettaz Land Surveying, dated August 20, 2014; c. Building Floor Plan, prepared by Robert B. Drews Associates, Inc., dated October 23, 1997, dated received September 12, 2021, with such further revisions as required by the Community Development Director; and d. Undated 3-page floor plans for the proposed tutoring center, dated received September 12, 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. A departure is hereby granted to allow the establishment of the proposed tutoring center and the establishment of any other use classified as a permitted use in the AB Area Business District, except for an "Eating Place (5812)" not located within end units Suite A or Suite H, which include a drive -through pick-up window, provided a minimum of 79 parking spaces are located on the Subject Property. 3. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. Presented: November 17, 2021 Passed: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 17, 2021 Published: November 19, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk s/ David J. Kaptain David J. Kaptain, Mayor 521 NOVEMBER 17, 2021 VOLUME LXXXVI 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. Community Task Force on Policing, September 30, October 7 and 21, 2021 Cultural Arts Commission, September 13, 2021 Emergency Telephone System Board —E911, September 16, 2021 Heritage Commission, October 5, 2021 Heritage Commission -Design Review, October 12, 2021 Liquor Control Commission, October 13, 2021 Retiree Health Insurance Fund Board, May 3, 2021 Natural Gas Tax Revenue Electricity Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw 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 7:27 p.m. s/ Kimberly Dewis Kimberly Dewis, City Clerk 522 December 1, 2021 Date Approved