Kane County Reporter

The Elgin City Council met Aug. 10 to authorize an inter-governmental agreement.

Here are the meeting's minutes, as provided by the council:

VOLUME LXXXI AUGUST 10, 2016\r\nCOUNCIL OF THE CITY OF ELGIN, ILLINOIS\r\nCOUNCIL-MANAGER

FORM OF GOVERNMENT\r\nREGULAR MEETING\r\nThe regular meeting of the Council of the

City of Elgin, Illinois, was held on August 10, 2016, in\r\nthe Council Chambers.

The meeting was called to order by Mayor Kaptain at 7:10 p.m. The\r\nInvocation

was given by Fire Chief John Fahy and a Moment of Silence was observed.\r\nROLL

CALL\r\nRoll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell,

Prigge,\r\nRauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.\r\nMINUTES

OF THE JULY 13, 2016, COUNCIL MEETING APPROVED AS\r\nDISTRIBUTED\r\nCouncilmember

Shaw made a motion, seconded by Councilmember Martinez, to approve the\r\nJuly 13,

2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:\r\nCouncilmembers

Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and\r\nMayor

Kaptain. Nays: None.\r\nCOMMUNICATIONS\r\nChief John P. Fahy Retirement Proclamation\r\nMayor

Kaptain read the following proclamation:\r\nPROCLAMATION\r\nWHEREAS, Fire Chief

John Fahy was originally hired as a firefighter-paramedic for the city\r\nof Elgin

on February 9, 1987, was promoted to Lieutenant-Paramedic on April 14, 1997, to

Fire\r\nCaptain on August 29, 2010 and to Fire Chief on January 4, 2011; and\r\nWHEREAS,

During his tenure as Firefighter/Lieutenant, Chief Fahy served for over ten years\r\nas

instructor for the Elgin Regional Fire Academy and was instrumental in training

over 1,000\r\nstudents, served as Local 439 Union President for six years and was

elected to the Kane County\r\nBoard from 2006 to 2010 as a Republican representing

District 21; and \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n290\r\nWHEREAS, During his

nearly six years as Fire Chief, Fahy oversaw the implantation of\r\nAdvanced Life

Support/paramedic capabilities on seven fire engines and doubled the amount of\r\nALS

apparatus on the street in Elgin each day, increased the Department’s Insurance

Service\r\nOffice rating from class 3 to class 2, putting Elgin in the top two percent

of fire departments in\r\nthe country, implemented a community outreach program

where each of the seven fire stations\r\n“adopts” a social service agency to support,

and began a fire explorer program in August of 2014\r\nto give the youth of the

community an introduction to the fire service; and\r\nWHEREAS, During his years

with the Fire Department, Chief Fahy was awarded one company\r\naward; one distinguished

service award; two unit citations; one Life Saving Award; and\r\nAcademy Instructor

Service and Paramedic Service Awards; and\r\nWHEREAS, After nearly 30 years with

the Elgin Fire Department, Chief Fahy announced his\r\nretirement effective on October

10, 2016.\r\nNOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois

do hereby extend the\r\nsincere and warm appreciation and esteem to Chief John Fahy

for his outstanding service to the\r\ncity and the community on the occasion of

his retirement and wish him luck in all his future\r\nendeavors.\r\nIN WITNESS THEREOF,

I have hereunto set my hand this10th day of August, 2016.\r\nDavid J. Kaptain\r\nMayor\r\nRECOGNIZE

PERSONS PRESENT\r\nRepresentatives of a delegation from Zhejiang Institute of Administration

thanked the city for the\r\nhospitality and tours of the various facilities.\r\nJOINT

PURCHASING AGREEMENT APPROVED WITH WEX BANK FOR FLEET\r\nFUEL CARD SERVICES\r\nThere

was discussion on the details of the fuel card program and the budget impact.\r\nCouncilmember

Shaw made a motion, seconded by Councilmember Gavin, to approve a fiveyear\r\ncontract

with WEX Bank for the purchase of fuel for city vehicles in the annual budgeted\r\namount

of $1,260,000. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell,

Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. \r\nVOLUME

LXXXI AUGUST 10, 2016\r\n291\r\nPETITION 17-16 APPROVED FOR AN APPLICATION BY GLENVIEW

STATE\r\nBANK, SUCCESSOR TRUSTEE OF THE EDWARD J. BUSSE TRUST AND THE\r\nRUTH BUSSE

TRUST, EACH DATED APRIL 2, 1987, REQUESTING APPROVAL OF\r\nAN APPLICATION FOR MAP

AMENDMENT TO REZONE THE PROPERTY AT 2701\r\nGALVIN DRIVE FROM AB AREA BUSINESS DISTRICT

TO PORI PLANNED\r\nOFFICE RESEARCH INDUSTRIAL DISTRICT\r\nMarc Mylott, Community

Development Director, provided an overview of Petition 17-16 which\r\nwould allow

for a map amendment. Staff and the Planning and Zoning Commission approved\r\nthe

petition subject to the conditions outlined in the memo.\r\nCouncilmember Steffen

made a motion, seconded by Councilmember Shaw, to approve Petition\r\n17-16 subject

to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,\r\nMartinez,

Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\nPETITION

21-16 APPROVED FOR AN APPLICATION BY RICHPORT PROPERTY,\r\nLLC – S. RANDALL OUTLOT,

REQUESTING APPROVAL OF A DEVELOPMENT\r\nPLAN TO BUILD A ONE-STORY RETAIL BUILDING

AT 1120 S. RANDALL ROAD\r\nWITHIN THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION\r\nMarc

Mylott, Community Development Director, provided an overview of Petition 21-16 which\r\nwould

allow for development of a retail building. Staff and the Planning and Zoning\r\nCommission

approved the petition subject to the conditions outlined in the memo.\r\nThere was

discussion regarding potential tenants, access to the lot, and landscaping.\r\nCouncilmember

Shaw made a motion, seconded by Councilmember Martinez, to approve\r\nPetition 21-16

subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,\r\nGavin,

Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:\r\nNone.\r\nCONSENT

AGENDA\r\nBy unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember\r\nMartinez,

to pass Ordinance Nos. S4-16 through S6-16 and G32-16 through G35-16 and adopt\r\nResolution

Nos. 16-102 through 16-108 by omnibus vote. Upon a roll call vote: Yeas:\r\nCouncilmembers

Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and\r\nMayor

Kaptain. Nays: None. \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n292\r\nRESOLUTION 16-102

ADOPTED ACCEPTING FOR OWNERSHIP AND\r\nMAINTENANCE THE PUBLIC IMPROVEMENTS IN THE

RANDALL CROSSINGS\r\nBUSINESS PARK SUBDIVISION\r\nCouncilmember Gavin made a motion,

seconded by Councilmember Martinez, to adopt the\r\nfollowing resolution. Upon a

roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell, Prigge,

Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\nResolution No.

16-102\r\nRESOLUTION\r\nACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS\r\nIN

THE RANDALL CROSSINGS BUSINESS PARK SUBDIVISION\r\nBE IT RESOLVED BY THE CITY COUNCIL

OF THE CITY OF ELGIN, ILLINOIS,\r\nthat the City of Elgin hereby accepts for ownership

and maintenance the public improvements in\r\nthe Randall Crossings Business Park

Subdivision. Acceptance of the public improvements will\r\nadd the following city-maintained

facilities: approximately 3,697 lineal feet of 12-inch water main;\r\n6, 8-inch

valves in 4-foot vaults; 3, 12-inch valves in 5-foot vaults; 8 fire hydrants; 148

lineal feet\r\nof 8-inch sanitary sewer; 1,597 lineal feet of 12-inch sanitary sewer;

11 sanitary manholes; 632\r\nlineal feet of 12-inch storm sewer; 19 lineal feet

of 24-inch storm sewer; 137 lineal feet of 30-inch\r\nstorm sewer; 305 lineal feet

of 36-inch storm sewer; 157 lineal feet of 42-inch storm sewer; 6 catch\r\nbasins;

9 storm manholes; 11 street lights; 3,336 lineal feet of improved street (including

curb and\r\ngutter on both sides of the street); 2 traffic signs, 85 trees; 2,000

lineal feet of 5-foot sidewalk; and\r\ntheir respective appurtenances.\r\ns/ David

J. Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented: August 10, 2016\r\nAdopted:

August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly

Dewis, City Clerk\r\nVOLUME LXXXI AUGUST 10, 2016\r\n293\r\nRESOLUTION 16-103 ADOPTED

AUTHORIZING THE EXECUTION OF A MULTICOUNTY\r\nMUNICIPALITY INTERGOVERNMENTAL AGREEMENT

BETWEEN THE\r\nCITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT\r\nOF

GREATER CHICAGO FOR THE CONTINUED ENFORCEMENT OF THE KANE\r\nCOUNTY STORMWATER MANAGEMENT

ORDINANCE WITHIN THE\r\nCORPORATE LIMITS OF ELGIN, ILLINOIS\r\nCouncilmember Gavin

made a motion, seconded by Councilmember Martinez, to adopt the\r\nfollowing resolution.

Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell, Prigge,

Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\nResolution No.

16-103\r\nRESOLUTION AUTHORIZING THE EXECUTION OF A MULTI-COUNTY\r\nMUNICIPALITY

INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF\r\nELGIN AND THE METROPOLITAN WATER

RECLAMATION DISTRICT OF GREATER\r\nCHICAGO FOR THE CONTINUED ENFORCEMENT OF THE

KANE COUNTY\r\nSTORMWATER MANAGEMENT ORDINANCE WITHIN THE CORPORATE LIMITS OF\r\nELGIN,

ILLINOIS\r\nWHEREAS, the City of Elgin (the \"City\") is a home-rule municipality

pursuant to Article\r\nVII, Section 6, of the Constitution of the State of Illinois,

and as such is authorized to take all\r\nreasonable action pertaining to its affairs

in accordance therewith; and\r\nWHEREAS, pursuant to Illinois law, the Metropolitan

Water Reclamation District of\r\nGreater Chicago (\"District\") is vested by Illinois

law with the general supervision of stormwater\r\nmanagement in Cook County; and\r\nWHEREAS,

the District is allowed by law to prescribe by ordinance reasonable rules and\r\nregulations

for floodplain and stormwater management and for governing the location, width,\r\ncourse

and release rate of all stormwater runoff channels, streams, and basins in Cook

County; and\r\nWHEREAS, the District's Board of Commissioners adopted, on October

3, 2013, an\r\nordinance which has been amended from time to time, captioned \"Watershed

Management\r\nOrdinance\" (\"WMO\") which defines a multi-county municipality as

a municipality containing\r\ncorporate area within both Cook County and an Illinois

county located contiguously adjacent to\r\nCook County; and\r\nWHEREAS, the City

is a multi-county municipality, having corporate area in both Cook\r\nand Kane Counties;

and\r\nWHEREAS, Article 2 of the WMO provides and allows a multi-county municipality

to\r\nadopt and enforce the stormwater management ordinance of a county adjacent

to the District if the\r\nmunicipality has corporate area within the adjacent county;

and \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n294\r\nWHEREAS, the City has historically

enforced the Kane County Stormwater Management\r\nOrdinance, since the adoption

on December 19, 2001 as Ordinance G80-01, through which the\r\nCity adopted as its

own the rules and regulations for floodplain and stormwater management in\r\nthe

City, which regulations have been amended and codified in the City Code as Title

21; and\r\n WHEREAS, pursuant to the WMO, the City has notified the District of

its adoption of the\r\nKane County Stormwater Management Ordinance, and, now, must

enter into a Multi-County\r\nMunicipality Intergovernmental Agreement with the District

setting forth the terms by which the\r\nDistrict will allow the City to enforce

floodplain and stormwater management under the Kane\r\nCounty Ordinance; and\r\nWHEREAS,

based on staff recommendation, the Mayor and City Council have determined\r\nexecution

of Multi-County Municipality Intergovernmental Agreement is in the best interests

of\r\nthe City.\r\nNOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council

of the City of\r\nElgin, located in the Counties of Cook and Kane, Illinois, that

the Mayor and City Clerk are\r\nauthorized and directed to execute the Multi-County

Municipality Intergovernmental Agreement.\r\ns/ David J. Kaptain\r\nDavid J. Kaptain,

Mayor\r\nPresented: August 10, 2016\r\nAdopted: August 10, 2016\r\nOmnibus Vote:

Yeas: 9 Nays: 0\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly Dewis, City Clerk\r\nRESOLUTION

16-104 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE\r\nNEW FREEDOM/JARC AND 5310

SERVICE AGREEMENT WITH ASSOCIATION\r\nFOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE

IN KANE PROGRAM\r\n(PHASE 10-14)\r\nCouncilmember Gavin made a motion, seconded

by Councilmember Martinez, to adopt the\r\nfollowing resolution. Upon a roll call

vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell, Prigge, Rauschenberger,

Shaw, Steffen, and Mayor Kaptain. Nays: None. \r\nVOLUME LXXXI AUGUST 10, 2016\r\n295\r\n

Resolution No. 16-104\r\nRESOLUTION\r\nAUTHORIZING EXECUTION OF A RIDE IN KANE NEW

FREEDOM/JARC\r\nAND 5310 SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL\r\nDEVELOPMENT

REGARDING THE RIDE IN KANE PROGRAM\r\n(Phase 10 through 14)\r\nBE IT RESOLVED BY

THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,\r\nthat David J. Kaptain, Mayor,

and Kimberly A. Dewis, City Clerk, be and is hereby authorized\r\nand directed to

execute a Ride in Kane New Freedom/JARC Service Agreement, Phase 10 through\r\n14,

on behalf of the City of Elgin with Association for Individual Development regarding

the Ride\r\nin Kane Program, a copy of which is attached hereto and made a part

hereof by reference.\r\ns/ David J. Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented:

August 10, 2016\r\nAdopted: August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nAttest:\r\ns/

Kimberly Dewis\r\nKimberly Dewis, City Clerk\r\nRESOLUTION 16-105 ADOPTED AUTHORIZING

EXECUTION OF A RIDE IN KANE\r\nPACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION

OF THE\r\nREGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2016\r\nCouncilmember

Gavin made a motion, seconded by Councilmember Martinez, to adopt the\r\nfollowing

resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell,

Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\n Resolution

No. 16-105\r\nRESOLUTION\r\nAUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY

AGREEMENT\r\nWITH THE SUBURBAN BUS DIVISION OF THE REGIONAL\r\nTRANSPORTATION AUTHORITY

FOR SERVICES DURING 2016\r\nBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,

ILLINOIS,\r\nthat David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be

and are hereby authorized\r\nand directed to execute a Ride in Kane Pace Subsidy

Agreement on behalf of the City of Elgin \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n296\r\nwith

the Suburban Bus Division of the Regional Transportation Authority for services

during 2016,\r\na copy of which is attached hereto and made a part hereof by reference.\r\ns/

David J. Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented: August 10, 2016\r\nAdopted:

August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly

Dewis, City Clerk\r\nRESOLUTION 16-106 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT\r\nAGREEMENT

NO. 1 WITH B&W CONTROL SYSTEM INTEGRATION, LLC FOR\r\nPHASE 2 OF THE SUPERVISORY

CONTROL AND DATA ACQUISITION SERVER\r\nAND SOFTWARE UPGRADE\r\nCouncilmember Gavin

made a motion, seconded by Councilmember Martinez, to adopt the\r\nfollowing resolution.

Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell, Prigge,

Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\n Resolution No.

16-106\r\nRESOLUTION\r\nAUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1\r\nWITH

B&W CONTROL SYSTEM INTEGRATION, LLC\r\nFOR PHASE 2 OF THE SUPERVISORY CONTROL AND\r\nDATA

ACQUISITION SERVER AND SOFTWARE UPGRADE\r\nBE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF ELGIN, ILLINOIS,\r\nthat pursuant to Elgin Municipal Code Section 5.02.020B(9)

the City Council hereby finds that an\r\nexception to the requirements of the procurement

ordinance is necessary and in the best interest of\r\nthe city; and\r\n\r\nBE IT

FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,\r\nILLINOIS, that Richard

G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are\r\nhereby

authorized and directed to execute an agreement on behalf of the City of Elgin with

B&W \r\nVOLUME LXXXI AUGUST 10, 2016\r\n297\r\nControl System Integration, LLC for

Phase 2 of the supervisory control and data acquisition server\r\nand software upgrade,

a copy of which is attached hereto and made a part hereof by reference.\r\ns/ David

J. Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented: August 10, 2016\r\nAdopted:

August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly

Dewis, City Clerk\r\nRESOLUTION 16-107 ADOPTED AUTHORIZING EXECUTION OF AN AIR\r\nSUPPORT

MUTUAL AID AGREEMENT WITH VARIOUS LOCAL PUBLIC SAFETY\r\nAGENCIES FOR ACCESS TO

ADDITIONAL RESOURCES, EQUIPMENT AND\r\nPERSONNEL OF OTHER PARTICIPATING AGENCIES

DURING AN EMERGENCY\r\nOR DISASTER\r\nCouncilmember Gavin made a motion, seconded

by Councilmember Martinez, to adopt the\r\nfollowing resolution. Upon a roll call

vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell, Prigge, Rauschenberger,

Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\nResolution No. 16-107\r\nRESOLUTION\r\nAUTHORIZING

EXECUTION OF AN AIR SUPPORT MUTUAL AID AGREEMENT\r\nWITH VARIOUS LOCAL PUBLIC SAFETY

AGENCIES FOR ACCESS TO\r\nADDITIONAL RESOURCES, EQUIPMENT AND PERSONNEL OF OTHER\r\nPARTICIPATING

AGENCIES DURING AN EMERGENCY OR DISASTER\r\nBE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF ELGIN, ILLINOIS,\r\nthat Richard G. Kozal, City Manager, and Kimberly

A. Dewis, City Clerk, be and are hereby\r\nauthorized and directed to execute an

Air Support Mutual Aid Agreement on behalf of the City of\r\nElgin with various

local public safety agencies for access to additional resources, equipment and\r\npersonnel

of other participating agencies during an emergency or disaster, a copy of which

is\r\nattached hereto and made a part hereof by reference.\r\ns/ David J. Kaptain\r\nDavid

J. Kaptain, Mayor\r\nAUGUST 10, 2016 VOLUME LXXXI\r\n298\r\nPresented: August 10,

2016\r\nAdopted: August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nAttest:\r\ns/

Kimberly Dewis\r\nKimberly Dewis, City Clerk\r\nRESOLUTION 16-108 ADOPTED AUTHORIZING

EXECUTION OF AN AGREEMENT\r\nBETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46

PROVIDING FOR\r\nSCHOOL RESOURCE OFFICERS\r\nCouncilmember Gavin made a motion,

seconded by Councilmember Martinez, to adopt the\r\nfollowing resolution. Upon a

roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell, Prigge,

Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\n Resolution No.

16-108\r\nRESOLUTION\r\nAUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF

ELGIN\r\nAND SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS\r\nBE IT

RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,\r\nthat Richard G.

Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby\r\nauthorized

and directed to execute on behalf of the City of Elgin an Agreement between the

City\r\nof Elgin and School District U-46 providing for school resource officers,

a copy of which is\r\nattached hereto and made a part hereof by reference.\r\ns/

David J. Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented: August 10, 2016\r\nAdopted:

August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly

Dewis, City Clerk\r\nVOLUME LXXXI AUGUST 10, 2016\r\n299\r\nORDINANCE S4-16 PASSED

DESIGNATING 356 JEWETT STREET, ELGIN,\r\nILLINOIS AS A THEMATIC HISTORIC DISTRICT

PROPERTY WITHIN THE ELGIN\r\nBUNGALOW THEMATIC HISTORIC DISTRICT\r\nCouncilmember

Gavin made a motion, seconded by Councilmember Martinez, to pass the\r\nfollowing

ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell,

Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.\r\n Ordinance

No. S4-16\r\nAN ORDINANCE\r\nDESIGNATING 356 JEWETT STREET, ELGIN, ILLINOIS\r\nAS

A THEMATIC HISTORIC DISTRICT PROPERTY\r\nWITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC

DISTRICT\r\nWHEREAS, the owner(s) of record of the property commonly known as 356

Jewett Street,\r\nElgin, Illinois, has filed an application with the City of Elgin

requesting that such property be\r\ndesignated as a Thematic Historic District Property

within the Elgin Bungalow Thematic Historic\r\nDistrict; and\r\nWHEREAS, on June

7, 2016, the Elgin Heritage Commission conducted a public hearing\r\nand determined

whether 356 Jewett Street meets the criteria of the Elgin Municipal Code, 1976,\r\nas

amended, for designation as a Thematic Historic District Property within the Elgin

Bungalow\r\nThematic Historic District; and\r\nWHEREAS, the Elgin Heritage Commission

has submitted its report and findings in\r\nsupport of its determination and recommendation;

and\r\nWHEREAS, the property at 356 Jewett Street embodies elements of design, detailing,\r\nmaterials

or craftsmanship that identify it as a Bungalow; and\r\nWHEREAS, the property has

been determined by the Elgin Heritage Commission as one\r\npossessing the required

characteristics to qualify as eligible to be designated within the Elgin\r\nBungalow

Thematic Historic District; and\r\nWHEREAS, the property has demonstrated character,

interest, or value as part of the\r\ndevelopment, heritage, or cultural characteristics

of the community, county, state, or country; and\r\nWHEREAS, the property retains

its architectural and structural integrity and is worthy of\r\npreservation; and\r\nWHEREAS,

it is appropriate to promote civic pride through an awareness of Elgin’s\r\nunique

development and history; and encourage the conservation and preservation of an important\r\nsegment

of the man-made environment of the City of Elgin; and \r\nAUGUST 10, 2016 VOLUME

LXXXI\r\n300\r\nWHEREAS, the City Council has reviewed the recommendation of the

Elgin Heritage\r\nCommission and concurs in the recommendation to designate 356

Jewett Street as a Thematic\r\nHistoric District Property within the Elgin Bungalow

Thematic Historic District.\r\n\r\nNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY\r\nOF ELGIN, ILLINOIS, that 356 Jewett Street, located upon the property

legally described as\r\nfollows:\r\nLot 2 (except the northerly 10 feet) in Block

8 of J.C. & W.H. Kimball's Fourth\r\nAddition to Elgin, in the City of Elgin, Kane

County, Illinois.\r\n Permanent Index Number: 06-23-136-011\r\nbe and is hereby

designated within the Elgin Bungalow Thematic Historic District as provided in\r\nChapter

20.06 of the Elgin Municipal Code, 1976, as amended.\r\nBE IT FURTHER ORDAINED that

the City Clerk is authorized and directed to provide\r\nnotice, send copies of this

ordinance to the owner(s) of record, and record a certified copy of this\r\nordinance

in the office of the Recorder of Deeds of Kane County, Illinois.\r\ns/ David J.

Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented: August 10, 2016\r\nPassed: August

10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nRecorded: August 10, 2016\r\nPublished:

August 12, 2016\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly Dewis, City Clerk\r\nORDINANCE

S5-16 PASSED DESIGNATING 841 BELLEVUE AVENUE, ELGIN,\r\nILLINOIS AS A THEMATIC HISTORIC

DISTRICT PROPERTY WITHIN THE ELGIN\r\nBUNGALOW THEMATIC HISTORIC DISTRICT\r\nCouncilmember

Gavin made a motion, seconded by Councilmember Martinez, to pass the\r\nfollowing

ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell,

Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. \r\nVOLUME

LXXXI AUGUST 10, 2016\r\n301\r\n Ordinance No. S5-16\r\nAN ORDINANCE\r\nDESIGNATING

841 BELLEVUE AVENUE, ELGIN, ILLINOIS\r\nAS A THEMATIC HISTORIC DISTRICT PROPERTY\r\nWITHIN

THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT\r\nWHEREAS, the owner(s) of record

of the property commonly known as 841 Bellevue\r\nAvenue, Elgin, Illinois, has filed

an application with the City of Elgin requesting that such property\r\nbe designated

as a Thematic Historic District Property within the Elgin Bungalow Thematic\r\nHistoric

District; and\r\nWHEREAS, on June 7, 2016, the Elgin Heritage Commission conducted

a public hearing\r\nand determined whether 841 Bellevue Avenue meets the criteria

of the Elgin Municipal Code,\r\n1976, as amended, for designation as a Thematic

Historic District Property within the Elgin\r\nBungalow Thematic Historic District;

and\r\nWHEREAS, the Elgin Heritage Commission has submitted its report and findings

in\r\nsupport of its determination and recommendation; and\r\nWHEREAS, the property

at 841 Bellevue Avenue embodies elements of design, detailing,\r\nmaterials or craftsmanship

that identify it as a Bungalow; and\r\nWHEREAS, the property has been determined

by the Elgin Heritage Commission as one\r\npossessing the required characteristics

to qualify as eligible to be designated within the Elgin\r\nBungalow Thematic Historic

District; and\r\nWHEREAS, the property has demonstrated character, interest, or

value as part of the\r\ndevelopment, heritage, or cultural characteristics of the

community, county, state, or country; and\r\nWHEREAS, the property retains its architectural

and structural integrity and is worthy of\r\npreservation; and\r\nWHEREAS, it is

appropriate to promote civic pride through an awareness of Elgin’s\r\nunique development

and history; and encourage the conservation and preservation of an important\r\nsegment

of the man-made environment of the City of Elgin; and\r\nWHEREAS, the City Council

has reviewed the recommendation of the Elgin Heritage\r\nCommission and concurs

in the recommendation to designate 841 Bellevue Avenue as a Thematic\r\nHistoric

District Property within the Elgin Bungalow Thematic Historic District.\r\n\r\nNOW,

THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF\r\nELGIN, ILLINOIS,

that 841 Bellevue Avenue, located upon the property legally described as\r\nfollows:

\r\nAUGUST 10, 2016 VOLUME LXXXI\r\n302\r\nLot 7 in Block 8 of Grandview Addition

to Elgin, in the City of Elgin, Kane County,\r\nIllinois.\r\n Permanent Index Number:

06-12-256-004\r\nbe and is hereby designated within the Elgin Bungalow Thematic

Historic District as provided in\r\nChapter 20.06 of the Elgin Municipal Code, 1976,

as amended.\r\nBE IT FURTHER ORDAINED that the City Clerk is authorized and directed

to provide\r\nnotice, send copies of this ordinance to the owner(s) of record, and

record a certified copy of this\r\nordinance in the office of the Recorder of Deeds

of Kane County, Illinois.\r\ns/ David J. Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented:

August 10, 2016\r\nPassed: August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nRecorded:

August 10, 2016\r\nPublished: August 12, 2016\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly

Dewis, City Clerk\r\nORDINANCE S6-16 PASSED DESIGNATING 1023 BELLEVUE AVENUE, ELGIN,\r\nILLINOIS

AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN\r\nBUNGALOW THEMATIC HISTORIC

DISTRICT\r\nCouncilmember Gavin made a motion, seconded by Councilmember Martinez,

to pass the\r\nfollowing ordinance. Upon a roll call vote: Yeas: Councilmembers

Dunne, Gavin, Martinez,\r\nPowell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor

Kaptain. Nays: None.\r\n Ordinance No. S6-16\r\nAN ORDINANCE\r\nDESIGNATING 1023

BELLEVUE AVENUE, ELGIN, ILLINOIS\r\nAS A THEMATIC HISTORIC DISTRICT PROPERTY\r\nWITHIN

THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT\r\nWHEREAS, the owner(s) of record

of the property commonly known as 1023 Bellevue\r\nAvenue, Elgin, Illinois, has

filed an application with the City of Elgin requesting that such property \r\nVOLUME

LXXXI AUGUST 10, 2016\r\n303\r\nbe designated as a Thematic Historic District Property

within the Elgin Bungalow Thematic\r\nHistoric District; and\r\nWHEREAS, on June

7, 2016, the Elgin Heritage Commission conducted a public hearing\r\nand determined

whether 1023 Bellevue Avenue meets the criteria of the Elgin Municipal Code,\r\n1976,

as amended, for designation as a Thematic Historic District Property within the

Elgin\r\nBungalow Thematic Historic District; and\r\nWHEREAS, the Elgin Heritage

Commission has submitted its report and findings in\r\nsupport of its determination

and recommendation; and\r\nWHEREAS, the property at 1023 Bellevue Avenue embodies

elements of design, detailing,\r\nmaterials or craftsmanship that identify it as

a Bungalow; and\r\nWHEREAS, the property has been determined by the Elgin Heritage

Commission as one\r\npossessing the required characteristics to qualify as eligible

to be designated within the Elgin\r\nBungalow Thematic Historic District; and\r\nWHEREAS,

the property has demonstrated character, interest, or value as part of the\r\ndevelopment,

heritage, or cultural characteristics of the community, county, state, or country;

and\r\nWHEREAS, the property retains its architectural and structural integrity

and is worthy of\r\npreservation; and\r\nWHEREAS, it is appropriate to promote civic

pride through an awareness of Elgin’s\r\nunique development and history; and encourage

the conservation and preservation of an important\r\nsegment of the man-made environment

of the City of Elgin; and\r\nWHEREAS, the City Council has reviewed the recommendation

of the Elgin Heritage\r\nCommission and concurs in the recommendation to designate

1023 Bellevue Avenue as a\r\nThematic Historic District Property within the Elgin

Bungalow Thematic Historic District.\r\nNOW, THEREFORE, BE IT ORDAINED BY THE CITY

COUNCIL OF THE CITY OF\r\nELGIN, ILLINOIS, that 1023 Bellevue Avenue, located upon

the property legally described as\r\nfollows:\r\nLot 19 in Block IV of R.N. Botsford's

Addition to Elgin, in the City of Elgin, Kane\r\nCounty, Illinois.\r\n Permanent

Index Number: 06-12-209-008\r\nbe and is hereby designated within the Elgin Bungalow

Thematic Historic District as provided in\r\nChapter 20.06 of the Elgin Municipal

Code, 1976, as amended. \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n304\r\nBE IT FURTHER

ORDAINED that the City Clerk is authorized and directed to provide\r\nnotice, send

copies of this ordinance to the owner(s) of record, and record a certified copy

of this\r\nordinance in the office of the Recorder of Deeds of Kane County, Illinois.\r\ns/

David J. Kaptain\r\nDavid J. Kaptain, Mayor\r\nPresented: August 10, 2016\r\nPassed:

August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nRecorded: August 10, 2016\r\nPublished:

August 12, 2016\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly Dewis, City Clerk\r\nORDINANCE

G32-16 PASSED AMENDING CHAPTER 9.38 OF THE ELGIN\r\nMUNICIPAL CODE, 1976, AS AMENDED,

ENTITLED \"COLLECTION BINS\"\r\nCouncilmember Gavin made a motion, seconded by Councilmember

Martinez, to pass the\r\nfollowing ordinance. Upon a roll call vote: Yeas: Councilmembers

Dunne, Gavin, Martinez,\r\nPowell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor

Kaptain. Nays: None.\r\n Ordinance No. G32-16\r\nAN ORDINANCE\r\nAMENDING CHAPTER

9.38 OF THE ELGIN MUNICIPAL CODE, 1976,\r\nAS AMENDED, ENTITLED “COLLECTION BINS”\r\nWHEREAS,

the City Council of the City of Elgin has determined it is necessary and\r\ndesirable

to provide for the regulation of collection bins within the City; and\r\nWHEREAS,

the City of Elgin is a home rule municipality as defined in Article VII, Section\r\n6A

of the 1970 constitution of the State of Illinois; and\r\nWHEREAS, a home rule unit

may exercise any power and perform any function pertaining\r\nto its government

and affairs; and\r\nWHEREAS, the City of Elgin has observed an increase in the number

of collection and/or\r\ndonation bins and boxes, and other similar receptacles that

are designed for the purpose of \r\nVOLUME LXXXI AUGUST 10, 2016\r\n305\r\ncollecting

various kinds of salvageable personal property for donation or other re-use (“collection\r\nbins”)

within the corporate limits of the City of Elgin; and\r\nWHEREAS, the City of Elgin

has further observed that items of property are frequently\r\nleft in the exterior

areas surrounding such collection bins, which items may be further spread by\r\nadverse

weather conditions, animal contacts, or other human activities; and\r\nWHEREAS,

the presence of collection bins and the accumulation of items creates an\r\nunsightly

appearance, may attract vermin or other animals, and may be a potential hazard to\r\npedestrian

and vehicular traffic, all of which have a negative effect on the value of property

in and\r\naround the area of the collection bins and further creating a risk to

the public health and welfare;\r\nand\r\nWHEREAS, the City of Elgin has determined

that it is beneficial and in the public interest\r\nto regulate collection bins

in order to prevent or minimize the unsightliness and public health\r\nhazards associated

with such collection bins; and\r\nWHEREAS, the presence of unattended and unregulated

collection bins is directly and\r\nindirectly injurious to the public health, safety,

peace and welfare, diminishes property values in\r\nthe area surrounding such collection

bins, and constitutes a public nuisance; and\r\nWHEREAS, the regulation of collection

bins contained herein pertains to the government\r\nand affairs of the City of Elgin;

and\r\nNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF\r\nELGIN,

ILLINOIS:\r\nSection 1. That Chapter 9.38 of the Elgin Municipal Code, 1976, as

amended, entitled\r\n“Collection Bins” be and is hereby created to read as follows:\r\nChapter

9.38\r\nCOLLECTION BINS\r\n9.38.010: DEFINITIONS:\r\n9.38.020: LICENSE REQUIRED:\r\n9.38.030:

QUALIFICATIONS OF LICENSEES:\r\n9.38.040: APPLICATION:\r\n9.38.050: REQUIREMENTS

AND RESTRICTIONS:\r\n9.38.060: MANAGEMENT AND MAINTENANCE:\r\n9.38.070: REMEDIES;

REVOCATION OR TERMINATION OF LICENSE:\r\n9.38.080: PENALTY:\r\n9.38.010: DEFINITIONS:\r\nThe

following terms as used in this chapter shall have the meanings as set forth below.

Unless\r\nspecifically defined herein, where a word or phrase used in this chapter

is defined in the Elgin \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n306\r\nZoning Ordinance

or the Elgin Municipal Code, such other definition shall apply in the\r\ninterpretation

of this chapter.\r\nCOLLECTION BIN: Any receptacle which is either utilized, designed,

adorned, or located in a\r\nmanner which suggests to a reasonable person of common

intelligence that the intent of said\r\nreceptacle is to receive and temporarily

hold clothing, shoes, textiles, books, electronics, toys,\r\nhousehold items, or

other like commonly donated items or salvageable personal property that\r\nwould

then be either re-used, re-distributed, or used for another purpose, not simply

discarded.\r\nLibrary return facilities and remote bookdrops owned or operated by

a library are not included\r\nwithin this definition of a collection bin.\r\nCOLLECTION

BIN OWNER: Any organization, firm, or other entity that owns or seeks to locate,\r\nmaintain,

or operate a collection bin in the City for which a license is required pursuant

to this\r\nchapter.\r\nHAZARDOUS MATERIALS: Any substance or material which includes

explosives, radioactive\r\nmaterials, petroleum or petroleum products or gases,

poisons, etiology (biological) agents,\r\nflammables, corrosives or any substance

determined to be hazardous or toxic under any federal or\r\nstate law, statute or

regulation.\r\nSITE HOST: The property owner or lawful occupant of the site where

the collection bin is placed\r\nor is intended to be placed.\r\n9.38.020: LICENSE

REQUIRED:\r\nA. It shall be unlawful for any person, firm or corporation to place,

erect, maintain, operate,\r\nor host a collection bin on any property within the

City, or to allow a collection bin to be\r\nplaced, erected, maintained, operated,

or hosted on any property within the City, without\r\nfirst having obtained a license

as herein provided.\r\nB. A license issued under this chapter shall be issued to

the collection bin owner and the site\r\nhost, who shall be jointly and severally

liable for complying with this chapter.\r\nC. A license issued for the placement

and operation of a collection bin shall expire on\r\nDecember 31 of the calendar

year in which the license was issued unless the license is\r\nrevoked or otherwise

terminated pursuant to the provisions of this chapter.\r\nD. The fee for a collection

bin license shall be seventy five dollars ($75.00). The license fee\r\nprovided

for herein shall be payable in full at the time of issuance of said license. License\r\nfees

shall not be prorated based upon the time remaining in the calendar year in which

the\r\nlicense was issued. If the collection bin owner is a school, church, unit

of government, or\r\nnot-for-profit corporation, as evidenced by the proof required

pursuant to subsection\r\n9.38.040.C of this chapter, the license fee shall be waived.\r\nE.

A license issued under this chapter may be renewed by submitting a timely renewal\r\napplication

and a renewal fee in the amount of fifty dollars ($50.00). The City may \r\nVOLUME

LXXXI AUGUST 10, 2016\r\n307\r\ndetermine that a license shall not be renewed if

the licensee has been found liable for\r\nviolating any provisions of this chapter

during the previous license term.\r\nF. Collection bins located entirely within

an enclosed building for which a principal use on a\r\nproperty has been lawfully

established shall be exempt from the license requirements of\r\nthis chapter.\r\n9.38.030:

QUALIFICATIONS FOR A LICENSE:\r\nA. An entity seeking to qualify for a license pursuant

to this chapter must be in good standing\r\nwith the State of Illinois.\r\nB. In

order to qualify for a license pursuant to this chapter, the site host must be the

owner or\r\nlawful occupant of the property where the collection bin is proposed

to be located, and\r\nmust operate a school, church, governmental, or not-for profit-organization

on the property.\r\nNo license shall be issued if there is no lawful principal use

established on the property.\r\n9.38.040: APPLICATION:\r\nAny person desiring to

place a collection bin within the City shall make application for a license\r\nto

the City Finance Director, setting forth the following information:\r\nA. The name,

address, telephone number, e-mail address and website, if any, of the collection\r\nbin

owner;\r\nB. The name, address, telephone number and e-mail address of a contact

person who shall be\r\nresponsible to respond to maintenance requests or complaints

regarding the collection bin\r\nand who shall accept service of any citations for

a violation of this chapter. The licensee\r\nshall provide the City with updated

information if the contact person's information changes;\r\nC. If the collection

bin owner claims to be a qualified not for profit organization:\r\n1. A copy of

the determination letter issued by the internal revenue service stating that the\r\napplicant

is a public charity exempt under internal revenue code section 501(c)(3);\r\n2.

Evidence of registration and the filing of an annual financial report with the Illinois\r\nattorney

general's office; and\r\n3. A certificate of good standing issued by the Illinois

secretary of state;\r\nD. If the collection bin owner is a corporation or limited

liability company, the owner shall\r\nprovide a certificate of good standing issued

by the Illinois secretary of state. A certificate\r\nof good standing must not be

older than three (3) months at the time of application for a\r\nlicense;\r\nAUGUST

10, 2016 VOLUME LXXXI\r\n308\r\nE. The name, address and telephone number of the

site host and a description of the business\r\nor other lawful activity conducted

by the host on the property;\r\nF. A copy of any text and/or graphics that are proposed

to be on the collection bin;\r\nG. A drawing/site plan that is sufficient to depict

the proposed location of the collection bin\r\non the subject property, including

the dimensions of the collection bin and the distance of\r\nthe collection bin to

all property lines;\r\nH. The number of licenses the collection bin owner maintains

in the City, as well as the\r\nnumber of collection bins hosted by the site host;\r\nI.

The collection bin owner shall submit written authorization from the site host consenting\r\nto

the placement of a collection bin on the subject property;\r\nJ. The license application

must be signed by both the collection bin owner and the site host,\r\nwho shall

be jointly and severally liable for complying with this chapter; and\r\nK. A collection

bin owner that has been found liable for three (3) or more violations of this\r\nchapter

within any 12-month period and which has had its license revoked shall be\r\nineligible

to obtain a license for a period of three (3) years from the date of such revocation.\r\nL.

A license for a collection bin shall not be issued if the proposed collection bin

will not meet\r\nthe requirements of this chapter and any other applicable provisions

of the Elgin Municipal\r\nCode.\r\nM. A license issued under this chapter shall

not be transferred, assigned, or conveyed to\r\nanother person or operator.\r\n9.38.050:

REQUIREMENTS AND RESTRICTIONS:\r\nA license shall not be issued for a collection

bin unless the license applicant demonstrates\r\ncompliance with the following standards:\r\nA.

Placement of a collection bin is permitted only on properties on which schools,

churches,\r\nand buildings owned and operated by units of government or not-for-profit

organizations\r\nhave been lawfully established.\r\nB. Collection bins must display

the license sticker on the front of the collection bin, and the\r\nlicense sticker

shall be visible at all times.\r\nC. Collection bins must be placed on a paved surface

and shall not be on any permeable\r\nsurface.\r\nVOLUME LXXXI AUGUST 10, 2016\r\n309\r\nD.

Collection bins shall not be placed in any City or public right-of-way.\r\nE. Collection

bins shall not be located in a parking space.\r\nF. Collection bins shall not be

placed within a street yard, and shall adhere to the setback\r\nrequirements for

an accessory structure as set forth in the Elgin Zoning Ordinance for the\r\nzoning

district in which the collection bin is located. To the extent feasible, collection

bins\r\nshall be placed in the rear or side of a property so as to be inconspicuous

as viewed from\r\npublic rights-of-way.\r\nG. Collection bins shall not be placed

in such a manner as to cause a view obstruction for\r\npedestrians or motorists,

as set forth in section 19.12.600.A of the Elgin Zoning Ordinance.\r\nCollection

bins placed on private sidewalks must allow at least five feet (5’) of pedestrian\r\nwalkway

in front of the collection bin.\r\nH. Collection bins shall not be located within

ten feet (10’) of a fire hydrant.\r\nI. No more than one (1) collection bin shall

be permitted per lot or per school, church,\r\ngovernmental, or not-for-profit organization

property.\r\nJ. Collection bins shall not exceed six and one-half (6.5) feet in

height.\r\nK. Collection bins shall not possess a footprint exceeding twenty (20)

square feet.\r\nL. Collection bins shall indicate whether the operator is a for

profit or not-for-profit\r\norganization in two-inch type visible from the front

of the collection bin.\r\nM. Any lettering on collections bins shall not exceed

five-inch letter height. Collection bins\r\nshall contain the following contact

information in two-inch type visible from the front of\r\nthe box: the name, address,

e-mail and phone number of the owner of the collection bin.\r\nN. If the donation

box is owned by a not-for-profit organization, a statement must be\r\nconspicuously

displayed on the front of the donation box with a minimum typeface of two\r\ninches

(2\") that indicates that the donation box is owned and operated by a not for profit\r\norganization,

the name of the organization and a description of the charitable causes that\r\nthe

donations will benefit.\r\nO. If the donation box is owned by a for profit company,

the front of the donation box shall\r\nconspicuously display a statement with a

minimum typeface of two inches (2\") that\r\nindicates the name of company, that

it is a for-profit company and that deposits are not tax\r\ndeductible.\r\n9.38.060:

MANAGEMENT AND MAINTENANCE:\r\nA. Collection bins shall be maintained in good condition,

appearance, and working order with\r\nno structural damage, holes, or visible rust,

and shall be free of graffiti. Collection bins \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n310\r\nshall

be maintained in a watertight and animalproof condition, and secured to prevent

wind\r\nfrom disbursing its contents.\r\nB. Collection bins shall be serviced and

the contents thereof collected regularly so as to\r\nprevent overflow of collections

or the accumulation of junk, debris or other material. Upon\r\nservicing, any and

all material must be removed. A licensee shall not permit items to be\r\nplaced,

around, beside, on, or outside of the collection bin.\r\nC. No hazardous materials

or items may be deposited or collected in a collection bin.\r\nD. A collection bin

owner must respond to any and all complaints regarding collection bin\r\nmaintenance

within twenty-four (24) hours of receiving notification on a Monday through\r\nFriday

and forty-eight (48) hours of receiving notification on a Saturday or Sunday.\r\n9.38.070:

REMEDIES; REVOCATION OR TERMINATION OF LICENSE:\r\nA. If a licensee does not maintain

a collection bin in accordance with this chapter or otherwise\r\nfails to comply

with the requirements of this chapter or of any other provisions of the Elgin\r\nMunicipal

Code, the City may serve a written notice of noncompliance upon the licensee\r\nrequiring

the condition of noncompliance to be remedied within forty-eight (48) hours of\r\nservice

of the notice. The notice shall be served by transmitting a copy of the notice to

the\r\ncollection bin owner’s designated contact person by electronic mail to the

e-mail address\r\nprovided in the license application, and by posting a copy of

the notice on the collection\r\nbin. The notice shall provide that if the condition

of noncompliance is not remedied within\r\nforty-eight (48) hours of service of

the notice, the City shall be authorized to remove the\r\ncollection bin at the

licensee’s cost and expense. If a licensee fails to remedy any condition\r\nof noncompliance

within forty-eight (48) hours after notice, the license issued to licensee\r\nshall

be revoked, and the City shall be authorized to remove the collection bin to a secure\r\nlocation.

In the event of such removal, the City shall notify the collection bin owner’s\r\ndesignated

contact person that if the collection bin owner does not retrieve the collection\r\nbin

from the secure location within seven (7) days following service of the notice,

the City\r\nshall be authorized to dispose of the collection bin and its contents.

Before the collection\r\nbin is released to the licensee, the licensee must pay

an administrative penalty of $100.00,\r\nplus an additional administrative penalty

of $25.00 per day for the City’s costs in removing\r\nand storing the collection

bin. If the collection bin owner does not collect the collection\r\nbin from its

secure location within seven (7) days following notice, the City is authorized\r\nto

dispose of the collection bin and its contents in any lawful manner. In addition

to the\r\nadministrative penalties set forth herein, the collection bin owner shall

be liable for the\r\nreasonable costs of removal and disposal incurred by the City.

The licensee’s act of\r\ncollecting the collection bin shall not affect the revocation

of the license for the collection\r\nbin. Any licensee whose license was revoked

may request a hearing before the City’s\r\nDivision of Administrative Adjudication

to appeal any such revocation.\r\nB. Any licensee or any other person or entity

who places a collection bin within the City\r\nwithout a license or when their license

was revoked will be required to remove the\r\ncollection bin within forty-eight

(48) hours after receiving notice to remove same. The \r\nVOLUME LXXXI AUGUST 10,

2016\r\n311\r\nnotice shall be served by transmitting a copy of the notice to the

collection bin owner’s\r\ndesignated contact person where such contact information

is available from a prior license\r\napplication, and by posting a copy of the notice

on the collection bin. A copy of the notice\r\nshall also be provided to the owner

of the property on which the collection bin is located.\r\nThe notice shall provide

that if the condition of noncompliance is not remedied within\r\nforty-eight (48)

hours of service of the notice, the City shall be authorized to remove and\r\ndispose

of the collection bin and its contents at the collection bin owners and/or the site\r\nhost’s

cost and expense. The City may remove any collection bin remaining after said\r\nforty-eight

(48) hour period and dispose of the collection bin and its contents in any lawful\r\nmanner.

In this event, the site host wherein the collection bin is located and/or the\r\ncollection

bin owner may be liable for the reasonable costs of removal and disposal\r\nincurred

by the City.\r\nC. If the principal use on the property on which a collection bin

is located has ceased, the\r\ncollection bin license shall automatically terminate.

In such event the licensee shall have\r\nseven (7) calendar days to remove the collection

bin from the property. If the licensee fails\r\nto remove the collection bin within

seven (7) days, the City shall be authorized to remove\r\nthe collection bin in

accordance with the procedures set forth subsection 9.38.070.A herein.\r\nD. In

the event a property owner or lawful occupant has a collection bin placed on their\r\nproperty

without their consent and has no intention of being a site host, they shall notify\r\nthe

City regarding the collection bin within forty-eight (48) hours of the placement

of the\r\ncollection bin on their property. The City will consult with the property

owner or lawful\r\noccupant regarding the removal of any collection bin that may

have been placed without\r\nthe property owner's consent, and the City shall be

authorized to remove the collection bin\r\nin accordance with the procedures set

forth subsection 9.38.070.B herein.\r\n9.38.080: PENALTY:\r\nIn addition to any

other remedies provided for in this chapter, any person, firm or corporation who\r\nviolates

any of the provisions of this chapter shall subject to a fine of not less than $50.00

and not\r\nmore than $750.00 for each offense. A separate offense shall be deemed

committed on each day\r\non which a violation occurs or continues to exist. The

licensee and the site host are jointly and\r\nseverally liable for adhering to the

provisions of this chapter and any fees or penalties associated\r\ntherewith.\r\n

Section 2. That all ordinances or parts of ordinances in conflict with the provisions

of\r\nthis ordinance be and are hereby repealed to the extent of any such conflict.\r\n

Section 3. That this ordinance shall be in full force and effect ten days after

its passage\r\nand publication in the manner provided by law.\r\ns/ David J. Kaptain\r\nDavid

J. Kaptain, Mayor\r\nAUGUST 10, 2016 VOLUME LXXXI\r\n312\r\nPresented: August 10,

2016\r\nPassed: August 10, 2016\r\nOmnibus Vote: Yeas: 9 Nays: 0\r\nRecorded: August

10, 2016\r\nPublished: August 12, 2016\r\nAttest:\r\ns/ Kimberly Dewis\r\nKimberly

Dewis, City Clerk\r\nORDINANCE G33-16 PASSED CLASSIFYING TERRITORY WITHIN A PCF\r\nPLANNED

COMMUNITY FACILITY DISTRICT AND AMENDING PCF ORDINANCE\r\nNO. G23-08 (401 AND 423

HAZEL DRIVE)\r\nCouncilmember Gavin made a motion, seconded by Councilmember Martinez,

to pass the\r\nfollowing ordinance. Upon a roll call vote: Yeas: Councilmembers

Dunne, Gavin, Martinez,\r\nPowell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor

Kaptain. Nays: None.\r\nOrdinance No. G33-16\r\nAN ORDINANCE CLASSIFYING TERRITORY

WITHIN A\r\nPCF PLANNED COMMUNITY FACILITY DISTRICT AND\r\nAMENDING PCF ORDINANCE

NO G23-08\r\n(401 and 423 Hazel Drive)\r\nWHEREAS, written application has been

made to reclassify certain property located at 401\r\nHazel Drive and 423 Hazel

Drive from SFR1 Single Family Residence District to PCF Planned\r\nCommunity Facility

District; and\r\nWHEREAS, the properties at 401 Hazel Drive and 423 Hazel Drive

have been acquired\r\nand are currently owned by Judson University, a Baptist Institution;

and\r\nWHEREAS, Judson University proposes to combine the properties at 401 Hazel

Drive and\r\n423 Hazel Drive with its existing campus located at 1151 North State

Street, the development of\r\nthat property being governed by provisions contained

within Ordinance No. G23-08 entitled “An\r\nOrdinance Amending PCF Planned Community

Facility District Ordinance No. G42-05”; and\r\nWHEREAS, the incorporation and development

of the properties at 401 and 423 Hazel\r\nDrive are consistent with Judson University’s

10-year Campus Master Plan adopted in 2014; and\r\nWHEREAS, after due notice in

the manner provided by law, the Planning & Zoning\r\nCommission conducted a public

hearing concerning said application and has submitted its written\r\nfindings and

recommendations; and \r\nVOLUME LXXXI AUGUST 10, 2016\r\n313\r\nWHEREAS, the City

Council of the City of Elgin concurs with the Findings and\r\nRecommendation of

the Planning & Zoning Commission and the Community Development\r\nDepartment; and\r\nWHEREAS,

the City of Elgin is a home rule unit and as a home rule unit may exercise any\r\npower

and perform any function pertaining to its government and affairs; and\r\nWHEREAS,

zoning, including, but not limited to, this ordinance reclassifying property\r\nwithin

a PCF district and granting a planned development as a map amendment pertain to

the\r\ngovernment and affairs of the city.\r\nNOW, THEREFORE, BE IT ORDAINED BY

THE CITY COUNCIL OF THE CITY OF\r\nELGIN, ILLINOIS:\r\nSection 1. That the City

Council of the City of Elgin hereby adopts the Findings of Fact,\r\ndated June 6,

2016, made by the Planning & Zoning Commission, a copy of which is attached\r\nhereto

and made a part hereof by reference as Exhibit A.\r\nSection 2. That the properties

at 401 and 423 Hazel Drive are hereby incorporated within\r\nthe campus of Judson

University and subject to the provisions of PCF Planned Community Facility\r\nDistrict

Ordinance No. G23-08 entitled “An Ordinance Amending PCF Planned Community\r\nFacility

District Ordinance No. G42-05, as heretofore amended; said properties being legally\r\ndescribed

as follows:\r\nLOT 39 (EXCEPT THE WESTERLY 45 FEET, AS MEASURED AT RIGHT ANGLES\r\nTO

THE WESTERLY LINE THEREOF) AND ALL OF LOT 40 IN RIVERSIDE\r\nMANOR, UNIT NO. 2,

IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.\r\n(Commonly known as 401 Hazel

Drive)\r\nLOT 38 AND THE WESTERLY 45 FEET AS MEASURED AT RIGHT ANGLES TO\r\nTHE

WESTERLY LINE OF LOT 39 IN RIVERSIDE MANOR, UNIT NO. 2, IN THE\r\nCITY OF ELGIN,

KANE COUNTY, ILLINOIS.\r\n(Commonly known as 423 Hazel Drive)\r\nSection 3. That

Ordinance No. G23-08 entitled “An Ordinance Amending PCF Planned\r\nCommunity Facility

District Ordinance No. G42-05,” passed May 14, 2008, be and is hereby\r\namended

only as set forth in this ordinance as follows:\r\nSection 3 of Ordinance G23-08

shall be amended as follows:\r\nThe boundaries hereinafter laid out in the “Zoning

District Map,” as amended, be and are\r\nhereby further altered by including in

the PCF Planned Community Facility District the\r\nproperties legally described

in Section 2 of this ordinance.\r\nSection G entitled “Site Design and Further Land

Use Limitations” shall be further\r\namended to include the following subparagraphs:

\r\nAUGUST 10, 2016 VOLUME LXXXI\r\n314\r\n1. Substantial conformance to the Development

Application and supporting\r\ndocuments submitted by Jill Rodriguez, on behalf of

Judson University, owner for\r\nthis application, including the following exhibits:\r\na.

Statement of Purpose and Conformance dated March 21, 2016\r\nb. Consent and Disclosure

statement submitted by Gene C. Crume, President,\r\nJudson University, dated March

21, 2016\r\nc. Extracts from the 10-Year Campus Master Plan as it relates to the

subject\r\nproperties, with revisions per the applicant or City of Elgin.\r\nd.

Plats of Survey of the subject properties detailed as follows:\r\ni. 401 Hazel Drive,

prepared by Advanced Engineering and Surveying\r\nP.C. dated submitted March 21,

2016\r\nii. 423 Hazel Drive, prepared by Gerald Sopha, Illinois Professional\r\nLand

Surveyor, dated July 14, 2010.\r\nIn the event of any conflict between the foregoing

documents and the provisions of\r\nthis ordinance or other applicable city ordinances,

the provisions of this ordinance\r\nor other applicable city ordinances shall supersede

and control.\r\n2. Each existing residential vehicular access to Hazel Drive shall

be removed upon\r\ndemolition of the principal structure on the respective subject

property.\r\nAdditionally, no subsequent new vehicular access from the subject properties

or\r\nfrom the existing campus shall be provided to Hazel Drive.\r\n3. The proposed

parking area shall be screened in a manner that ensures it is not visible\r\nfrom

Hazel Drive, and this requirement may be satisfied by a combination of wall\r\nand

fence (neither of which shall exceed four feet high), berm, and landscaping\r\nalong

the north side of the parking area, as well as along the west side of the parking\r\narea

as necessary to block view from Hazel Drive. Landscaping for said screening\r\nshall

at least include canopy trees along Hazel Drive spaced no more than 30 feet\r\napart

and of a species determined by the City.\r\n4. Prior to obtaining the necessary

building and engineering permits inclusive of the\r\nrequired tree removal permit,

the applicant shall evaluate the significance and\r\ncondition of the existing trees

and vegetation on the properties and make every\r\neffort to preserve and incorporate

significant, healthy trees within the transition\r\nlandscape yard (along the western

side of 423 Hazel Drive) and within the vehicle\r\nuse area landscape yard (along

Hazel Drive). Any trees preserved along Hazel\r\nDrive can count toward those new

tree planting requirements within condition No.\r\n3 above, and any new trees planted

to comply with condition No. 3 above can be\r\nused as credit against those trees

which may have to be removed as part of the\r\ndevelopment of these properties.

Credit shall be determined in the manner\r\nestablished within Chapter 19.16 of

the Elgin Municipal Code, 1976, as amended. \r\nVOLUME LXXXI AUGUST 10, 2016\r\n315\r\n5.

Prior to any other or further development of the Subject Property, the owner of

the\r\nSubject Property shall be required to submit a development plan to the city

for a\r\npublic hearing and City Council approval pursuant to the provisions of

Chapter\r\n19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended.\r\n6.

Compliance with all other applicable codes and ordinances.\r\nSection 4. That except

as amended herein, the use and development of the subject\r\nproperties shall be

controlled pursuant to the provisions of Ordinance No. G23-08. In the event of\r\nany

conflict between this ordinance, which expressly includes those documents detailed

within\r\nSection 3 and the allowances and departures described and provided thereon,

and Ordinance No\r\nG23-08, this ordinance and associated documents shall control

and prevail.\r\nSection 5. That this ordinance shall be full force and effect immediately

after its passage\r\nin the manner provided by law.\r\ns/ David J. Kaptain\r\nDavid

J. Kaptain, Mayor\r\nPresented: August 10, 2016\r\nPassed: August 10, 2016\r\nOmnibus

Vote: Yeas: 9 Nays: 0\r\nRecorded: August 10, 2016\r\nPublished: August 12, 2016\r\nAttest:\r\ns/

Kimberly Dewis\r\nKimberly Dewis, City Clerk\r\nORDINANCE G34-16 PASSED GRANTING

A CONDITIONAL USE TO ESTABLISH A\r\nPACKAGE LIQUOR STORE IN THE AB AREA BUSINESS

DISTRICT (823-825\r\nSUMMIT STREET)\r\nCouncilmember Gavin made a motion, seconded

by Councilmember Martinez, to pass the\r\nfollowing ordinance. Upon a roll call

vote: Yeas: Councilmembers Dunne, Gavin, Martinez,\r\nPowell, Prigge, Rauschenberger,

Shaw, Steffen, and Mayor Kaptain. Nays: None. \r\nAUGUST 10, 2016 VOLUME LXXXI\r\n316\r\nOrdinance

No. G34-16\r\nAN ORDINANCE GRANTING A CONDITIONAL USE TO\r\nESTABLISH A PACKAGE

LIQUOR STORE\r\nIN THE AB AREA BUSINESS DISTRICT\r\n(823-825 Summit Street)\r\nWHEREAS,

written application has been made requesting conditional use approval to\r\nestablish

a package liquor store within the building located at 823-825 Summit Street; and\r\nWHEREAS,

the zoning lot with the building containing the premises at 823-825 Summit\r\nStreet

is legally described herein (the “Subject Property”); and\r\nWHEREAS, the Subject

Property is located within the AB Area Business District and such\r\nland use is

listed as a conditional use within the AB Area Business District; and\r\nWHEREAS,

the Planning and Zoning Commission conducted a public hearing concerning\r\nsaid

application on June 6, 2016, following due notice by publication; and\r\nWHEREAS,

the Community Development and the Planning and Zoning Commission have\r\nsubmitted

their Findings of Fact concerning said application; and\r\nWHEREAS, the Community

Development and the Planning and Zoning Commission\r\nrecommend approval of said

application, subject to the conditions articulated below; and\r\nWHEREAS, the City

Council of the City of Elgin, Illinois, has reviewed the findings and\r\nrecommendations

of the Community Development Department and the Planning and Zoning\r\nCommission;

and\r\nWHEREAS, the City of Elgin is a home rule unit and as a home rule unit may

exercise any\r\npower and perform any function pertaining to its government and

affairs; and\r\nWHEREAS, zoning, including, but not limited to, this ordinance granting

a conditional use\r\nin the AB Area Business District pertain to the government

and affairs of the city.\r\nNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF

THE CITY OF\r\nELGIN, ILLINOIS:\r\nSection 1. That the City Council of the City

of Elgin hereby adopts the Findings of\r\nFact, dated June 6, 2016, and the recommendations

made by the Community Development\r\nDepartment and the Planning and Zoning Commission,

a copy of which is attached hereto and\r\nmade a part hereof by reference as Exhibit

A.\r\nVOLUME LXXXI AUGUST 10, 2016\r\n317\r\nSection 2. That a conditional use to

establish a package liquor store at 823-825 Summit\r\nStreet, commonly identified

by Cook County Property Index Number 06-07-302-049-0000, and\r\nlegally described

as follows:\r\nTHE NORTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT\r\nPART

OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9\r\nEAST OF THE THIRD

PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:\r\nCOMMENCING AT THE NORTHEAST CORNER

OF LORD'S PARK, BEING ALSO\r\nTHE NORTHWEST CORNER OF THE EAST 1/2, OF THE NORTHWEST

1/4 OF\r\nSECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL\r\nMERIDIAN;

THENCE SOUTH 89 DEGREES, 35 MINUTES WEST, 520 FEET;\r\nTHENCE NORTH 2 DEGREES, 25

MINUTES EAST, 286 FEET TO THE POINT OF\r\nBEGINNING; THENCE NORTH 89 DEGREES, 35

MINUTES EAST, 90 FEET;\r\nTHENCE NORTH 2 DEGREES, 25 MINUTES EAST, 282 FEET TO THE

SOUTH LINE\r\nOF STATE ROUTE 58; THENCE NORTH 88 DEGREES, 49 MINUTES WEST ALONG\r\nTHE

SOUTH LINE OF SAID STATE ROUTE 58 TO A LINE DRAWN NORTH 2\r\nDEGREES, 25 MINUTES

EAST FROM THE POINT OF BEGINNING; THENCE\r\nSOUTH 2 DEGREES, 25 MINUTES EAST FROM

THE POINT OF BEGINNING;\r\nTHENCE SOUTH 2 DEGREES, 25 MINUTES WEST ALONG SAID LAST\r\nMENTIONED

LINE TO THE POINT OF BEGINNING, IN COOK COUNTY,\r\nILLINOIS.\r\n(Commonly known

as: 823-825 Summit Street, Elgin, IL 60120)\r\nbe and is hereby granted subject

to the following additional conditions:\r\n1. Substantial conformance to the Development

Application and Attachments, submitted by\r\nPravin Patel of Bajirao Mastani Inc.

d/b/a “Total Liquors,” as applicant and Emin Tuluce\r\non behalf of 823 Summit LLC,

as owner and consisting of the following exhibits:\r\na. Owners and Applicant’s

Consent and Disclosure of