Elgin City Council met March 21.

By Lhalie Castillo

May 26, 2018

Here is the minutes provided by the Council:

The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Invocation was given by George Wadleigh, from Christian Science and the Pledge of Allegiance was led by Councilmember Martinez.

Roll Call:

Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.

Minutes Of The March 7, 2018, Council Meeting Approved As Distributed:

Councilmember Dixon made a motion, seconded by Councilmember Martinez, to approve the March 7, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Recognize Persons Present:

Leonard Williams provided comments on police procedures and communication as it related to the police shooting of Decynthia Clements.

Teddy Bedford expressed his concerns on how the police call involving Ms. Clements was handled and solutions for the future.

Marcus Banner stated his concerns regarding the choices made during the traffic stop involving Ms. Clements.

Kevin Echevarria provided an update on the opening of his business and thanked the city for their assistance.

Demetrius Smith thanked those that attended the event he organized and thanked the police department for addressing questions and concerns.

Jennifer Cook made comments on the proposed ordinance allowing ice cream trucks.

Earl Silbar expressed his concerns regarding the police response to the traffic stop of Decynthia Clements.

Tyrell Ivy appreciated the video footage being released the following day and expressed condolences to the family of Decynthia Clements

Walter Blalark commented on his experiences with the police department and his efforts to bring the community together.

Mayor Kaptain announced there would be a community conversation planned for early April.

Councilwoman Powell expressed condolences to the family of Decynthia Clements. She stated she understands the questions and concerns the public has regrading this incident. She would like it noted that upon the completion of the Illinois State Police investigation she would like to have an independent investigation conducted and a citizen board created to look into allegations of police misconduct.

Councilman Dixon expressed condolences to the family of Decynthia Clements. He would also like an independent investigation to be conducted.

Bid 18-006 Awarded To Various Vendors For Golf Course Landscaping Supplies:

Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award the bid to the lowest responsive bidders in the total amount of $163,971 to purchase the supplies needed to maintain the turf grass at city owned golf courses, sports complex and parkways. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Bid 18-012 Awarded To Various Vendors For 2018 Pool Chemicals:

Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a contract to Aqua Pure Enterprises ($3,318), Halogen Supply Company ($26,967), Mineral Masters ($210) and Hawkins ($19,391) for pool chemicals in the total amount of $49,886 in order to maintain city pools to ensure the highest water quality and safety to the patrons. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Bid 18-013 Awarded To Maintenance Coatings Company For Pavement Marking Program:

Councilmember Dunne made a motion, seconded by Councilmember Martinez, to award the 2018 pavement marking program base bid ($246,169) and alternate bid ($10,725) to Maintenance Coatings Company in the amount of $256,894 in order to provide clear traffic guidance on city maintained roads. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Bid 18-014 Awarded To Various Vendors For The Purchase Of Bituminous Patching Mixtures Groups I And II:

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to authorize the purchase of bituminous patching mixtures (Group I) from Plote Construction Inc. in the amount of $141,120 and (Group II) from Arrow Road Construction in the amount of $28,000 in order to provide public works with the materials necessary to repair and replace asphalt infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Bid 18-015 Awarded To Ac Ready Mix, Llc For The Purchase Of Portland Cement Concrete:

Councilmember Powell made a motion, seconded by Councilmember Dunne, to authorize the purchase of Portland cement concrete for 2018 from AC Ready Mix, LLC at a unit price ranging from $115 to $315 per cubic yard not to exceed $30,000 in order to provide public works with the materials necessary to repair and replace areas of streets, sidewalks, curb and gutter. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution 18-41 Adopted Authorizing Execution Of Purchase Agreement With Purafil Inc. Regarding The Emergency Purchase Of Purafil Chlorosorb Ultra Media For Riverside And Airlite Water Treatment Plants:

There was discussion regarding the life span of the product, the cost, and an annual assessment of the media to assist in the budget process.

Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution No. 18-41

Resolution Authorizing Execution Of Purchase Agreement With Purafil Inc. Regarding The Emergency Purchase Of Purafil Chlorosorb Ultra Media For Riverside And Airlite Water Treatment Plants

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 purchase agreement on behalf of the City of Elgin with Purafil Inc. regarding the emergency purchase of purafil chlorosorb ultra media for Riverside and Airlite water treatment plants, a copy of which is attached hereto and made a part hereof by reference.

Ordinance G19-18 Passed Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Create A New Class O License:

Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained.

Ordinance No. G19-18

An Ordinance Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Create A New Class O License

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, the regulation of alcoholic liquor dealers pertains to the government and affairs of the city; and

Whereas, the city council of the City of Elgin has determined that it is appropriate to create a new class of liquor license for the premises at 51 South Grove Avenue pursuant to a proposal for a taproom at such location.

Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:

Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by adding a new subparagraph R thereto, and by re-lettering the existing subparagraphs R through V accordingly, with such new subparagraph R thereto to read as follows:

"R. Class O: For the retail sale of alcoholic liquor for consumption on the premises on the premises commonly known as 51 South Grove Avenue, Elgin, Illinois, which further authorizes the sale of beer, ale, or other beverage made from malt by fermentation in a sealed keg for consumption off the premises, subject to the following additional restrictions and conditions:

1. Compliance with the terms and provisions of Ordinance No. G3-18 granting a conditional use to establish a commercial food hall and taproom on the subject property, provided, however, and notwithstanding anything the contrary in such ordinance, the sale of alcoholic liquor shall be for consumption on the premises only, with the sole exception of the sale of beer, ale, or other beverage made from malt by fermentation in a sealed keg for consumption off the premises.

2. The licensee may sell or permit to be sold alcoholic liquors daily from 8:00 a.m. until 12:00 a.m.

3. The licensee shall not operate or permit the operation of any sound amplification device or system on the licensed premises which can be heard from a distance of seventy-five (75) feet or more of any property line of the licensed premises.

4. The licensee fee per year is One Thousand Dollars ($1,000.00)."

Section 2. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by amending subparagraph L, which relates to a Class I special events license, and subparagraph O, which relates to a Class K- 1 special events license upon the premises of city owned property, by amending the listing of license classifications therein by adding a reference to the Class O license.

Section 3. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued: be and is hereby further amended by adding a new subparagraph U thereto, and by re-lettering the existing subparagraphs U through Z accordingly, with such new subparagraph U thereto to read as follows:

"U. The number of Class O licenses shall not exceed one (1) in number."

Section 4. That Section 6.06.055 of the Elgin Municipal Code, 1976, as amended, entitled "Exterior Sales Permit:" be and is hereby further amended by amending the listing of license classifications in the introductory paragraph thereof by adding a reference to the Class O license.

Section 5. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled "Bassett Training Requirements:" be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding a reference to the Class O license.

Section 6. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses by Licensee:" be and is hereby further amended by amending subparagraph N thereof to read as follows:

"N. Permit any person who has not attained the age of twenty one (21) years to remain on the premises of a Class A, A-1, AA, O, R, or R-1 licensee. This subsection shall not apply to:

1. Persons eighteen (18) years of age or older, when such person is on the premises pursuant to employment; or

2. Persons accompanied by his or her parents, legal guardian or spouse; or

3. Food service establishments, except in areas segregated and designated principally for the sale or consumption of alcoholic liquor, or for bowling alleys, except when they are segregated and designated principally for the sale or consumption of alcoholic liquor;"

Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.

Section 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.

Ordinance G20-18 Passed Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Amend The Number Of Certain Available Liquor License Classifications:

Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Ordinance No. G20-18

An Ordinance Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Amend The Number Of Certain Available Liquor License Classifications

Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:

Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraph M thereof to read as follows:

"M. The number of Class E licenses shall not exceed thirteen (13) in number."

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.

Resolution 18-42 Adopted Authorizing Execution Of A Purchase Of Services Agreement With The Elgin Area Convention Of Visitors Bureau For Marketing Services

Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Martinez abstained.

Resolution No. 18-42

Resolution Authorizing Execution Of A Purchase Of Services Agreement With The Elgin Area Convention Of Visitors Bureau For Marketing 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 a purchase of services agreement on behalf of the City of Elgin with the Elgin Area Convention of Visitors Bureau for tourism and marketing services, a copy of which is attached hereto and made a part hereof by reference.

Consent Agenda:

By unanimous consent, to pass Ordinance Nos. G15-18 through G18-18, and S1-18, as well as adopt Resolution Nos. 18-36 Through 18-40 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution 18-36 Adopted Authorizing Execution Of A Services Agreement With Motorola Solutions Inc. For Maintenance And Support Of Intrado 911, Non-Emergency Phone Systems And Command Central Aware Services:

Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution No. 18-36

Resolution Authorizing Execution Of A Services Agreement With Motorola Solutions Inc. For Maintenance And Support Of Intrado 911, Non- Emergency Phone Systems And Command Central Aware Services

Be It 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 a Services Agreement on behalf of the City of Elgin with Motorola Solutions Inc. for maintenance and support of Intrado 911, non-emergency phone systems and Command Central Aware Services, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-37 Adopted Authorizing Execution Of Master Premier Lease Schedules With Konica Minolta Premier Finance For The Lease Of Eight Digital Copiers:

Resolution No. 18-37

Resolution Authorizing Execution Of Master Premier Lease Schedules With Konica Minolta Premier Finance For The Lease Of Eight Digital Copiers

Be It 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 Master Premier Lease Schedules and related documents on behalf of the City of Elgin with Konica Minolta Premier Finance, a program of Konica Minolta Business Solutions U.S.A. Inc., for the lease of eight digital copiers, copies of which are attached hereto and made a part hereof by reference.

Resolution 18-38 Adopted Authorizing Execution Of Purchase Agreement With Shi International Corp. Regarding The Purchase Of Getac Intel Core Processors

Resolution No. 18-38

Resolution Authorizing Execution Of Purchase Agreement With Shi International Corp. Regarding The Purchase Of Getac Intel Core Processors

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 purchase agreement on behalf of the City of Elgin with SHI International Corp. regarding the purchase of 8 Getac Intel core processors and related equipment, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-39 Adopted Authorizing Execution Of An Agreement With Fire Recovery Usa, Llc For Billing Services:

Resolution No. 18-39

Resolution Authorizing Execution Of An Agreement With Fire Recovery Usa, Llc For Billing 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 Fire Recovery USA, LLC for performing billing services in connection with motor vehicle incidents and other emergency incidents, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-40 Adopted Authorizing Execution Of Purchase Agreement With Galls, Llc Regarding The Purchase Of Ballistic Vests And Carriers:

Resolution No. 18-40

Resolution Authorizing Execution Of Purchase Agreement With Galls, Llc Regarding The Purchase Of Ballistic Vests And Carriers

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 purchase agreement on behalf of the City of Elgin with Galls, LLC regarding the purchase of ballistic vests and carriers, a copy of which is attached hereto and made a part hereof by reference.

Ordinance G15-18 Passed Amending Chapter 11.60 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Stopping, Standing And Parking"

Ordinance No. G15-18

An Ordinance Amending Chapter 11.60 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Stopping, Standing And Parking"

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, parking regulations on streets within the City pertain 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 Section 11.60.066 of the Elgin Municipal Code, 1976, as amended, entitled "Limited Parking Areas; Restrictions on Odd and Even Numbered Days" be and is hereby further amended by amending subparagraph B thereof by adding a new subsection 5 thereto to read as follows:

"5. Area 5 - Poplar Creek Drive between Yew Court and Rosewood Court."

Section 2. That Section 11.60.067 of the Elgin Municipal Code, 1976, as amended, entitled "Resident Only Parking" be and is hereby further amended to read as follows:

"A. For the purposes of this section, a resident is a person who resides within a described resident only parking area. Residency shall be determined by the address at which a vehicle is registered with the Illinois Secretary of State.

B. No person other than residents of an area described below, service and delivery vehicles, and home healthcare provider vehicles whose operators are doing business with residents, shall park on the following streets as follows:

1. On school days from seven o'clock (7:00) A.M. until four o'clock (4:00) P.M. in the Summerhill neighborhood consisting of the following streets: Thorndale Drive, Thorndale Court, Maroon Drive between Thorndale Drive and Shales Parkway, Horace Drive, Thoreau Drive, Inverness Drive, Burns Drive, Walden Drive, Concord Drive, Concord Court, Mariner Drive, Mariner Court, Glen Ivy Drive, Packard Drive, Natoma Drive, Natoma Court, Dover Drive and Hampton Circle.

2. Each day from twelve (12:00) A.M. until nine (9:00) A.M. in the Parkwood II Unit One and Two neighborhood consisting of the street Campus Drive south of East Chicago Street.

3. Each day from twelve (12:00) A.M. until nine (9:00) A.M. in the Country Brook neighborhood consisting of the following streets: Sumac Lane, Longford Circle, Red Oak Court, Dogwood Court and Aspen Court.

C. The foregoing resident only parking restrictions shall not apply to the exception for temporary visitors of residents of the described area where a resident of the area has requested an exception for a temporary visitor and permission has been granted pursuant to rules and regulations for temporary visitor exceptions, as determined by the Chief of Police, or his designee."

Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.

Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.

Ordinance G16-18 Passed Establishing A Fire Sprinkler Assistance For Residential Conversions Grant Program

Ordinance No. G16-18

An Ordinance Establishing A Fire Sprinkler Assistance For Residential Conversions Grant Program

Whereas, the city council of the City of Elgin has adopted Ordinance Nos. S6-99, S1- 02, S2-02, S3-02 and S4-02 proposing, approving and creating the Elgin Central Area Tax Increment Financing Redevelopment Plan and Project (the "ECA TIF District") pursuant to the Tax Increment Allocation Redevelopment Act at 65 ILCS 5/11-74.4-1, et seq.); and

Whereas, the ECA TIF District was established on April 10, 2002 and will continue for 23 years thereafter; and

Whereas, the upper floors of certain downtown buildings which are located in the ECA TIF District are not being converted into residential dwelling units at the desired rate partly because of building code requirements requiring the installation of fire sprinklers; and

Whereas, city staff and the Downtown Neighborhood Association have recommended using TIF funds to cover a portion of the material and installation costs for fire sprinklers as an incentive for property owners to add residential dwelling units in the downtown; and

Whereas, the city council of the City of Elgin has determined, and hereby finds, that the proposed fire sprinkler assistance for residential conversions grant program will provide an incentive for property owners to add residential dwelling units in the downtown, which will in return improve the economic viability of those properties, promote greater utilization of currently vacant or underutilized buildings, and help enrich the downtown by providing more potential customers to revenue generating non-residential establishments; and

Whereas, the creation of additional residential dwelling units downtown will result in an increase in the city's tax revenues, and will result in renovation and restoration of existing buildings in the downtown; and

Whereas, the creation of additional dwelling units downtown is currently hindered by the economic viability thereof including certain building code requirements regarding fire sprinklers and would not occur in the absence of limited development assistance from the city as provided in the proposed fire sprinkler assistance for residential conversions grant program; and

Whereas, in order to incent and facilitate the creation of additional residential dwelling units in the ECA TIF District and in the downtown which will further the goals and objectives of the ECA TIF District plan and project the city council has determined that it is necessary and desirable to adopt the proposed fire sprinkler assistance for residential conversions grant program; and

Whereas, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and

Whereas, the fire sprinkler assistance for residential conversions grant program which will result in furthering and achieving the goals and objectives of the Elgin Central Area Tax Increment Financing Redevelopment Plan and Project, are matters within the government and affairs of the city; and

Whereas, the fire sprinkler assistance for residential conversions grant program will strengthen the commercial sector of the downtown and the city; and

Whereas, the fire sprinkler assistance for residential conversions grant program will enhance the tax base of the city; and

Whereas, the fire sprinkler assistance for residential conversions grant program is in the best interest of the city.

Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:

Section 1. The city council of the City of Elgin hereby approves and establishes the fire sprinkler assistance for residential conversions grant program pursuant to the attached program document entitled "Fire Sprinkler Assistance for Residential Conversions Grant Program" dated March 13, 2018, incorporated herein by this reference.

Section 2. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.

Ordinance S1-18 Passed Adopting And Publishing An Official Zoning Map:

Ordinance No. S1-18

An Ordinance Adopting And Publishing An Official Zoning Map

Whereas, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality.

Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:

Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2018 Official Zoning Map" dated March 21, 2018 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois.

Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map.

Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00 and each quadrant map - $25.00.

Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.

Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.

Ordinance G17-18 Passed Reclassifying Territory In The Ci Commercial Industrial District To Pcf Planned Community Facility District (711 E. Chicago Street):

Ordinance No. G17-18

An Ordinance Reclassifying Territory In The Ci Commercial Industrial District To Pcf Planned Community Facility District (711 E. Chicago Street)

Whereas, written application has been made to reclassify certain property located at 711 E. Chicago Street and 712 Laurel Street from CI Commercial Industrial District to PCF Planned Community Facility District; and

Whereas, the zoning lot containing the premises at 711 E. Chicago Street and 712 Laurel Street is legally described herein (the “Subject Property”); and

Whereas, the Planning & Zoning Commission conducted a public hearing concerning said application on February 5, 2018 following due notice including by publication; and

Whereas, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and

Whereas, the Community Development Department and the Planning & 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 & Zoning Commission; and

Whereas, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and

Whereas, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment from CI Commercial Industrial District to PCF Planned Community Facility 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 February 5, 2018, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.

Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph:

The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property:

That Part Of Lot 24 Of The County Clerk’s Subdivision Of The Undivided Lands In The South 1/2 Of Section18, Being That Part Of The Southwest 1/4 Of Section 18, Township 41 North, Range Lying Northerly Of A Line Drawn From A Point On The West Line Of Said Lot That Is 336.0 Feet South Of The Intersection Of Said West Line And The Center Line Of East Chicago Street To A Point Of The East Line Of Said Lot 24 That Is 256.0 Feet South Of The Intersection Of Said East Line And The Center Line Of East Chicago Street In The City Of Elgin In Cook County, Illinois.

And,

That Part Of Lot 24 Of The County Clerk’s Subdivision Of The Undivided Land In The South 1/2 Of Section 18, Township 41 North, Range 9, East Of The Third Principal Meridian, Lying Southerly Of A Line Drawn From A Point On The West Line Of Said Lot That Is 336.0 Feet South Of The Intersection Of Said West Line And The Center Line Of East Chicago Street To A Point On The East Line Of Said Lot 24 That Is 256.0 Feet South Of The Intersection Of Said East Line And The Center Line Of East Chicago Street, Lying Northerly Of The Northerly Right Of Way Line Of Laurel Street, In The City Of Elgin, Cook County, Illinois.

Pin(s): 06-18-301-052-0000; 06-18-301-050-0000;

(commonly known as 711 E. Chicago Street and 712 Laurel Street)

Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI Commercial Industrial District to PCF Planned Community Facility District at 711 E. Chicago Street and 712 Laurel Street, which shall be designed, developed, and operated subject to the following provisions:

A. Purpose and Intent. The purpose of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 “Planned Development” of the Elgin Municipal Code, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis.

B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.

C. General Provisions. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended.

D. Zoning Districts; Generally. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended.

E. Location and Size of District. PCF Planned Community Facility Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF Planned Community Facility District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres, unless such land is located between any nonresidential zoning district, and any residence district or any residence conservation district, which all have frontage on the same street and on the same block. No departure from the required minimum size of a PCF Planned Community Facility District shall be granted by the City Council.

F. Land Use. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR], or as a “conditional use” [SR], in this PCF Planned Community Facility District:

1. Permitted Uses. Those land uses enumerated as permitted uses within the CF Community Facility District, Section 19.30.130 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

2. Conditional Uses. Those land uses enumerated as conditional uses within the CF Community Facility District, Section 19.30.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

G. Site Design. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site Design”, of the Elgin Municipal Code, as amended, and Section 19.30.135 “Site Design” for CF Community Facility District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following:

1. Substantial conformance to the Development Application and supporting documents submitted by UP Development, LLC, an IL LLC, as applicant, and German Hernandez/Luz M. Cantu-Hernandez, h/w, as property owner, including the following materials:

a. PUD Proposal for Hanover Landing – 711 E. Chicago St. and 712 E. Laurel St. letter from Cullen J. Davis CEO UP Development, LLC, dated February 10, 2017;

b. Undated Statement of Purpose and Conformance Rider, received January 17, 2018;

c. Plat of Survey for 711 E. Chicago Street, prepared by Marchese Surveying Inc., dated April 26, 2004;

d. Plat of Survey for 712 Laurel Street, prepared by Lester L. Krusemeier, Professional Land Surveyor, dated March 3, 2012;

e. First Floor Plan Sheet A1.1, prepared by Hooker De Jong Architects & Engineers, dated January 23, 2018;

f. Second Floor Plan Sheet A1.2, prepared by Hooker De Jong Architects & Engineers, dated January 23, 2018;

g. Third Floor Plan Sheet A1.3, prepared by Hooker De Jong Architects & Engineers, dated January 23, 2018;

h. Exterior Elevations Sheet A4.1; prepared by Hooker De Jong Architects & Engineers, dated January 23, 2018;

i. Exterior Renderings Sheet A4.2; prepared by Hooker De Jong Architects & Engineers, dated January 23, 2018;

j. Undated Dumpster Enclosure Plan and Elevation Sheet A4.3; prepared by Hooker De Jong Architects & Engineers, received January 23, 2018;

k. Preliminary Landscape Plan Sheet 1 of 3, prepared by Manhard Consulting Ltd., dated January 17, 2018;

l. Landscape Specifications Sheet 2 of 3, prepared by Manhard Consulting Ltd., dated January 17, 2018;

m. Landscape Plan Details Sheet 3 of 3, prepared by Manhard Consulting Ltd., dated January 17, 2018;

n. Site Lighting Plan and Calculations, prepared by Hooker De Jong Architects & Engineers, dated January 17, 2018;

o. Undated eleven-sheet site engineering plans titled “Proposed Improvements for Residential Development 711 East Chicago Street City of Elgin, Illinois”, received January 17, 2018;

p. Preliminary Stormwater Management Report for 711 E. Chicago Street City of Elgin, IL, prepared by Manhard Consulting Ltd., dated January 17, 2018;

q. Undated Exhibit F Project Overview and Operations Narrative, received December 27, 2017; and

r. Undated Exhibit G Parking Narrative, received December 27, 2017.

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. The proposed residential care facility is hereby exempt from the supplementary regulation for residential care uses listed in Section 19.90.015 “Definitions and Regulations” of the Elgin Municipal Code, as amended, which states residential care facilities shall be licensed by the State of Illinois. The facility must, however, comply with any and all applicable requirements of the State of Illinois.

3. The minimum building street setback from the north street line along E. Chicago Street shall be 15.2 feet, and shall be in substantial conformance to the undated eleven-sheet site engineering plans titled “Proposed Improvements for Residential Development 711 East Chicago Street City of Elgin, Illinois”, received January 17, 2018.

4. A tree removal and replacement plan shall be submitted prior to the issuance of the building permit in conformance to Chapter 19.16 “Tree Preservation” of the Elgin Municipal Code, as amended, to supplement the Preliminary Landscape Plan Sheet 1 of 3, prepared by Manhard Consulting Ltd., dated January 17, 2018.

5. All proposed street graphics shall comply with the street graphics ordinance.

6. Compliance with all applicable codes and ordinances.

H. Off Street Parking. In this PCF Planned Community Facility District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended, with the following departure:

1. A minimum of 60 parking spaces shall be provided for the proposed residential care facility. A maximum of five community members not residing at the facility (out-patients) are permitted to visit the facility for treatment and professional services at any one concurrent time.

I. Off Street Loading. In this PCF Planned Community Facility District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended.

J. Signs. In this PCF Planned Community Facility District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended.

K. Nonconforming Uses and Structures. In this PCF Planned Community Facility District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended.

L. Amendments. In this PCF Planned Community Facility District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended.

M. Planned Developments. In this PCF Planned Community Facility District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PCF zoning district.

N. Conditional Uses. In this PCF Planned Community Facility District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PCF zoning district.

O. Variations. In this PCF Planned Community Facility District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PCF zoning district.

P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended.

Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law.

Ordinance G18-18 Passed Granting A Conditional Use For A Residential Care Facility In The Pcf Planned Community Facility District And Arc Arterial Road Corridor Overlay District (711 E. Chicago Street):

Ordinance No. G18-18

An Ordinance Granting A Conditional Use For A Residential Care Facility In The Pcf Planned Community Facility District And Arc Arterial Road Corridor Overlay District (711 E. Chicago Street)

Whereas, written application has been made requesting conditional use approval to establish a residential care facility at 711 East Chicago Street; and

Whereas, the zoning lot with the building containing the premises at 711 East Chicago Street is legally described herein (the “Subject Property”); and

Whereas, the Subject Property is located within the PCF Planned Community Facility District and ARC Arterial Road Corridor Overlay District, and a residential care facility is listed as a conditional use within the PCF Planned Community Facility District; and

Whereas, the Planning & Zoning Commission conducted a public hearing concerning said application on February 5, 2018, following due notice including by publication; and

Whereas, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and

Whereas, the Community Development Department and the Planning & 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 & 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 PCF Planned Community Facility District and ARC Arterial Road Corridor Overlay 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 2. That a conditional use for a residential care facility is hereby granted for the property commonly known as 711 East Chicago Street, commonly identified by Cook County Property Identification Numbers (PINs) 06-18-301-050-0000 and 06-18-301-052-0000, and legally described as follows:

And,

(commonly known as 711 E. Chicago Street and 712 Laurel Street)

Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:

7. Substantial conformance to the Development Application and supporting documents submitted by UP Development, LLC, an IL LLC, as applicant, and German Hernandez/Luz M. Cantu-Hernandez, h/w, as property owner, including the following materials: