Elgin City Council met September 26.

By Angelica Saylo Pilo

Nov 15, 2018

Elgin City Council met Sept. 26.

Here is the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on September 26, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The Invocation was given by Reverend Abi Raices, New Life Covenant Church and the Pledge of Allegiance was led by Fire Chief Dave Schmidt.

ROLL CALL

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

MINUTES OF THE SEPTEMBER 12, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve the September 12, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

Kane County Association for Home and Community Education Proclamation Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, Illinois Association for Home and Community Education was organized under the name Illinois Home Bureau Federation for the purpose of improving rural living and family and community life; and

WHEREAS, Illinois Association for Home and Community Education was initiated in July, 1915; an Advisor was hired by the University of Illinois to develop a home improvement association. Kane County joined this University of Illinois Extension program in 1918; and

WHEREAS, Illinois Association for Home and Community Education evolved from Kane County Home Bureau Federation to Kane County Homemakers Education Association to the 2008 change, Kane County Association for Home and Community Education; and

WHEREAS, Kane County Association for Home and Community Education is based at the University of Illinois Extension, 535 Randall Road, St. Charles, Illinois; and

WHEREAS, Kane County Association for Home and Community Education is dedicated to addressing the issues of community outreach, cultural enrichment, family living, international study, public relations and community involvement for the entire population of Kane County, regardless of race color, national origin, sex, age or creed.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, congratulate the Plato Center Unit of Kane County Association for Home and Community Education and designate the week of October 7-13 as HCE week.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of September, 2018

s/ David J. Kaptain Mayor

RECOGNIZE PERSONS PRESENT

Armida and Joe Dominguez invited the public to “Uplift and Unify”, an event to celebrate Hispanic Heritage Month, on October 6, 2018 from 2:00 p.m. to 5:00 p.m. at the Gail Borden Public Library.

Elisa Lara and Winfried Cooper, members of the Human Relations Commission, stated their support for diversity consultant Denise Barreto.

BID 18-044 AWARDED TO JR LIGHTING DESIGN, INC. FOR WIRELESS MICROPHONE AND INTERCOM REPLACEMENT

Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award a contract to JR Lighting Design Inc. in the amount of $99,250 to replace the wireless microphone and intercom systems in the Hemmens Cultural Center and city council chambers in order to maintain compliance with Federal Communication Commission regulations. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 18-107 ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM

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

Resolution No. 18-107

RESOLUTION

ACCEPTING THE PROPOSALS

FOR THE CITY OF ELGIN'S INSURANCE PROGRAM

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to accept the proposals on behalf of the City of Elgin for the city’s insurance program commencing October 1, 2018 as follows:

a. To accept Travelers’ renewal proposal for liability and crime insurance for an annual premium of $563,912.

b. To accept Safety National’s renewal proposal for excess workers’ compensation insurance for an annual premium of $233,427.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 18-108 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 1465 ROYAL BOULEVARD DRAINAGE STUDY

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

Resolution No. 18-108

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 1465 ROYAL BOULEVARD DRAINAGE STUDY

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with HR Green Inc. for professional services in connection with the 1465 Royal Boulevard Drainage Study, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 18-109 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (AGREEMENT NO. OP-19-0140, 04-02)

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

Resolution No. 18-109

RESOLUTION

AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (Agreement No. OP-19-0140, 04-02)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $116,208 for occupant protection and impaired driving enforcement.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a grant agreement with the State of Illinois and the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 18-110 ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH BOYS AND GIRLS CLUB OF ELGIN FOR A COMMUNITY GARDEN (355 ANN STREET)

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

Resolution No. 18-110

RESOLUTION

AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH BOYS AND GIRLS CLUB OF ELGIN FOR A COMMUNITY GARDEN

(355 Ann Street)

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 License Agreement on behalf of the City of Elgin with Boys and Girls Club of Elgin for use of land as a community garden, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G59-18 PASSED AMENDING A PLANNED DEVELOPMENT AS A CONDITIONAL USE ORDINANCE NO. G35-16 (300 NORTH STATE STREET)

Damir Latinovic, Senior Planner, provided traffic counts for the location and the standards that are used for this type of facility. There was discussion regarding the left hand turn into the facility from Lawrence Avenue and the potential issues. The developer stated they would correct the situation should it become necessary and would work with the Legal Department to incorporate that into the conditional use ordinance.

Councilmember Powell made a motion, seconded by Councilmember Martinez, to remove the left hand turn, going east, from Lawrence Avenue into the development. Upon a roll call vote: Yeas: Councilmembers Martinez, Powell, and Rauschenberger. Nays: Councilmembers Dixon, Gavin, Shaw, Steffen and Mayor Kaptain.

Councilmember Dixon made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Martinez and Rauschenberger.

Ordinance No. G59-18

AN ORDINANCE

AMENDING A PLANNED DEVELOPMENT AS A CONDITIONAL USE ORDINANCE NO. G35-16

(300 North State Street)

WHEREAS, the territory herein described has been granted a planned development as a conditional use in the CC2 Center City District by Ordinance No. G35-16, and

WHEREAS, written application has been made requesting an amendment to Ordinance No. G35-16 which granted a planned development as a conditional use in the CC2 Center City District at 300 North State Street; and

WHEREAS, the zoning lot with the building containing the premises at 300 North State Street is legally described in Section 2 of Ordinance No. G35-16 (the “Subject Property”); and

WHEREAS, the Subject Property is located within the CC2 Center City District and ARC Arterial Road Corridor District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 6, 2018 following due notice including by publication; and

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

WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and

WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and

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

WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to Ordinance No. G35-16 which granted a planned development as a conditional use in the CC2 Center City District pertains to the government and affairs of the city.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 6, 2018, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.

Section 2. That Section 2. 1. of Ordinance No. G35-16 is hereby amended to read as follows:

1. The building street setback along the south street lot line shall be no more than 12.88 feet, and the building street setback along the east street lot line shall be no more than 17.89 feet. Accordingly a street yard shall be provided to allow for the provision of an ADA compliant sidewalk along North State Street and to accommodate an existing 10-foot wide water main easement along Lawrence Avenue.

Section 3. That Section 2. 2. of Ordinance No. G35-16 is hereby amended to read as follows:

2. The maximum building coverage shall be no less than 25,056 square feet or 33.3% of the total zoning lot area of 75,192 square feet.

Section 4. That Section 2. 5. of Ordinance No. G35-16 is hereby amended to read as follows:

5. Each unit within the multi-family building may only be occupied by an “Elderly Family”. For the purposes of this ordinance, “Elderly Family” shall mean a family whose head (including co-head), spouse, or sole member is a person who is at least 62 years of age. It may include two or more persons who are at least 62 years of age living together, or one or more persons who are at least 62 years of age living with one or more live-in aids.”

Section 5. That Section 2. 6. of Ordinance No. G35-16 is hereby amended to read as follows:

6. Intentionally Omitted.

Section 6. That Section 2. of Ordinance No. G35-16 is hereby further amended to include the following additional conditions:

14. Substantial conformance to the Development Application submitted by Fox River Crossing, LP, as applicant, and Thomas M. Hartwell., as property owner, received July 6, 2018, and supporting documents including:

a. ALTA/NSPS Land Title Survey, prepared by C. M. Lavoie & Associates Inc., dated November 13, 2017, last revised January 3, 2018;

b. Undated Statement of Purpose and Conformance, received July 9, 2018;

c. Tenant Selection Plan, Other Programs, Fox River Crossing, dated revised March 20, 2017, received July 25, 2018;

d. Architectural plans for A New Facility Fox River Crossing 300 N. State St., Elgin, IL 60123, prepared by Hooker De Jong Architects & Engineers, dated June 21, 2018; and

e. Engineering Plans for FOX RIVER CROSSING 300 N. STATE STREET ELGIN, ILLINOIS, prepared by C. M. Lavoie & Associates Inc., dated January 23, 2018.

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.

15. The applicant shall make arrangements with the City of Elgin and Pace Suburban Bus agency for Pace to install a bus stop shelter on the west side of N. State Street, north of Lawrence Avenue, at a location selected by Pace. The applicant is not required to pay for the cost of the shelter but shall make all reasonable accommodations in its site plan, streetscape plan, and associated construction for the shelter. Following the installation of the bus stop shelter, the applicant and its successors, assigns and grantees to the Subject Property shall be responsible for the maintenance of the bus stop shelter.

16. In the event that future traffic data or a traffic study establishes that the left turn into the Subject Property from east bound Lawrence Avenue presents a traffic hazard as reasonably determined by the City's Community Development Director, the left turn into the Subject Property from east bound Lawrence Avenue shall be prohibited and the owner of the Subject Property shall at its cost alter the entrance into the Subject Property on Lawrence Avenue to prohibit left turns into the Subject Property according to plans approved by the City Engineer.

17. Compliance with all applicable codes and ordinances.

Section 7. That except as amended herein, the use and development of Subject Property shall be controlled pursuant to the provisions of Ordinance No. G35-16. In the event of any conflict between this ordinance, and Ordinance No. G35-16, this ordinance and associated documents shall control and prevail.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Passed: September 26, 2018

Vote: Yeas: 6 Nays: 2

Recorded: September 26, 2018

Published: September 28, 2018

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G53-18 through G58-18 and adopt Resolution Nos. 18-102 through 18-106 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 18-102 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO EXTEND #2, AN AFFIDAVIT TO EXTEND/LOCAL AGENCY, MODIFICATION AFFIDAVIT AND AN AFFIDAVIT OF INTENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO REVISE THE ENDING DATE IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE I PROJECT

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

Resolution No. 18-102

RESOLUTION

AUTHORIZING EXECUTION OF AN AMENDMENT TO EXTEND #2,

AN AFFIDAVIT TO EXTEND/LOCAL AGENCY, MODIFICATION AFFIDAVIT AND AN AFFIDAVIT OF INTENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO REVISE THE ENDING DATE IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE I PROJECT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute an Amendment to Extend #2, an Affidavit to Extend/Local Agency, Modification Affidavit and an Affidavit of Intent with the Illinois Department of Transportation to revise the ending date in connection with the Elgin Bikeway Route 4 Phase I Project, job number 09-00176-00-BT, project number CMM- 9003 (234), copies of which are attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 18-103 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO MULTI-COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO

Resolution No. 18-103

RESOLUTION

AUTHORIZING EXECUTION OF AN AMENDMENT TO MULTI-COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment to Multi-County Municipality Intergovernmental Agreement with the Metropolitan Water Reclamation District of Greater Chicago, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 18-104 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES

Resolution No. 18-104

RESOLUTION

APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Christopher Harris, Case No. 16 WC 38348, in the total amount of $174,415.50 is approved.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 18-105 ADOPTED REGARDING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN

Resolution No. 18-105

RESOLUTION

REGARDING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN

WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and

WHEREAS, as required by the Illinois Open Meetings Act, the City Clerk has kept written minutes of all such executive sessions; and

WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and

WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and

WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection; and

WHEREAS, the Illinois Open Meetings Act further provides for the destruction of the verbatim record of executive session meetings eighteen (18) months after the completion of the meeting recorded and after the public body approves the destruction of a particular recording and the public body approves minutes of the closed meeting.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. The executive session minutes for the period from January 2018, through June, 2018 are hereby approved as set forth in Exhibit A and are available for public inspection.

Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B.

Section 3. The need for confidentiality no longer exists as to all or parts of those executive session minutes set forth in Exhibit C and are available for public inspection.

Section 4. The destruction of the verbatim records of executive session meetings conducted more than eighteen (18) months prior to the date of this resolution and for which the minutes of such executive session meetings have previously been approved and released is hereby authorized.

Section 5. This resolution shall be in full force and effect from and after its passage.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

EXHIBIT A

THESE MINUTES NEED TO BE APPROVED AND DETERMINATION MADE WHETHER THEY CAN BE RELEASED

• February 14, 2018

• March 7, 2018

• March 21, 2018

• June 27, 2018

EXHIBIT B

CONFIDENTIAL TREATMENT STILL EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES

• Portion of November 19, 2014

• Portion of December 6, 2017

• Portion of March 7, 2018

EXHIBIT C

CONFIDENTIAL TREATMENT NO LONGER EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES

• Portion of December 6, 2017

RESOLUTION 18-106 ADOPTED RATIFYING THE EXECUTION OF CONSENT OF LICENSEE FOR AN AMENDMENT TO GRANT OF EASEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF KANE COUNTY AND THE FOX RIVER WATER RECLAMATION DISTRICT

Resolution No. 18-106

RESOLUTION

RATIFYING THE EXECUTION OF CONSENT OF LICENSEE FOR AN AMENDMENT TO GRANT OF EASEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF KANE COUNTY AND THE FOX RIVER WATER RECLAMATION DISTRICT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of Consent of Licensee for an Amendment to Grant of Easement by David J. Kaptain, Mayor, with the Forest Preserve District of Kane County and the Fox River Water Reclamation District for the purpose of the constructing, installing, and maintaining an eight inch sludge forcemain sanitary sewer line, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Adopted: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G53-18 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 Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Ordinance No. G53-18

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 subparagraphs M, N and X thereof to read as follows:

"M. The number of Class E licenses shall not exceed twelve (12) in number.

N. The number of Class E-1 licenses shall not exceed six (6) in number.

X. The number of Class S licenses shall not exceed four (4) 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.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Passed: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: September 26, 2018

Published: September 28, 2018

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G54-18 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" REGARDING DISTANCE REQUIREMENTS FROM CHURCHES, SCHOOLS AND OTHER CERTAIN INSTITUTIONS

Ordinance No. G54-18

AN ORDINANCE

AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" REGARDING DISTANCE REQUIREMENTS FROM CHURCHES, SCHOOLS AND OTHER CERTAIN INSTITUTIONS

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 affairs; and

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

WHEREAS, Public Act 100-0663 authorizes liquor control commissions to grant exceptions to the prohibition in 235 ILCS 5/6-11(a) which provides for certain distancing requirements for the sale at retail of any alcoholic liquor within 100 feet of any church, school or other specified institutions if a local rule or ordinance authorizes the local liquor control commission to grant that exception; and

WHEREAS, the city council of the City of Elgin has determined that it is desirable to amend the City of Elgin Liquor Code to provide for such exemption authority within the city’s liquor code.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers” be and is hereby further amended by adding a new section 6.06.016 thereto entitled “Exception to State Statute Regarding Sales Near Churches, Schools and Other Specified Institutions:” to read as follows:

“6.06.016: EXCEPTION TO STATE STATUTE REGARDING SALES NEAR CHURCHES, SCHOOLS AND OTHER SPECIFIED INSTITUTIONS:

Pursuant to 235 ILCS 5/6-11 (a-5), notwithstanding any provision of 235 ILCS 5/6-11(a) to the contrary, the Local Liquor Control Commission may grant an exception to the prohibition in 235 ILCS 5/6-11(a).”

Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict.

Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Passed: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: September 26, 2018

Published: September 28, 2018

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G55-18 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1005 NORTH RANDALL ROAD)

Ordinance No. G55-18

AN ORDINANCE

GRANTING A CONDITIONAL USE TO ESTABLISH AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1005 North Randall Road)

WHEREAS, written application has been made requesting conditional use approval to establish an amusement and recreational service not elsewhere classified (indoor multi-sport practice facility specializing in baseball and softball) at 1005 North Randall Road; and

WHEREAS, the zoning lot with the building containing the premises at 1005 North Randall Road is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and an amusement and recreational service not elsewhere classified is listed as a conditional use within the AB Area Business District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 6, 2018 following due notice including by publication; and

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

WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and

WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and

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

WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the AB Area Business District pertains to the government and affairs of the city.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 2. That a conditional use for an amusement and recreational service not elsewhere classified is hereby granted for the property commonly known as 1005 North Randall Road, and commonly identified by Kane County Property Index Number 06-09-154-002, and legally described as follows:

LOT 564 IN VALLEY CREEK UNIT NO.14, BEING A SUBDIVISION OF PART OF SECTION 9. TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1992 AS DOCUMENT 92K42893 IN THE RECORDER’S OFFICE OF KANE COUNTY, ILLINOIS.

ALSO KNOWN AS:

THAT PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE, AS MONUMENTED, OF RANDALL ROAD WITH THE NORTHERLY LINE OF ROYAL BOULEVARD, ACCORDING TO VALLEY CREEK UNIT NUMBER 4, BEING A SUBDIVISION OF PART OF SAID SECTION 9; THENCE NORTH EASTERLY; ALONG THE SAID EASTERLY RIGHT OF WAY LINE, AS MONUMENTED, OF RANDALL ROAD, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15,696.23 FEET AND A CHORD BEARING OF NORTH 20° 52° 47” EAST, AN ARC DISTANCE OF 607.81 FEET; THENCE SOUTH 69° 26’ 25” EAST, A DISTANCE OF 532.14 FEET; THENCE SOUTH 20° 33’ 35” WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 62.34 FEET; THENCE SOUTH 69° 26’ 25” EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 482.96 FEET: THENCE SOUTH 20° 33’ 35” WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 639.53 FEET TO THE NORTHERLY LINE OF ROYAL BOULEVARD, ACCORDING TO THE AFORESAID VALLEY GREEK BOULEVARD, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 444.47 FEET AND CHORD BEARING NORTH 71° 05° 10” WEST AN ARC DISTANCE OF 357.46 FEET: THENCE SOUTHWESTERLY ALONG THE SAID NORTHERLY LINE OF ROYAL BOULEVARD, BEING ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIED CURVE, HAVING A RADIUS OF 1139,00 FEET, AN ARC DISTANCE OF 329.33 FEET; THENCE NORTH 64° 36’ 46” WEST TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 352.35 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:

LOT 563 IN VALLEY CREEK UNIT NO. 14, BEING A SUBDIVISION OF PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1992 AS DOCUMENT 92K42893 IN THE RECORDER’S OFFICE OF KANE COUNTY, ILLINOIS. (Property commonly known as 1005 North Randall Road.)

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

2. Substantial conformance to the Development Application submitted by It Starts with the Turf, as applicant, and Kane Holdings, as property owner, received July 5, 2018, and supporting documents including:

a. Undated Conditional Use Statement of Purpose and Conformance, received July 26 2018;

b. ALTA/ACSM Land Title Survey, prepared by Michael F. Feldbusch R. L. S., dated October 22, 2010, last revised December 8, 2010;

c. Undated Existing and Proposed floor plans, received June 27, 2018; and

d. Undated four-page photographs, received June 27, 2018.

3. All street graphics must comply with the zoning ordinance requirements.

4. Compliance with all applicable codes and ordinances.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Passed: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: September 26, 2018

Published: September 28, 2018

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G56-18 PASSED AMENDING ORDINANCE NO. G9-01 FOR A PORTION OF A PAB PLANNED AREA BUSINESS DISTRICT (351-365 SOUTH RANDALL ROAD)

Ordinance No. G56-18

AN ORDINANCE

AMENDING ORDINANCE NO. G9-01 FOR A PORTION OF A PAB PLANNED AREA BUSINESS DISTRICT (351-365 South Randall Road)

WHEREAS, the territory herein described has been classified in the PAB Planned Area Business District, and is subject to the requirements of Ordinance No. G9-01; and

WHEREAS, written application has been made to amend Ordinance No. G9-01 to allow additional permitted uses, and to allow certain conditional uses on Lot 2 and the portion of Lot 3 described herein of College Park Square Subdivision in the PAB Planned Ara Business District established by Ordinance No. G9-01; and

WHEREAS, the zoning lot with the building containing the premises at 351-365 South Randall Road is legally described in Ordinance No. G9-01 (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 6, 2018 following due notice including by publication; and

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

WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and

WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and

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

WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PAB Planned Area Business District established by Ordinance No. G9-01 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 the amendatory provisions of this ordinance shall apply to the portion of the Subject Property commonly known as 351-365 South Randall Road, commonly identified by the Kane County Property Index Number 06-21-152-002, and 06-21-152-040, and legally described as follows:

PARCEL ONE:

LOT 2 IN COLLEGE PARK SQUARE, BEING A SUBDIVISION OF PART THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THIRD PRINCIPAL MERIDIAN, THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.

PARCEL TWO:

THAT PART OF LOT 3 IN COLLEGE PARK SQUARE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 3 A DISTANCE OF 86.67 FEET; THENCE NORTH 82 DEGREES 13 MINUTES 49 SECONDS WEST A DISTANCE OF 314.37 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 THAT IS 38.19 FEET SOUTHERLY, AS MEASURE ALONG SAID WESTERLY LINE, FROM THE NORTHWEST CORNER OF SAID LOT 3; THENCE NORTH 07 DEGREES 46 MINUTES 11 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 38.19 FEET TO SAID NORTHWEST CORNER OF LOT 3; THENCE NORTH 88 DEGREES 46 MINUTES 41 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID LOT 3 A DISTANCE OF 306.41 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.

PARCEL THREE:

RECIPROCAL EASEMENT IN, TO, OVER AND ACROSS THE LAND DESCRIBED IN OPERATION AND EASEMENT AGREEMENT BY AND BETWEEN ARON PARTNERSHIP I LLC AND ROBER ARCARO DATED FEBRUARY 28, 2003 AND RECORDED MARCH 12, 2003 AS DOCUMENT 2003K041275.

(Commonly known as 351-365 South Randall Road and hereinafter referred to as Lot 2 and the Subject Portion of Lot 3)

Section 3. That Section 6. E. of Ordinance No. G9-01, which regulates “Land Use” in the PAB Planned Area Business District of the Subject Property, is hereby amended with respect to Lot 2 and the Subject Portion of Lot 3 as described in Section 2 of this ordinance to read as follows:

The Development of Lot 2 and the Subject Portion of Lot 3 in this PAB Planned Area Business District as described in Section 2 of this ordinance shall be limited to the following enumerated “land uses” [SR] as the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PAB Planned Area Business District:

Permitted Uses. Those land uses enumerated as permitted uses within the AB Area Business District, Section 19.40.430. A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, except:

1. Second floor apartment dwellings.

2. Automotive renting and leasing without drivers.

3. Ballroom and dance hall operation.

4. Motion picture theaters.

5. Liquor stores.

6. Mobile home dealers.

7. Motor vehicle dealers

8. Outdoor eating and drinking facilities.

9. Used building materials.

10. Amateur radio antennas.

11. Radio and TV antennas.

12. Satellite dish antennas.

13. Drive thru facilities.

Conditional Uses. The following land uses shall be the only land uses allowed as “conditional use” [SR] in this PAB Planned Area Business District:

1. Billiard and pool halls (7999)

2. Bingo parlors (7999)

3. Child daycare services (835)

4. Churches, convents, monasteries, and temples (8661)

5. Coin operated amusement establishments (7993)

6. Dance studios and schools (791)

7. Individual and family social services (829)

8. Membership organizations (86)

9. Membership sports and recreation clubs (7997)

10. Other schools and educational services (829)

11. Physical fitness facilities (7991)

12. Package liquor sales establishments [SR] (5921)

13. Courier services (4215)

Section 4. That Section 6. C. of Ordinance No. G9-01, which regulates “Site Design”, is hereby amended by relettering such section to Section 6.F. and by amending such section with respect to Lot 2 and the Subject Portion of Lot 3 as described in Section 2 of this ordinance by adding the following additional conditions:

In this PAB Planned Area Business District, except as otherwise provided for herein, the development of Lot 2 and the Subject Portion of Lot 3 as described in Section 2 of this ordinance shall be subject to the following additional conditions:

9. Substantial conformance to the Development Application submitted by LAD Properties, LLC, as applicant and property owner, received July 9, 2018, and supporting documents including:

a. A letter from Scott G. Richmond, Esq. regarding 351-365 Randall Road, Elgin, IL 60123, dated June 21, 2018;

b. Undated list of Proposed Additional Permitted and Conditional Uses per Map Amendment, received July 17, 2018;

c. Undated Statement of Purpose and Conformance, received June 21, 2018.

10. Compliance with all applicable codes and ordinances.

Section 5. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G9-01. In the event of any conflict between this ordinance and Ordinance No. G9-01, this ordinance and associated documents shall control and prevail.

Section 6. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Passed: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: September 26, 2018

Published: September 28, 2018

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G57-18 PASSED GRANTING A CONDITIONAL USE FOR AN OTHER SCHOOL AND EDUCATIONAL SERVICE (KUMON CENTER) FOR A PORTION OF A PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (361 SOUTH RANDALL ROAD)

Ordinance No. G57-18

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR AN OTHER SCHOOL AND EDUCATIONAL SERVICE (KUMON CENTER) FOR A PORTION OF A PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT

(361 South Randall Road)

WHEREAS, written application has been made requesting conditional use approval to establish an other school and educational service (Kumon Center) at 361 South Randall Road; and

WHEREAS, the zoning lot with the building containing the premises at 361 South Randall Road, is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within a portion of the PAB Planned Area Business District established by Ordinance No. G9-01, as amended by Ordinance No. G56-18, and an other school and educational service is listed as a conditional use within the PAB Planned Area Business District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 6, 2018 following due notice including by publication; and

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

WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and

WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and

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

WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the PAB Planned Area Business 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 an other school and educational service is hereby granted for the property commonly known as 361 South Randall Road, which is part of the property commonly identified by the Kane County Property Index Numbers 06-21-152-002, and 06-21-152-040, and legally described as follows:

PARCEL ONE:

LOT 2 IN COLLEGE PARK SQUARE, BEING A SUBDIVISION OF PART THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THIRD PRINCIPAL MERIDIAN, THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.

PARCEL TWO:

PARCEL THREE:

(Commonly known as 351-365 South Randall Road)

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

5. The conditional use granted by this ordinance is limited to the unit at 361 Randall Road.

6. Substantial conformance to the Development Application submitted by LAD Properties, LLC, as applicant and property owner, received July 9, 2018, and supporting documents including:

a. A letter from Scott G. Richmond, Esq. regarding 351-365 Randall Road, Elgin, IL 60123, dated June 21, 2018;

b. Undated Statement of Purpose and Conformance, received June 21, 2018;

c. Undated Conditional Use Statement of Purpose and Conformance, received June 21, 2018;

d. A letter from Amy Cho, owner and instructor of Kumon Center, dated June 18, 2018;

e. ALTA/ACSM Land Title Survey, prepared by Landmark Engineering Group Inc., dated January 14, 2003;

f. Undated Kumon Center of Elgin-West 361 S Randall Road plan, received June 21, 2018;

g. Undated Kumon Center of Elgin Proposed Layout 361 S Randall Road plan, received June 21, 2018; and

h. A sign plan for Kumon South Elgin Channel Letters, prepared by Signarama, dated May 30, 2018.

7. Compliance with all applicable codes and ordinances.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Passed: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: September 26, 2018

Published: September 28, 2018

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G58-18 PASSED VACATING PORTIONS OF PUBLIC STREETS AND PARK PROPERTY (PORTIONS OF HASTINGS STREET, KRAMER STREET, WILLARD AVENUE AND ADJOINING PARK PROPERTY)

Ordinance No. G58-18

AN ORDINANCE

VACATING PORTIONS OF PUBLIC STREETS AND PARK PROPERTY (Portions of Hastings Street, Kramer Street, Willard Avenue and Adjoining Park Property)

WHEREAS, the public interest will be served by vacating a portion of a public street in the City of Elgin, Kane County, Illinois, as shown in the Plat of Vacation attached hereto as Exhibit A; and

WHEREAS, the public interest will be served by vacating a portion of the public streets and park property in the City of Elgin, Kane County, Illinois, as shown in the Plat of Vacation attached hereto as Exhibit B; and

WHEREAS, said property it not necessary to serve the public.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. That a portion of a public street known as Hastings Street in the City of Elgin, Kane County, Illinois, depicted on Exhibit A, attached hereto, and legally described as follows:

THAT PART OF HASTINGS STREET IN PLAYGROUND PARK ADDITION TO ELGIN, BEING A SUBDIVISION IN THE WEST HALF OF SECTION NINETEEN, TOWNSHIP FORTY-ONE NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON MAY 10, 1929 AS DOCUMENT NUMBER 10367527, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT SIXTY-SEVEN IN SAID SUBDIVISION; THENCE NORTH 89 DEGREES 05 MINUTES 01 SECONDS EAST, ON THE NORTH LINE OF SAID HASTING’S STREET, 153.41 FEET; THENCE SOUTH 32 DEGREES 11 MINUTES 49 SECONDS WEST, 78.80 FEET ON THE LINE BETWEEN SAID PLAYGROUND PARK ADDITION TO ELGIN SUBDIVISION AND ELGIN HEIGHTS ADDITION TO ELGIN, A SUBDIVISION IN SECTION NINETEEN, TOWNSHIP FORTY-ONE NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON SEPTEMBER 17, 1891 AS DOCUMENT NUMBER 1537442 TO THE SOUTH LINE OF HASTINGS STREET; THENCE SOUTH 88 DEGREES 55 MINUTES 47 SECONDS WEST, ON THE SOUTH LINE OF SAID HASTING'S STREET, 111.11 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 18 SECONDS WEST, 66.31 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS;

be and the same is hereby vacated.

Section 2. That a portion of the public streets known as Kramer Street and Willard Avenue, and the adjoining park property commonly known as Kirk-Kramer Park, in the City of Elgin, Kane County, Illinois, depicted on Exhibit B, attached hereto, and legally described as follows:

THAT PART OF ELGIN HEIGHTS ADDITION TO ELGIN, ILLINOIS, BEING A SUBDIVISION OF PART OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 1537442, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID ELGIN HEIGHTS ADDITION; THENCE SOUTH 28 DEGREES 30 MINUTES EAST ALONG THE SOUTHWESTERLY LINE THEREOF; SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF WILLARD AVENUE, A DISTANCE OF 231.20 FEET TO AN ANGLE POINT; THENCE SOUTH 36 DEGREES WEST A DISTANCE OF 41.l7 FEET TO THE NORTHERLY LINE OF OUT LOT 1 OF SAID ELGIN HEIGHTS ADDITION; THENCE EASTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 81.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF KIRK AVENUE; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF' 216.0 FEET AN ARC DISTANCE OF 306.97 FEET; THENCE NORTH 35 DEGREES 25 MINUTES 47 SECONDS EAST A DISTANCE OF 8.81 FEET TO THE SOUTHWEST CORNER OF THE INTERSECTION OF KRAMER STREET AND KIRK AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF KRAMER STREET A DISTANCE OF 332.08 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS;

be and the same are hereby vacated.

Section 3. That the City of Elgin does hereby reserve for itself an easement in, upon or under that portion of Hastings Street vacated by this ordinance as follows:

A permanent easement is hereby reserved for and granted to the City of Elgin, an Illinois municipal corporation, and any public utility or other company owning any public utilities or public service facilities within vacated Hastings Street, and their successors and assigns, for the installation, construction, reconstruction, replacement, alteration, enlargement, operation, inspection, repair, maintenance, relocation, renewal and removal of improvements, facilities and appurtenances, including without limitation any and all manholes, hydrants, pipes, connections and catch basins, to serve these and other lands with improvements, including but not limited to force mains, sanitary sewers, storm sewers, storm drainage, water mains, pedestrian walkways, municipal signage and other municipal or public utility purposes designated by said City, in, across, along, over, under and upon vacated Hastings Street (the “City Easement”); together with the right to install required service connections under the surface of each lot to serve improvements thereon; and together with the right to enter upon the property with such personnel and equipment as may be deemed necessary for all such uses and purposes.

No obstruction or structure shall be erected or located, nor shall any trees be planted, over said easement areas, nor shall any other activities be undertaken that unreasonably interfere with the City’s intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if approved in writing by the City of Elgin and if such use does not then or later interfere with the aforementioned purposes.

The right is also hereby granted to the City of Elgin to remove any fences, buildings or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that interfere with the operation of or access to such facilities in, on, upon, across, under or through said City Easement. The City shall not be responsible for the replacement or repair of any such fences, buildings, structures, trees, turf, gardens, shrubs, landscaping or other improvements removed during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the then property owner.

Any other public utilities shall be permitted to cross said City Easement at right angles thereto if approved in writing by the City of Elgin and provided that such is done in a manner that does not then or later unreasonably interfere with the City’s intended use of the easement areas; however no electrical transformers, switching equipment, junction boxes, or any other such facilities or equipment, shall be erected either above or below ground on said lands due to such crossings.

Section 4. That for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the portions of Hastings Street, Kramer Street, Willard Avenue, and Kirk- Kramer Park vacated by this ordinance shall be conveyed in their entirety by the City of Elgin to Hanover Township, an Illinois Township, by way of a quit-claim deed, without any representations, warranties, or guarantees, and subject to, without limitation, private, public, and utility easements, if any; the rights of adjoining property owners, if any; and the City’s reservation of an easement in favor of the City and any public utility or other company owning any public utilities or public service facilities within vacated Hastings Street as set forth herein. Such quit- claim deed shall be executed by the Mayor and attested to by the City Clerk and recorded with the Cook County Recorder concurrently with the recording of this ordinance and the plats of vacation attached hereto, and whereupon Hanover Township shall pursuant to 65 ILCS 5/11-91-1 acquire title to the portions of Hastings Street, Kramer Street, Willard Avenue, and Kirk-Kramer Park vacated by this ordinance in their entirety.

Section 5. That this ordinance shall be in full force and effect from and after its passage and the recording of a certified copy of the ordinance together with the attached plats of the vacated property with the Cook County Recorder’s Office.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 26, 2018

Passed: September 26, 2018

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: September 26, 2018

Published: September 28, 2018

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

Councilmember Powell made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Cultural Arts Commission, August 13, 2018

Heritage Commission – Design Review, August 14 and 28, 2018 Image Advisory Commission, Various Dates

Liquor Control Commission, July 11, 2018

Committee of the Whole Minutes for August 22, 2018

City Council Minutes for August 22, 2018

Riverboat Report

Disbursement Report

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

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

The meeting adjourned at 8:10 p.m.

https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/6174

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