City of Elgin City Council met January 22

By Michael Abella

Mar 12, 2020

City of Elgin City Council met Jan. 22.

Here is the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on January 22, 2020, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:37 p.m. The Pledge of Allegiance was led by Mayor Kaptain.

ROLL CALL

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

Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the January 8, 2020, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

Black History Family Festival Day Proclamation Mayor Kaptain read the following proclamation:

WHEREAS, the Mission of the Black History Family Festival is to use education and all aspects of cultural arts to creatively promote literacy while celebrating the diversity and rich history specific to the local and global African American experience; in an effort to empower individuals, strengthen families, and unite the greater community; and

WHEREAS, the Vision of the Black History Family Festival is to promote literacy and unite the Elgin area in celebration of the African American experience; and

WHEREAS, through a variety of instructive, entertaining and interactive activities, the Black History Family Festival endeavors to “strike a chord” within each individual that encourages and facilitates the desire to learn; and

WHEREAS, the Festival promotes a community where learning is embraced for a lifetime; literacy becomes part of the collective culture; and where celebrating ethnic differences strengthens the resolve to strive for the greatness that resides within each of us; and

WHEREAS, the Black History Family Festival will celebrate its 15th Anniversary on February 1, 2020; and

WHEREAS, The Black History Family Festival in partnership with the City of Elgin, Elgin Community College, Gail Borden Public Library and School District U-46 will present “Rise Up, Unite, Celebrate!” at the Gail Borden Library from 1 p.m. – 4 p.m. on Saturday, February 1, 2020.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim that henceforth, the first Saturday in February be recognized as Black History Family Festival Day in the City of Elgin.

IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of January, 2020.

David J. Kaptain Mayor

RECOGNIZE PERSONS PRESENT

Paul Ehorn provided feedback on the odd/even parking trial being conducted in his neighborhood.

JOB ORDER CONTRACT WITH F.H. PASCHEN APPROVED FOR THE SIGNS FOR THE EDWARD SCHOCK CENTRE OF ELGIN

There was discussion regarding the timeline and the scope of work for the project.

Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve a contract with F. H. Paschen in the amount of $107,323 for masonry repairs and sign installation at the Edward Schock Centre. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

COOPERATIVE PURCHASING PROGRAM PURCHASE APPROVED WITH GLOBAL EMERGENCY PRODUCTS FOR A PIERCE FIRE ENGINE (QUINT)

Councilmember Dixon made a motion, seconded by Councilmember Martinez, to authorize the purchase of a Pierce fire engine (quint) from Global Emergency Products in the amount of $803,776, including trade-in. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 20-12 ADOPTED NOMINATING THE PROPERTY AT 850 N. GROVE AVENUE FOR LANDMARK DESIGNATION

There was a discussion regarding previous redevelopment plans, the timeline and process to achieve landmark designation and if there is an option to remove landmark designation.

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

Resolution No. 20-12

RESOLUTION

NOMINATING THE PROPERTY AT 850 N. GROVE AVENUE FOR LANDMARK DESIGNATION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council hereby nominates the property commonly known as 850 N. Grove Avenue, Elgin, Kane County, Illinois, for landmark designation pursuant to Title 20 of the Elgin Municipal Code, 1976, as amended.

BE IT FURTHER 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 the Application for Individual Landmark Designation for the nomination of the property at 850 N. Grove Avenue for landmark designation, a copy of which is attached hereto and made a part hereof by reference, and to execute any and all other documents associated with said nomination and application for landmark designation on behalf of the City Council of the City of Elgin, and to submit such nomination and application form and any associated documents to the Heritage Commission.

Presented: January 22, 2020 Adopted: January 22, 2020 Vote: Yeas: 6 Nays: 3

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

s/ David J. Kaptain

David J. Kaptain, Mayor

ORDINANCE G5-20 PASSED GRANTING A CONDITIONAL USE TO INSTALL A CONDITIONAL COMMERCIAL ANTENNAS AND ANTENNA STRUCTURES MOUNTED ON EXISTING STRUCTURE IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (890 NORTH STATE STREET)

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

Ordinance No. G5-20

AN ORDINANCE

GRANTING A CONDITIONAL USE TO INSTALL A CONDITIONAL COMMERCIAL ANTENNAS AND ANTENNA STRUCTURES MOUNTED ON EXISTING STRUCTURE IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT

(890 North State Street)

WHEREAS, written application has been made requesting conditional use approval to install conditional commercial antennas and antenna structures mounted on existing structure in the PGI Planned General Industrial District established by Ordinance No. G72-03, and variations from Section 6.95.030 “Regulations and Standards”, of the Municipal Code, as amended, to install the proposed conditional commercial antennas with the maximum height of 69 feet, and the total combined volume of all above ground equipment and appurtenances comprising a personal wireless telecommunication facility of 109.7 cubic feet at 890 North State Street; and

WHEREAS, the zoning lot with the building containing the premises at 890 North State Street is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PGI Planned General Industrial District established by Ordinance No. G72-03, and a conditional commercial antennas and antenna structures mounted on existing structure is listed as a conditional use within the PGI Planned General Industrial District established by Ordinance No. G72-03; and

WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on December 2, 2019 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 Planning and Zoning Commission, per Title 19, Chapter 19.70 “Variations”, of the Municipal Code, as amended, has approved the requested variations to install the proposed conditional commercial antennas with the maximum height of 69 feet, and the total combined volume of all above ground equipment and appurtenances comprising a personal wireless telecommunication facility of 109.7 cubic feet; and

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

WHEREAS, the City Council of the City of Elgin, Illinois, concurs with 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 PGI Planned General Industrial District established by Ordinance No. G72-03 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 December 2, 2019, 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 a conditional use for conditional commercial antennas and antenna structures mounted on existing structure is hereby granted for the property commonly known as 890 North State Street, commonly identified by Kane County Property Index Number 06-11-101- 008, and legally described as follows:

PARCEL 1:

THAT PART OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF STATE ROUTE 31 WITH A LINE 396.0 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF SECTION 11 AS AFORESAID; THENCE NORTHEASTERLY ALONG SAID CENTER LINE OF STATE ROUTE 31 A DISTANCE OF 648.2 FEET; THENCE PARALLEL WITH THE SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11 AFORESAID NORTH 89 DEGREES 41 MINUTES 40 SECONDS WEST FOR 41.72 FEET TO THE WESTERLY 40 FEET RIGHT OF WAY LINE OF STATE ROUTE 31; THENCE NORTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY LINE, ALONG AN ARC OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2163.89 FEET FOR 61.36 FEET WITH THE CHORD BEARING NORTH 12 DEGREES 21 MINUTES 49 SECONDS EAST TO THE POINT ON A LINE THAT LIES 60.00 FEET NORTH OF THE LAST POINT AND PARALLEL WITH THE SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11 AFORESAID FOR THE PLACE OF BEGINNING; THENCE NORTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY LINE, ALONG AN ARC OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2163.87 FEET FOR 187.91 FEET WITH THE CHORD BEARING NORTH 09 DEGREES 03 MINUTES 48 SECONDS EAST TO A POINT OF TANGENCY; THENCE NORTH 06 DEGREES 34 MINUTES 32 SECONDS EAST FOR 50.11 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY (NOW METRA); THENCE NORTHWESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, ALONG AN ARC OF A CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 2003.69 FEET FOR 267.20 FEET WITH THE CHORD BEARING NORTH 35 DEGREES 50 MINUTES 43 SECONDS WEST TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUING NORTHWESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, ALONG AN ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1812.67 FEET FOR 64.50 FEET WITH A CHORD BEARING NORTH 40 DEGREES 41 MINUTES 06 SECONDS WEST; THENCE SOUTH 21 DEGREES 18 MINUTES 21 SECONDS WEST FOR 231.80 FEET; THENCE NORTH 64 DEGREES 53 MINUTES 01 SECONDS WEST FOR 19.06 FEET; THENCE SOUTH 23 DEGREES 09 MINUTES 10 SECONDS WEST FOR 254.26 FEET; THENCE SOUTH 35 DEGREES 56 MINUTES 49 SECONDS EAST FOR 70.73 FEET TO A LINE BEARING NORTH 89 DEGREES 41 MINUTES 40 SECONDS WEST DRAWN FROM THE PLACE OF BEGINNING AND BEING PARALLEL WITH THE SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11 AFORESAID; THENCE SOUTH 89 DEGREES 41 MINUTES 40 SECONDS EAST ALONG SAID PARALLEL LINE FOR 323.00 FEET TO THE PLACE OF BEGINNING, IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.

PARCEL 2:

A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS GRANTED BY RTM ST. CHARLES GROUP, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY TO BLOOMINGDALE BANK & TRUST COMPANY BY INSTRUMENT DATED JUNE 6, 2003 RECORDED JULY 10, 2003 AS DOCUMENT NUMBER 2003K113116 AND FURTHER DESCRIBED AS: A PART OF THE FOLLOWING TWO DEED TRACTS OF A PART OF SECTIONS 10 AND 11, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:

TOGETHER WITH A PART OF SAID SECTIONS 10 AND 11, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING THE NORTHEASTERLY 25 FEET OF THE FORMER 75 FEET RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY, LYING NORTH OF THE SOUTH LINE OF THE ABOVE TRACT EXTENDED WEST BEING A LINE DRAWN FROM THE PLACE OF BEGINNING AND BEING PARALLEL WITH THE SOUTH LINE OF THE NORTH 1/2 OF SECTION 11, AND SOUTHWESTERLY, SOUTHEASTERLY AND ADJACENT TO THE TRACT AFORESAID, IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.

SAID EASEMENT PARCEL IS DESCRIBED AS FOLLOWS:

PARCEL 3:

PERMANENT NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL 1 AS GRANTED IN THE CROSS EASEMENT AGREEMENT RECORDED DECEMBER 29, 2003 AS DOCUMENT NUMBER 2003K220611, TO INSTALL, MAINTAIN, REPAIR AND REPLACE SANITARY AND STORM SEWER UTILITIES; A TEMPORARY CONSTRUCTION EASEMENT; INGRESS AND EGRESS; AND PARKING OVER AND UPON THE LAND MORE PARTICULARLY DESCRIBED AS EXHIBIT 'C', 'D', 'E', 'F' AND 'H' ATTACHED THERETO.

(commonly known as 890 North State Street)

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

1. Substantial conformance to the Development Application submitted by Chicago SMSA Limited Partnership d/b/a Verizon Wireless, as applicant, and Elgin-State, LLC, as property owner, received June 13, 2019 and supporting documents including:

a. Undated Conditional Use Application & Variation for Chicago SMSA Limited Partnership d/b/a Verizon Wireless for a rooftop telecommunications facility installation located on 890 N State St Elgin, IL 60123, prepared by Chris Barton, received October 11, 2019;

b. Proposed plans for Verizon antennas “Location Number: 395053 Site Name: Elgin Call Center Relo 890 N. State St Elgin, IL 60123”, prepared by Terra Consulting Group, Ltd., dated February 8, 2018, last revised September 27, 2019, with such further revisions as required by the Community Development Director;

c. Undated Exhibit B, Elgin Call Center Relocation photo simulation, received May 30, 2019;

d. Exhibit C, Structural Calculations for Verizon Loc. #395053 Elgin Call Center Relo 890 North State Street Elgin, Illinois, prepared by Hutter Trankina Engineering, dated March 12, 2019, with such further revisions as required by the Community Development Director;

e. Exhibit E, “SBNHH-1D65B” specifications, dated May 28, 2019; and

f. Undated Exhibit F, “Elgin Call Center Relo” maps, received May 30, 2019.

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 sections of the existing roof to be removed shall be replaced with “RF-Permeable” material matching the color of the sample: “11-14-19 VZ19-01534H-35 Elgin Call Center Relo RAL-7020 Corothane Flat No Standing Seam FRP Sample, Sample 1B” from Raycap Stealth;

3. The existing antennas on the roof of the building at 777 Big Timber Road used by Verizon Wireless shall be removed no later than six (6) months after the new antennas at 890 N. State Street have started operation.

4. Compliance with all applicable codes and ordinances.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 22, 2020

Passed: January 22, 2020

Vote: Yeas: 8 Nays: 0 Abstain: 1 Recorded: January 22, 2020 Published: January 24, 2020

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Dixon, to pass Ordinance Nos. G2-20 through G4-20 and adopt Resolution Nos. 20-8 through 20-11 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 20-8 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH WBK ENGINEERING, LLC FOR SUPPLEMENTAL DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2019 RESIDENTIAL RESURFACING CLIFFORD – WING PARK

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

RESOLUTION

AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH WBK ENGINEERING, LLC FOR SUPPLEMENTAL DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2019 RESIDENTIAL RESURFACING CLIFFORD- WING PARK

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 Amendment Agreement No. 2 on behalf of the City of Elgin with WBK Engineering, LLC, for supplemental design engineering services in connection with the 2019 Residential Resurfacing Clifford-Wing Park, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 22, 2020 Adopted: January 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 20-9 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SEVEN HILLS TECHNOLOGY, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH WEB APPLICATION DEVELOPMENT

RESOLUTION

AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SEVEN HILLS TECHNOLOGY, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH WEB APPLICATION DEVELOPMENT

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 Website Development Agreement on behalf of the City of Elgin with Seven Hills Technology, LLC, for professional services in connection with web application development, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 22, 2020 Adopted: January 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis Kimberly Dewis, City Clerk

RESOLUTION 20-10 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES

Resolution No. 20-10

RESOLUTION

AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT 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 Economic Development Services Agreement on behalf of the City of Elgin with the Elgin Area Chamber of Commerce, for economic development services

including small businesses assistance, business retention outreach, foreign trade initiatives and other similar programs, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 22, 2020 Adopted: January 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 20-11 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS

Resolution No. 20-11

RESOLUTION

APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Nicholas Korwin is hereby appointed as a member of the Parks and Recreation Advisory Board, for a term that will expire on May 1, 2022.

BE IT FURTHER RESOLVED that Joey Crist is hereby appointed as a member of the Heritage Commission – Design Review Sub Committee – Elgin Historic District, for a term that will expire on May 1, 2021.

BE IT FURTHER RESOLVED that Jeanine Setiz is hereby reappointed as a member of the Board of Health, for a term that will expire May 1, 2022.

BE IT FURTHER RESOLVED that Nuhemi Morales Salazar is hereby reappointed as a member of the Housing Authority of Elgin, for a term that will expire December 1, 2025.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 22, 2020 Adopted: January 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G2-20 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 Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Ordinance No. G2-20

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 O and P thereof to read as follows:

"O. The number of Class E-3 licenses shall not exceed four (4) in number.

P. The number of Class F licenses shall not exceed ten (10) 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.

ORDINANCE G3-20 PASSED AMENDING TITLE 9 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HEALTH AND SAFETY,” REGARDING FOOD SERVICE ESTABLISHMENTS, FOOD REFRIGERATION AND LOCKER PLANTS, AND AUTOMATIC VENDING MACHINES

Ordinance No. G3-20

AN ORDINANCE

AMENDING TITLE 9 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HEALTH AND SAFETY,” REGARDING FOOD SERVICE ESTABLISHMENTS, FOOD REFRIGERATION AND LOCKER PLANTS, AND AUTOMATIC VENDING MACHINES

WHEREAS, 65 ILCS 5/11-20-2 provides in part that the corporate authorities of each municipality may regulate the sale of all beverages and food for human consumption; and

WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois constitution; and

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

s/ David J. Kaptain David J. Kaptain, Mayor

Presented: January 22, 2020 Passed: January 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2020 Published: January 24, 2020

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

VOLUME LXXXV JANUARY 22, 2020

WHEREAS, regulations relating to the operation of food service establishments within the City of Elgin pertain to the government and affairs of the City of Elgin.

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

Section 1. That Chapter 9.08 of the Elgin Municipal Code, 1976, as amended, entitled “Retail Food Stores and Food Service Establishments,” be and is hereby further amended in its entirety to read as follows:

“Chapter 9.08

FOOD SERVICE ESTABLISHMENTS

9.08.010: LICENSE REQUIRED:

It is unlawful to operate a food service establishment without first having obtained a license therefore, or without full compliance with the provisions of this chapter. A license shall not be transferable from one person or business to another, nor from one establishment to another at another location. A valid license is one that is not suspended, revoked or expired.

9.08.020: ADOPTION OF STATE REGULATIONS:

The current edition of the Illinois Food Code, 77 Ill. Admin. Code 750.100 et seq., as amended, and the Illinois Department of Children and Family Services Licensing Standards for Daycare Centers, 89 Ill. Admin. Code 407 et seq., as amended, are adopted as the regulations governing the sanitation procedures and controls for the storage, preparation and display of food sold within the city with such amendments as are set forth in this chapter.

9.08.030: DEFINITIONS:

As used in this chapter, the following terms shall be defined as indicated in this section, unless the context clearly requires otherwise:

ADULTERATED: Shall have the same definition as defined in section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §342).

AUTHORIZED REPRESENTATIVE: A designated employee of the City of Elgin.

BUILDING: Any structure which is designed, used or intended for the support, enclosure, shelter, or protection of persons, animals, or other property and which is, permanently affixed to the land.

CERTIFIED FOOD PROTECTION MANAGER: Shall have the same definition as defined in section 750.100 of the Illinois Food Code, 77 Ill. Admin Code 750.100.

COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored.

EMBARGO: To detain the sale or place a hold on the service of any food.

ENVIRONMENTAL HEALTH PRACTITIONER: An employee of the City of Elgin credentialed as a licensed environmental health practitioner or licensed environmental health practitioner in training engaged in the carrying out of any activity pursuant to this chapter including but not limited to inspections and investigations.

EXTERMINATION: The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, trapping or by any other recognized and legal method of pest elimination approved by the health coordinator or authorized representative.

FOOD EMPLOYEE OR FOOD WORKER: An individual working with unpackaged food, food equipment, or utensils, or food-contact surfaces. “Food employee” or “food handler” does not include unpaid volunteers in a food establishment, whether permanent or temporary.

FOOD ESTABLISHMENT: An operation that stores, prepares, packages, serves, or vends food directly to the consumer, or otherwise provides food for human consumption, such as a restaurant, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution or food pantry; and relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as a home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

Food Establishment includes:

An element of the operation, such as a transportation vehicle or a central preparation facility, that supplies a vending location or satellite feeding location, unless the vending or feeding location is permitted by the regulatory authority; and

An operation that is conducted in a mobile, stationary, temporary or permanent facility or location. This inclusion applies regardless of whether the consumption is on or off the premises and whether there is a charge for the food.

Food Establishment does not include:

An establishment that offers only prepackaged foods that are not time/temperature controlled for safety;

A produce stand that only offers whole, uncut fruits and vegetables;

A food processing plant, including those that are located on the premises of a food establishment;

A kitchen in a private home, such as a family daycare provider or a bed and breakfast operation as defined in the Bed and Breakfast Act that prepares and offers food to guests;

A private home that receives catered or home delivered food for a closed family function where food is prepared or served for individual family consumption; or

A cottage food operation.

GARBAGE: Organic waste resulting from the preparation, processing, handling and storage of food and all decayed or spoiled food from any source whatsoever.

HEALTH COORDINATOR: The Neighborhood Services Director of the city or his or her designee.

HEALTH DEPARTMENT: The City of Elgin Public Health Division.

HEARING COMMITTEE: The Board of Health of the City of Elgin.

HIGHLY SUSCEPTIBLE POPULATION: Persons who are more likely than other people in the general population to experience food-borne disease because they:

A. Are immunocompromised, preschool age children or older adults; and

B. Obtain food at a facility that provides services such as custodial care, health care, or assisted living (such as a child or adult day care center, kidney dialysis center, hospital or nursing home), or nutritional or socialization services (such as a senior center).

MISBRANDED: The presence of any written, printed or graphic matter, upon or accompanying containers of food, which is false or misleading, or which violates an applicable state or local labeling requirement.

MOBILE FOOD UNIT: A vehicle mounted mobile food service establishment designed and operated as readily movable (e.g., a mobile truck moving from location to location continuously). The unit shall return daily to a commissary for supplies, cleaning and for all servicing operations. The unit shall not have permanent potable water, wastewater, or electric connections.

NON-MOBILE FOOD UNIT: A vehicle mounted mobile food service establishment designed to be stationary in a fixed location throughout the day (e.g., a trailer, etc.). The unit shall be removed from the fixed location daily to a commissary for supplies, cleaning and for all servicing operations. The unit shall be provided with permanent potable water, wastewater and electric connections at the fixed location to ensure no interruption in operation (e.g., potable water tank empty, wastewater tank full, generator malfunction, etc.).

OCCUPANT: Any individual living or sleeping in a building, or having possession of space within a building.

OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERMIT: A written authorization issued by the health department or its authorized representative.

PERSON IN CHARGE: The individual present at a food establishment who is responsible for the operation at the time of inspection.

PRE-HEARING CONFERENCE: An informal conference between an authorized representative of the health department and the party affected by a notice pursuant to this chapter, conducted by the health coordinator or authorized representative.

PRE-PACKAGED: Bottled, canned, cartoned, or securely wrapped. The term “pre-packaged” does not include a wrapper, carry-out box, or other non-durable container used to containerize food for the purpose of facilitating food protection during service and receipt of the food by the consumer.

PROPERTY OWNER: The person in whose name legal title to the real estate is recorded including beneficiaries and/or trustees of a land trust.

PUSHCART: A cart that is limited to precooked hot dogs, unshucked cooked corn, whole fresh fruit, canned beverages, condiments, and prepackaged non-time/temperature control for safety food. The unit shall return daily to a commissary for supplies, cleaning and for all servicing operations. The unit shall not have permanent potable water, wastewater, or electric connections.

READY TO EAT FOOD: Shall have the same definition as defined in the United States Public Health Service 2017 Food and Drug Administration Food Code, as amended.

REVOCATION: To permanently remove a permit to operate a food service establishment or temporary food establishment.

RODENTS: An animal of the order Rodentia, including, but not limited to, mice, rats, squirrels, chipmunks, porcupines, beavers, prairie dogs, and groundhogs.

SEASONAL TEMPORARY FOOD SERVICE: Seasonal temporary events that include multiple temporary events within the city.

SHARED KITCHEN: Any food establishment that has more than one vendor preparing food in that establishment.

SHARED KITCHEN VENDOR: Any individual operator or entity, who is not the owner of the kitchen preparing foods in shared kitchen. This does not include the individual using the food establishment as a commissary.

SUSPENSION: To temporarily remove a permit to operate a food establishment or temporary food establishment.

TEMPORARY FOOD ESTABLISHMENT: A food establishment that operates at a fixed location for a period of time not to exceed fourteen (14) consecutive days in conjunction with a single event or celebration.

TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (Formerly “Potentially Hazardous Food”): Shall have the same definition as in the United States Public Health Service 2017 Food and Drug Administration Food Code, as amended.

VENDING LOCATION: The room, enclosure, space or area where one or more vending machines are installed and operated, and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.

VERMIN: Roaches, bedbugs, fleas, lice, termites or similar pest-like insects.

Other definitions as stated in rules and regulations that are referenced in this chapter shall apply.

9.08.040: PERMITS; FEES:

A. Permits: It shall be unlawful for any person to operate a food establishment or temporary food establishment within the city who does not possess a valid permit issued to him by the health coordinator or authorized representative. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit.

Permits shall not be transferable from one person to another person nor shall said permit be applicable to any locations, buildings, or places other than that for which it is issued. Each facility shall have a valid permit. A valid permit shall be posted in every food establishment so as to be clearly visible to all customers. A valid permit is one that is not suspended, revoked or expired.

B. Term: A permit for a food establishment shall expire December 31 of each year unless sooner suspended or revoked. A permit for a temporary food establishment shall be issued for a period of time not to exceed fourteen (14) days.

C. Fees:

1. Schedule of Fees: The fee schedule for this section is on file in the office of the city clerk.

2. Definition of Categories:

Category I-1 Facility: Category I facility means a large food establishment that presents a high relative risk of causing food-borne illness based on the large number of food handling operations typically implicated in food-borne outbreaks and/or the type of population served by the facility. Category I-1 facilities include those where the following operations occur:

Time/temperature control for safety foods are cooled, as part of the food handling operation at the facility;

Time/temperature control for safety foods are prepared hot or cold and held hot or cold for more than 12 hours before serving;

Time/temperature control for safety cooked and cooled foods must be reheated;

Time/temperature control for safety foods are prepared for off-premises serving for which time-temperature requirements during transportation, holding and service are relevant;

Complex preparation of foods or extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility;

Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or,

Immunocompromised individuals such as the elderly, young children under age four (4) and pregnant women are served, where these individuals compose the majority of the consuming population.

Examples of category I-1 facilities would include but are not limited to, large (greater than 15,000 square feet) multi-department retail grocery stores which may include delicatessen, bakery, meat/seafood, produce and food service.

Category I-2 Facility: Category I-2 facility means a food establishment that presents a high relative risk of causing food-borne illness based on the large number of food handling operations typically implicated in food-borne outbreaks and/or the type of population served by the facility. Category I-2 facilities include those where the following operations occur:

Time/temperature control for safety foods are cooled, as part of the food handling operation at the facility;

Time/temperature control for safety foods are prepared hot or cold and held hot or cold for more than 12 hours before serving;

Time/temperature control for safety cooked and cooled foods must be reheated;

Time/temperature control for safety foods are prepared for off-premises serving for which time-temperature requirements during transportation, holding and service are relevant;

Complex preparation of foods or extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility;

Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or,

Immunocompromised individuals such as the elderly, young children under age four (4) and pregnant women are served, where these individuals compose the majority of the consuming population.

Examples of category I-2 facilities would include but are not limited to, full menu restaurants, caterers, hospitals, small (less than 15,000 square feet) grocery stores, daycares/preschools providing a full service meal.

Category II Facility: Category II facility means a food establishment that presents a medium relative risk of causing food-borne illness based upon few food handling operations typically implicated in food-borne illness outbreaks. Category II facilities include those where the following operations occur:

Hot or cold foods are held at required temperatures for no more than 12 hours and are restricted to same day services;

Foods are prepared from raw ingredients using only minimal assembly; or,

Foods that require complex preparation (whether canned, frozen or fresh prepared) are obtained from approved food processing plants, high risk food service establishments or retail food stores.

Examples of category II facilities would include but are not limited to, fast food restaurants and daycares/preschools that provide time/temperature control for safety prepackaged or catered food that must be kept hot or cold.

Category III Facility: Category III facility means a food establishment that presents a low relative risk of causing food-borne illness based upon few or no food handling operations typically implicated in food-borne illness outbreaks. Category III facilities include those where the following operations occur:

Only pre-packaged foods are available or served in the facility, and any time/temperature control for safety foods available are commercially pre-packaged in an approved processing plant;

Only limited preparation of non-time/temperature control for safety foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or,

Only beverages (alcoholic and non-alcoholic) are served at the facility.

Examples of category III facilities would include but are not limited to, retail outlets selling only prepackaged foods, movie theaters with popcorn and soda, bars that do not prepare time/temperature control for safety food and daycares/preschools that serve limited time/temperature control for safety foods such as milk or snacks.

Mobile Food Units, Nonmobile Food Units and Pushcarts: Mobile food units, nonmobile food units, and pushcarts within the city shall be charged a fee according to the current environmental health fee schedule. Permits expire on December 31 of each year unless sooner suspended or revoked.

Temporary Food Establishments: Temporary food service establishments that operates at a fixed location for a period of time not to exceed fourteen (14) days per single event or celebration shall be charged a fee according to the current environmental health fee schedule. There will be a late fee according to the current environmental health fee schedule for any application received within seven (7) days of an event or celebration.

a. Seasonal Temporary Events: Seasonal temporary events will include multiple temporary events within the city. Permits expire on December 31 of each year unless sooner suspended or revoked.

3. Proration of Fees: Permit fees will be nonrefundable and prorated on a semiannual basis for newly opened establishments and/or establishments with a change of ownership. To obtain a valid permit, the new owner must reapply and complete the permit application process. Establishments opening or changing ownership prior to July 1 will pay one hundred percent (100%) of the appropriate annual fee. Establishments opening or changing ownership July 1 or after will pay fifty percent (50%) of the annual fee for the remainder of the calendar year. Establishments opening or changing ownership October 1 or after will pay twenty-five percent (25%) of the annual fee for the remainder of the calendar year.

4. Late Payment Penalty: All permit fees for the annual renewal of permits are due by December 31 of the previous year. The permitted year is the calendar year, January 1 through December 31. Failure to submit the total fee required by December 31 will result

in expiration of the permit and cessation of food establishment operations due to lack of a valid permit. Establishments failing to submit the required fee by December 31 shall be assessed a late payment penalty fee of twenty five percent (25%) of the required fee in addition to the appropriate permit fee. Establishments failing to submit the required fee by January 31 shall be assessed a late payment penalty fee of fifty percent (50%) of the required fee in addition to the appropriate permit fee.

D. Issuance: Any person desiring to operate a food establishment or temporary food service, or person desiring to renew an expired permit shall make written application for a permit on forms provided by the health coordinator or authorized representative. Effective January 1, 2011, food establishments shall provide a dedicated fax number/machine that is available 24 hours per day, and/or an e-mail account to receive emergent food safety information related to but not inclusive of food recalls. Establishments failing to provide the fax number/machine and/or e-mail account shall have the food establishment license suspended until compliance is verified. An application for a permit shall include: the applicant's full name, post office address, state sales tax identification number, and whether such applicant is an individual, firm, corporation or partnership; the names and type of proposed food establishment; and the signature of the applicant or applicants. The information provided on the application shall be current at all times. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation. Upon receipt of such an application for a new establishment, the health coordinator or authorized representative shall make an inspection of the food establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the health coordinator or authorized representative.

E. Exemptions:

1. Persons operating establishments which have only prepackaged nonperishable and/or non- time/temperature control food and whose principal order of business is not to sell food for human consumption shall be exempt from the provisions of this chapter.

2. Roadside stands operated for the sale of unprocessed agricultural products produced and offered for sale shall be exempt from the provisions of this chapter.

3. Temporary food services selling prepackaged nonperishable and/or non-time/temperature control food shall be exempt from the provisions of this chapter.

9.08.050: UNWHOLESOME FOOD; UNSANITARY CONDITIONS:

No food establishment licensee shall offer for sale, or keep for the purpose of selling or offering for sale, any food of any kind intended for human consumption which is unwholesome and unfit for human consumption for any reason, or violate any rule or regulation provided in the food code as adopted in section 9.08.020 of this chapter.

9.08.060: EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR ADULTERATED FOOD OR DRINK:

A. Food may be examined or sampled by the health coordinator or authorized representative as may be necessary to determine freedom from adulteration or misbranding. The health coordinator or authorized representative may, upon written notice to the owner or person in charge, embargo any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under an embargo, food shall be permitted to be suitably stored. It shall be unlawful for any person to move or alter an embargo notice or tag placed on food by the health coordinator or authorized representative. Neither such food nor the containers therefore shall be relabeled, repackaged or reprocessed, altered, disposed of or destroyed without permission of the health coordinator or authorized representative, except on an order by a court of competent jurisdiction.

B. After the owner or person in charge has had a prehearing conference as provided in section 9.08.160 this chapter, and on the basis of evidence produced at such prehearing conference, or on the basis of an examination in the event a written request for a prehearing conference is not received within ten (10) days, the health coordinator or authorized representative may vacate the embargo or may, by written order direct the owner or person in charge of food which was placed under the embargo, to denature or destroy such food or bring it into compliance with the provisions of this chapter.

C. Where equipment used in the preparation of food products is found to be in a state of disrepair, unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and an embargo placed on said items by the health coordinator or authorized representative. Such equipment may not be put back into service until written permission is obtained from the health coordinator or authorized representative. It shall be unlawful for any person to move or alter an embargo, notice or tag placed on equipment by the health coordinator or authorized representative. Such equipment will not be altered, disposed of or destroyed without permission of the health coordinator or authorized representative except on an order by a court of competent jurisdiction.

D. After the owner or person in charge has had a prehearing conference as provided in section 9.08.160 of this chapter, and on the basis of the evidence produced at such prehearing conference, or on the basis of an examination in the event a written request for a hearing is not received within ten (10) days, the health coordinator or authorized representative may vacate the embargo or may by written notice direct the owner or person in charge of the equipment to bring it into compliance with the provisions of this chapter. Such orders shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.

9.08.070: INSPECTION OF FOOD STORES:

A. Frequency: The health coordinator or authorized representative or authorized representative shall inspect each food establishment within the city as follows:

Category I-1 Category I-2 Category II Category III

2-3 times annually 2-3 times annually 1-2 times annually 1 time annually

The following activities may be used in place of one annual inspection of a category I facility:

1. A certified food protection manager is present at the facility at all times food is being prepared.

2. A hazard analysis critical control point (HACCP) inspection/menu review.

3. Facility employees attend an in-service training or educational conference on food sanitation.

The health coordinator or authorized representative shall make as many additional inspections and reinspections as are necessary for the enforcement of this chapter.

B. Right of Entry: The health coordinator or authorized representative, after proper identification, shall be permitted to enter, during normal business hours, any food establishment or temporary food service in the city for the purpose of making inspections, and to determine compliance with this chapter. The health coordinator or authorized representative shall be permitted to examine the records of the food establishment or temporary food service to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed. Failure to permit access after proper identification shall be grounds for immediate suspension or revocation of the permit. After such suspension or revocation, the permit holder may submit, in writing, a request for reinstatement of the permit.

C. Consent to Inspection: The receipt of any permit or license issued by the health department pursuant to this chapter to any person, firm, or corporation shall constitute the agreement of such person, firm, or corporation to such investigations or inspections.

D. Reports: Whenever an inspection of a food establishment or temporary food service is made, the findings shall be recorded on an inspection report. One copy of the inspection report form shall be furnished to the person in charge of the food establishment or temporary food service.

9.08.080: NOTICES:

A. Issuance: Whenever a health coordinator or authorized representative makes an inspection and discovers that any of the requirements of this chapter have been violated, he may notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such written notice, the health coordinator or authorized representative shall:

1. Set forth the specific violations found;

2. Establish a specific and reasonable period of time for the correction of the violations found in accordance with current food safety code;

3. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit, and/or the possibility of further legal action;

4. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a prehearing conference is filed with the health coordinator or authorized representative within the period of time established in the notice of correction.

B. Service: Notices provided for under this section shall be deemed properly served when a copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by certified mail, return receipt requested, to the last known address of the permit holder. Copy of such notice shall be filed with the records of the health coordinator or authorized representative.

9.08.085: VARIANCES

A. Whenever approval as required by this chapter is denied by the health coordinator or authorized representative, or where compliance with the requirements of this chapter is impossible or impractical, an applicant may request a variance as follows:

1. Variance

a. Written Requests: Variance requests shall be in writing and shall detail those conditions where compliance is impossible or impractical due to cost, physical environment, or other factors.

b. Supporting Data: Variance requests shall include all pertinent data and information, as stipulated in applicable code(s), to support the requested waiver of the requirements of this chapter as being consistent with the responsibility of the health coordinator or authorized representative to protect and provide for the health, safety, and general welfare of the people of the city and of other affected communities.

c. Review Process: The health coordinator or authorized representative shall review variance requests and shall approve or deny the request within fifteen (15) business days of receipt of variance request provided all conditions of this chapter are met including payment of fee and submission of supporting data.

d. Notification: The health coordinator or authorized representative shall send notification in writing to the person requesting a variance of the approval or denial of the request and shall state the reasons for that decision within fifteen (15) business days.

e. Separate Request: Each non-food item submitted for a variance shall be considered a separate variance request and a separate fee shall apply.

f. Fees: Fees for variance requests shall be in accordance with the then-current fee schedule adopted by the city, and shall be paid at the time of submission.

2. Variances to the Illinois Food Code regarding Special Processes:

a. Written Requests: Variance requests shall be in writing and shall detail those conditions where compliance is impossible or impractical.

b. Supporting Data: Variance requests shall include pertinent data, as stipulated in applicable code(s), to support the requested waiver of the requirements of this chapter as being consistent with the responsibility of the health coordinator or authorized representative to protect and provide for the health, safety, and general welfare of the people of the City of Elgin.

c. Review Process: The health coordinator or authorized representative shall review variance requests and shall approve or deny the request within twenty (20) business days of receipt of variance request provided all conditions of this chapter are met including payment of fee and submission of supporting data.

d. Notification: The health coordinator or authorized representative shall notify in writing the person requesting a variance of the approval or denial of the request and shall state the reasons for that decision.

e. Each food item submitted for a variance shall be considered a separate variance request and a separate fee shall apply.

f. Fees: Fees for variance requests shall be in accordance with the then-current fee schedule adopted by the city, and shall be paid at the time of submission.

9.08.090: CORRECTION OF VIOLATIONS:

A. The completed inspection report form shall specify a reasonable period of time for the correction of the violations found. The correction of the violations shall be accomplished within the period specified in accordance with the current food code. The inspection report shall state that failure to comply with any time limits for corrections may result in immediate suspension of all food service operations. An opportunity for a conference on the inspection findings or the time limitation or both will be provided if a written request is filed with the health coordinator or authorized representative within five (5) days following suspension of operations. If a request for a prehearing conference is received, the prehearing conference shall be held within thirty (30) days of receipt of the request.

B. When more than one (1) follow-up inspection of a food service facility is necessary to ensure compliance with a previous inspection, a fee per sanitarian per hour will be assessed pursuant to the current environmental health fee schedule.

C. Whenever a food establishment or temporary food service is required under provisions of subsection 9.08.090.A to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time period.

9.08.100: RENEWAL OF LICENSE:

Renewal: Upon receipt of an application to renew an annual permit, the health coordinator or authorized representative shall review the food establishment record to determine compliance with the provisions of this chapter. Whenever the review process for renewal of permit reveals serious repeat violations of this chapter, defined as violations of three (3) or more priority foundation items and/or priority items, the permit will not be issued and the health coordinator or authorized representative shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. Such notice shall also state that an opportunity for a hearing shall be provided for the applicant, if requested, at a time and place designated by the health coordinator or authorized representative. Such hearing shall be scheduled as soon as possible, but no later than five (5) days from the date of notice. The notice referred to in this subsection shall be delivered to the applicant in person by the health coordinator or authorized representative or may be sent by certified mail, return receipt requested. A permit which has expired shall be removed from the food establishment by the health coordinator or authorized representative.

9.08.110: SUSPENSION OF LICENSE:

Suspension of license for failure of the license holder to comply with the requirements of this chapter is as follows:

A. Suspension: Permits may be suspended by the health coordinator or authorized representative for failure of the permit holder to comply with the requirements of this chapter. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of section 9.08.170 of this chapter, the permit holder or operator shall be notified, in writing, that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health coordinator or authorized representative by the permit holder within five (5) days from receipt of the notice. Upon suspension of the permit, the permit shall be removed from the food establishment by the health coordinator or authorized representative. Notwithstanding the other provisions of this chapter, whenever the health coordinator or authorized representative finds unsanitary or other conditions in the operation of a food establishment which in his judgment constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator, citing such conditions, specifying the corrective action to be taken and specifying the time period within which such action shall be taken; and if deemed necessary, such order shall state that the permit is immediately suspended, and all operations as a food establishment are to be immediately discontinued. Any person to whom

such an order is issued shall comply immediately therewith, but upon written petition to the health coordinator or authorized representative, shall be afforded a hearing as soon as possible but no later than five (5) days of written request.

B. Causes:

1. Lack of substantial progress on follow-up inspections;

2. Violation of five (5) or more priority foundation and/or priority items.

9.08.120: IMMEDIATE SUSPENSION OF LICENSE:

Immediate suspension of license “for substantial hazard to the public health” is as follows:

A. The procedure for the immediate suspension of a license shall be as set forth in section 9.08.110 of this chapter.

B. Causes:

1. Utility interruptions;

2. Severe unsanitary conditions;

3. Foodborne illness outbreak traced to establishment as ongoing;

4. Employee with communicable disease;

5. Improper use of insecticide that may result in the contamination of food, or that may result in harm to the establishment’s employees or the public.

9.08.130: REVOCATION OF LICENSE:

Revocation of license “for serious or repeated critical violations of any provisions of this ordinance, or for interference with the health coordinator in the performance of his duties” is as follows:

A. Revocation:

1. For serious or repeated violations of any of the requirements of this chapter, or for interference with the health coordinator or authorized representative in the performance of his duties, a permit may be revoked after an opportunity for a hearing has been provided by the health coordinator or authorized representative. Prior to such action, the health coordinator or authorized representative shall notify a permit holder, in writing, stating the reasons for which the permit is subject to revocation, and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice unless a request for a hearing is filed with the health coordinator or authorized representative by the permit holder within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

2. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit in accordance with this section.

B. Causes:

1. Serious or repeated priority foundation and/or priority violations of any of the requirements of this chapter;

2. Repeatedly not permitting access to the facility for an inspection when it is open to the public;

3. Blatantly or subtly threatening bodily harm to the health coordinator or authorized representative;

4. Two (2) or more suspension notices or nonrenewal notices within past two (2) years.

9.08.140: CESSATION OF OPERATIONS:

Permits for all food establishments shall be automatically suspended should the holder or operator cease operation of the food establishment for thirty (30) consecutive days or longer, irrespective of whether such cessation of operations shall be due to the seasonal nature of such food establishments, or any other reason. Said permit shall be reinstated upon application to the health coordinator or authorized representative for re-inspection of the food establishment if the establishment is in compliance with the applicable requirements of this chapter.

9.08.150: REINSTATEMENT:

Any person whose permit has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the permit. As soon as possible, but no later than five (5) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health coordinator or authorized representative shall make a reinspection. If the applicant is compliant with the requirements of this chapter, the permit shall be reinstated.

9.08.160: HEARINGS AND CONFERENCES:

A. Prehearing Conferences Before The Health Coordinator: Any person affected by any order or notice issued by the health department in connection with the enforcement of any section of this chapter, may file in the office of the health department a written request for a prehearing conference before the health coordinator or authorized representative. Unless stated elsewhere in this chapter, the health coordinator or authorized representative shall hold a prehearing conference at a time and place designated by him as soon as possible but no later than five (5) days from the date of which the written request was filed. The petitioner for the prehearing conference shall be notified of the time and place of the prehearing conference not less than five (5) days prior to the date on which the prehearing conference is to be held. The prehearing conference shall be an informal proceeding and there shall be no testimony by witnesses. If, as a result of the prehearing conference, the health coordinator or authorized representative finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the health coordinator or authorized representative may modify or withdraw the order or notice and as a condition for such action may, where he deems it necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health. The health coordinator or authorized representative shall render a decision within ten (10) days after the date of the prehearing conference which shall be reduced to writing and placed on file in the office of the health department as a matter of public record. Any person aggrieved by the decision of the health coordinator or authorized representative may seek relief therefrom through a hearing before the hearing committee.

B. Hearings Before Hearing Committee: Any person aggrieved by the decision of the health coordinator or authorized representative rendered as the result of a prehearing conference held in accordance with this section, may file in the office of the health department a written request for a hearing at a time and place designated by the secretary of the hearing committee as soon as possible but no later than five (5) days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is held. If as a result of facts elicited as a result of the hearing, the hearing committee finds that strict compliance with the decision of the health coordinator or authorized representative would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the health coordinator or authorized representative, the hearing committee may grant a variance and as a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this chapter. The hearing committee shall render a decision within five (5) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the health coordinator or authorized representative and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail. A certified transcript of the record shall be provided at the expense of the person requesting the hearing. All witnesses called shall be required to testify under sworn oath. An appeal from a decision of the hearing committee may be made to the circuit court of Kane County, pursuant to the provisions of the Illinois Administrative Review Law in force and effect at that time in the State.

9.08.170: ENFORCEMENT:

A. The health coordinator or authorized representative may issue a complaint against the owners and occupant of said property or the person responsible for causing the violation charging a violation of any section or subsection of this chapter.

B. The health coordinator or authorized representative upon observing any violation of this chapter may issue a notice of violation directed to the recorder of deeds of the county, or to the occupant of said property, or both, which said notice shall describe the violation and shall establish a reasonable time limit for the abatement thereof by such owner or occupant, which time shall not be less than ten (10) business days after service of such notice. An authorized representative shall serve the notice herein provided for upon the owner, occupant, tenant or agent of the property where such violation exists, or upon both of them, and shall make upon his or her return a copy of such notice, showing the time of service the person upon whom it was served, or the manner in which it was served.

1. Immediately upon the termination of the time allowed in any such notice for the abatement of such violation, a health coordinator or authorized representative shall investigate to determine whether or not such violation has been abated.

2. In the event the owner or occupant of the property upon which such violation exists has failed within the prescribed time to abate such violation, then the health coordinator or authorized representative shall file a complaint pursuant to the processes and methods prescribed by Chapter 1.25 of the Elgin Municipal Code entitled Administrative Adjudication of Nonvehicular Code Violations, or with the Kane County Circuit Court.

9.08.180: EXISTING FOOD ESTABLISHMENTS:

No existing food establishment shall operate within the city unless it conforms with the requirements of this chapter; provided, that equipment and facilities, installed in a food establishment prior to the effective date of this chapter, which do not fully meet all of the design and construction requirements of this chapter, shall be deemed acceptable in that establishment if they are in good repair, capable of being maintained in a sanitary condition, and the food contact surfaces are nontoxic.

9.08.190: NEW FOOD ESTABLISHMENTS:

A. Schedule of Fees: The fee schedule for this section is on file in the office of the city clerk.

B. General: Whenever a food establishmentis here after constructed or remodeled or whenever an existing structure is converted to use as a food establishment, an application for permit is required including properly prepared plans and specifications for such construction, remodeling or conversion which shall be submitted to the health coordinator or authorized representative for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas; and the type and model of proposed fixed equipment and facilities. The health coordinator or authorized agent shall approve the plans and specifications if they meet the requirements of this chapter. No food establishment shall be constructed, remodeled or converted except in accordance with plans and specifications approved by the health coordinator or authorized representative. Construction, remodeling and/or conversion activities shall not begin until the plans and specifications have been approved by the health coordinator or authorized representative.

C. When the health coordinator or authorized representative issues an approval letter, the construction documents shall be approved, by stamp, as “Reviewed for Code Compliance.” One set of the construction documents so reviewed shall be retained by the health department. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the health coordinator or authorized representative.

D. Pre-opening Inspections: Whenever plans and specifications are required by subsection B of this section to be submitted to the health coordinator or authorized representative, the health coordinator or authorized representative shall inspect the food establishment prior to the beginning or resumption of operations, to determine compliance with the approved plans and specifications and with the requirements of this chapter.

9.08.200 FOOD FROM ESTABLISHMENTS IN OTHER JURISDICTIONS:

Food from food establishments outside the jurisdiction of the city health department may be sold within the city if such food establishment conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health coordinator may accept reports from the responsible authority in other jurisdictions where such food stores or food service establishments are located.

9.08.210: RESTAURANT HOURS OF OPERATION LIMITATIONS:

No person shall operate or keep open to the public any restaurant located adjacent to any residentially zoned property in the city, or separated from any residentially zoned property in the city only by a public right of way, between the hours of twelve o'clock (12:00) midnight until five thirty o'clock (5:30) A.M. Mondays through Saturdays, and between the hours of one o'clock (1:00) A.M. until five thirty o'clock (5:30) A.M. on Sundays. For the purposes of this section “restaurant” shall be defined to mean an establishment in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises but shall not include establishments where incidental prepared food and beverages is accessory to a bakery, convenience store, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools, or other similar principal uses. For the purposes of this section restaurant operations shall not include restaurants which are providing off site deliveries only or service limited to a drive-through window. For the purposes of this section residentially zoned properties shall not include properties located in the CC1 center city district or the CC2 center city district.

9.08.220: VIOLATIONS AND PENALTIES:

A. Any person found to have violated any provision of this chapter shall be subject to a minimum fine of fifty dollars ($50.00) per day per violation to a maximum of seven hundred fifty dollars ($750.00) per day per violation, in addition to any other legal or equitable remedies available to the city.

B. A separate and distinct offense shall be committed each day on which such person or persons shall violate the provisions of this chapter.

C. Thecitymayenforcethischapterinitsadministrativeadjudicationsystemorthroughfilingan appropriate action in the circuit court for the sixteenth judicial circuit, Kane County, Illinois, or the circuit court of Cook County, Illinois.”

Section 2. That Chapter 9.11 of the Elgin Municipal Code, 1976, as amended, entitled “Food Refrigeration and Locker Plants” be and is hereby repealed in its entirety.

Section 3. That Chapter 9.14 of the Elgin Municipal Code, 1976, as amended, entitled “Automatic Food Vending Machines” be and is hereby repealed in its entirety.

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.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 22, 2020 Passed: January 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2020 Published: January 24, 2020

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G4-20 PASSED AMENDING ORDINANCE NO. G22-07 WHICH AMENDED ORDINANCE NO. G65-00 CLASSIFYING PROPERTY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (250 AIRPORT ROAD)

2020 Ordinance No. G4-20

AN ORDINANCE

AMENDING ORDINANCE NO. G22-07 WHICH AMENDED ORDINANCE NO. G65-00 CLASSIFYING PROPERTY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT

(250 Airport Road)

WHEREAS, the territory herein described has been classified PGI Planed General Industrial District and is subject to the requirements of Ordinance No. G22-07; and

WHEREAS, written application has been made to amend PGI Planned General Industrial District Ordinance G22-07 to allow three monument graphics on the property commonly known as 250 Airport Road; and

WHEREAS, the zoning lot containing the property commonly referred to as 250 Airport Road is legally described within Ordinance No. G22-07 (and hereinafter referred to as the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 2, 2019 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 PGI Planned General Industrial 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 December 2, 2019, 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 4. K. of Ordinance No. G22-07, is hereby amended to include the following additional conditions:

2. Substantial conformance to the Development Application submitted by Northern Builders Inc., as applicant, and CF Otter ORD LLC, as property owner, received October 21, 2019, and supporting documents including:

a. Statement of Purpose and Conformance, prepared by Northern Builders Inc., dated October 18, 2019;

b. Plat of Survey, prepared by Spaceco Inc., dated May 2, 2019;

c. Geometric Plan Sheet 4 of 16, prepared by Spaceco Inc., dated May 3, 2019, last revised November 14, 2019, with such further revisions as required by the Community Development Director;

d. Grading Plan – 1 Sheet 5 of 16, prepared by Spaceco Inc., dated May 3, 2019, last revised November 13, 2019, with such further revisions as required by the Community Development Director;

e. Grading Plan – 2 Sheet 6 of 16, prepared by Spaceco Inc., dated May 3, 2019, last revised October 4, 2019, with such further revisions as required by the Community Development Director;

f. Utility Plan Sheet 7 of 16, prepared by Spaceco Inc., dated May 3, 2019, last revised October 4, 2019, with such further revisions as required by the Community Development Director;

g. Landscape Plans Sheets L-1.0 and L-2.0, prepared by Dowden Landscape Design, dated April 26, 2019, last revised October 18, 2019, with such further revisions as required by the Community Development Director;

h. Undated monument sign landscape area exhibits, prepared by Northern Builders, Inc., received November 21, 2019, with such further revisions as required by the Community Development Director;

i. Site Signage Plan Sheet A7.1A, prepared by Cesco Inc., dated May 13, 2019, last revised November 18, 2019, with such further revisions as required by the Community Development Director; and

j. Three page sign plans for “Northern Amazon DCH7 250 Airport Rd Elgin, IL, prepared by Parvin-Clauss Sign Company, dated September 26, 2019, last revised October 18, 2019, with such further revisions as required by the Community Development Director.

3. A departure is hereby granted to permit the construction of three monument graphics on the property commonly known as 250 Airport Road with one primary graphic being 10 feet high and 130 square feet in sign surface area, and two secondary graphics each seven feet high and 46.6 square feet in sign surface area in substantial compliance to the following:

a. Site Signage Plan Sheet A7.1A, prepared by Cesco Inc., dated May 13, 2019, last revised November 18, 2019, with such further revisions as required by the Community Development Director; and

b. Three page sign plans for “Northern Amazon DCH7 250 Airport Rd Elgin, IL, prepared by Parvin-Clauss Sign Company, dated September 26, 2019, last revised October 18, 2019, with such further revisions as required by the Community Development Director.

4. Compliance with all applicable codes and ordinances.

Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G22-07. In the event of any conflict between this ordinance and Ordinance No. G22-07, this ordinance and associated documents shall control and prevail.

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

Presented: January 22, 2020 Passed: January 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2020 Published: January 24, 2020

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

s/ David J. Kaptain

David J. Kaptain, Mayor

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

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

Cultural Arts Commission, October 14 and December 9, 2019

Emergency Telephone System Board, October 17 and December 19, 2019 Heritage Commission, November 5, 2019

Human Relations Commission, November 5, 2019

Committee of the Whole, December 18, 2019 City Council Minutes, December 18, 2019 Riverboat Revenue

Disbursement Report

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

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

The meeting adjourned at 8:03 p.m.

https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/6797

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