City of Elgin City Council Met May 12.
Here is the minutes provided by the council:
The regular meeting of the Council of the City of Elgin, Illinois, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 6:00 p.m. The Pledge of Allegiance was led by Councilmembers Terry Gavin and Baldemar Lopez.
TERRY GAVIN PROCLAMATION
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, as a first generation American of Polish descent, Councilman Terry Gavin has lived in Elgin with his wife Rose since 1991; and
WHEREAS, Councilman Gavin has dedicated years of service to the Elgin community, first elected to the city council from 1995 to 1999 and then again from 2015 to 2021; and
WHEREAS, Councilman Gavin has served the community in many other leadership roles including chair of the State Street Task Force and a Blue Ribbon Task Force on Education and co-chair of the Elgin Gang and Drug Task Force and the Channing YMCA Task Force, all during this first term; and
WHEREAS, Councilman Gavin has served on the Elgin Development Group’s Workforce Development Committee for eight years, working with community partners, state and local governmental bodies and Elgin’s largest employers to influence curriculum in Elgin school districts and Elgin Community College to develop and support needed skills and workforce training; and
WHEREAS, Councilman Gavin served on the Hanover Township Mental Health Board and also volunteered as a Medicare adviser at the Hanover Township Senior Center; and
WHEREAS, Councilman Gavin has also been a member of several civic and social organizations over the years, including the Elgin Association of Investment & Financial Advisors where he was awarded the title of Fellow of the Life Underwriter Training Council, the Elgin Rifle Club and the Elgin Masonic Lodge #117 for almost 20 years; and
WHEREAS, Due to health reasons, Councilman Gavin made the difficult decision not to seek reelection but will continue his service to the Elgin community in other capacities; and
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby extend the sincere appreciation and honor to Councilman Terry Gavin for his longstanding and extensive commitment to the citizens of Elgin and celebrate his many contributions and achievements throughout his years of service.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May, 2021.
David J. Kaptain
Mayor
Councilmember Gavin thanked his supporters and commented on his time serving on the city council.
BALDEMAR LOPEZ PROCLAMATION
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Councilman Baldemar Lopez was born and raised in Elgin and attended U 46 schools and is married to his wife Violetta and has two daughters and a Chihuahua named Coco; and
WHEREAS, Councilman Lopez graduated from Elgin Community College with an Associate’s Degree where he served as a Student Trustee, he received his Bachelor of Arts degree from the University of Illinois (Chicago), a law degree from the University of Denver Law School and a Certificate of Entrepreneurship from City Colleges of Chicago; and
WHEREAS, Councilman Baldemar practices immigration and employment law and is a partner in the firm of Lopez & Sanchez, he has a decade of government experience stretching from his early career at the Mexican American Legal Defense and Educational Fund to his tenure in Governor Pat Quinn’s office on the legislative affairs team as Assistant Chief of Staff and Legislative Counsel; and
WHEREAS, Councilman Lopez is a member of the Vista Health Clinic Advisory Board, Member of the Farmworker Landscaper Advocacy Project Board and a Member of the House of Restoration Community Outreach Advisory Board; and
WHEREAS, Councilman Lopez was elected for a two year term and has served from 2019 to 2021 where his main focus was advocating for working families, the needs of public safety and attracting more businesses to enhance the commercial tax base and made the difficult decision to not run for another term, but will continue to serve the community in other capacities.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby extend the sincere and warm appreciation and esteem to Councilman Baldemar Lopez for his commitment to the City of Elgin and celebrate his achievements and years of service to the citizens of Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of April, 2021.
David J. Kaptain
Mayor
Councilmember Lopez thanked his supporters and commented on his time serving on the city council.
PROCLAMATION OF THE RESULTS OF THE CONSOLIDATED ELECTION FOR THE OFFICE OF COUNCILMEMBERS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
City Clerk Kimberly Dewis read the following proclamation:
PROCLAMATION OF THE RESULTS OF THE CONSOLIDATED ELECTION FOR THE OFFICE OF COUNCILMEMBER FOR THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
WHEREAS, a Consolidated Election for the office of Councilmember to be elected at large, of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on April 6, 2021; and
WHEREAS, the election authority of Cook County transmitted the results for those precincts located in Hanover Township, Cook County, City of Elgin to the Kane County election authority; and
WHEREAS, the election authority of Kane County compiled the results for those precincts located in Campton, Dundee, Elgin, Plato, and Rutland Townships, Kane County, and Hanover Township, Cook County, Elgin, Illinois; and
WHEREAS on April 27, 2021, the County Canvassing Board of Kane County at the County Clerk’s office in Geneva, Illinois, canvassed the returns of the Consolidated Election and issued an Abstract of Votes which was furnished to the Local Election Official of the City of Elgin.
NOW, THEREFORE, pursuant to the Abstract of Votes prepared by the Kane County Canvassing Board, it is hereby proclaimed that of the 61,332 registered voters, a total of 5,720 ballots were cast at the Consolidated Election on April 6, 2021. The following number of votes was cast for each candidate for the office of Councilmember of the City of Elgin:
| Councilperson Kane County Cook County Totals |
| Anthony Ortiz 1660 374 2034 |
| Steve Thoren 1827 232 2059 |
| Richard Johnson 1298 149 1447 |
| Dustin Good 1801 267 2068 |
| Karin Jones 1645 291 1936 |
| Jerri McCue 1445 253 1698 |
| Jodi Perkins 1556 267 1823 |
| Marcus E. Banner 470 64 534 |
| Rafael Garcia Jr. 530 93 623 |
| Corey Dixon 2436 453 2889 |
| Carol Rauschenberger 2457 412 2869 |
Steve Thoren
Dustin Good
Corey Dixon
Carol Rauschenberger
This is to certify that the foregoing Proclamation of Results of the Consolidated Election for the office of Councilmember for the City of Elgin is true and correct.
Dated this 12th day of May, 2021
Kimberly Dewis
Elgin City Clerk
Local Election Official
INAUGURATION OF ELECTED COUNCILMEMBERS
Corey Dixon was sworn in by the City Clerk, Kimberly Dewis.
Dustin Good was sworn in by the City Clerk, Kimberly Dewis.
Carol Rauschenberger was sworn in by the City Clerk, Kimberly Dewis.
Steven Thoren was sworn in by the Honorable Keith Brown.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None.
NEWLY-INAUGURATED COUNCILMEMBER COMMENTS
The newly inaugurated councilmembers each thanked their friends, family, and constituents for their support.
MEETING - RECESS
Mayor Kaptain declared the City Council meeting recessed at 7:00 p.m. for a reception for the newly elected councilmembers and stated it would reconvene after the Committee of the Whole meeting.
MEETING – RECONVENE
Mayor Kaptain declared the City Council meeting back in session at 7:52 p.m.
MINUTES OF THE APRIL 28, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Rauschenberger, to approve the April 28, 2021, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
COMMUNICATIONS
Mental Health Awareness Month Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Mental health is essential to everyone’s overall health and well-being with nearly one in five adults living with a mental health problem in any given year; and
WHEREAS, Suicide is the 10th leading cause of death in the United States, the 2nd leading cause among those aged 10 to 34 and 90% of people who die by suicide have an underlying mental illness; and
WHEREAS, Local emergency departments report a 31% increase in visits for behavioral health needs in past 10 years and 10.8% of Elgin residents report frequent mental distress in their daily lives; and
WHEREAS, Early identification and treatment can make a difference in successful management of mental illness and recovery so that community members can lead full, productive lives; and
WHEREAS, Every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help and public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May as Mental Health Month and call upon the citizens, government agencies, public and private institutions, businesses and schools in Elgin to recommit our city to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health and the need for appropriate and accessible services for all people with mental health conditions.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May, 2021.
David J. Kaptain
Mayor
Poppy Days Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, America is the land of the freedom, preserved and protected willingly and freely by citizen soldiers; and
WHEREAS, millions of citizen soldiers, who have answered the call to arms, have died on the field of battle; and
WHEREAS, a Nation must be reminded of the price of war and the debt owed to those who have died in war; and
WHEREAS, the red poppy has been designated as a symbol of the sacrifice of lives in all wars; and
WHEREAS, the American Legion and its Auxiliaries, the American Legion Riders, the Veterans of Foreign Wars and its Auxiliaries and the AMVETS have pledged to remind Americans annually of this debt through the distribution of the poppy as the memorial flower.
NOW, THEREFORE, I David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May 13, 14 and 15, 2021 as POPPY DAYS in Elgin and ask all citizens to pay tribute to those who have made the ultimate sacrifice in the name of freedom, by making a donation for and wearing the memorial poppy during these days.
IN WITNESS THEREOF, I have hereunto set my hand this 12th day of May, 2021.
David J. Kaptain
Mayor
National Public Works Week Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Elgin; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Elgin to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2021 marks the 61st annual National Public Works Week sponsored by the American Public Works Association
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby designate the week May 16 – 22, 2021 as National Public Works Week and I urge all citizens to join with representatives of the American Public Works and government agencies in appreciation of these men and women dedicated to providing essential services to the community by paying tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May, 2021
David J. Kaptain
Mayor
PUBLIC COMMENTS
Kevin Zaldivar asked questions about the crime prevention consultant contract, the bid for card readers, and the annexation of property on Randall Road.
Sandra Davila asked questions about the crime prevention consultant contract, the bid for card readers, and the annexation of property on Randall Road. She also thanked Councilmember Lopez for his service to the community.
JOB ORDER CONTRACT APPROVED WITH F.H. PASCHEN FOR THE INSTALLATION OF ADDITIONAL CARD READERS AT THE POLICE FACILITY
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve a contract with F. H. Paschen for the installation of additional card readers for access control at the police facility in the amount of $28,008 in order to improve security. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
PUBLIC HEARING FOR PETITIONS 09-21, 13-21, AND 14-21; 15N440 S. RANDALL ROAD; APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PRELIMINARY AND FINAL PLAT OF SUBDIVISION, AND PLANNED DEVELOPMENT AS A MAP AMENDMENT TO CONSTRUCT A NEW FACILITY FOR A MOTOR VEHICLE DEALER (BIGGERS MAZDA)
Mayor Kaptain declared the public hearing open.
Marc Mylott, Community Development Director, provided details regarding the scope of the project. There were questions regarding the ingress to the parking lot, the types of cars available, the business model, the carbon footprint and the car dealership subsidies.
Mayor Kaptain declared the public hearing closed.
PETITIONS 09-21, 13-21, AND 14-21 APPROVED FOR 15N440 S. RANDALL ROAD; APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PRELIMINARY AND FINAL PLAT OF SUBDIVISION, AND PLANNED DEVELOPMENT AS A MAP AMENDMENT TO CONSTRUCT A NEW FACILITY FOR A MOTOR VEHICLE DEALER (BIGGERS MAZDA)
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petitions 09-21, 13-21, and 14-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
RESOLUTION 21-78 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE 50/50 AND 75/25 HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM
Councilmember Steffen made a motion, seconded by Councilmember Rauschenberger, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Shaw.
Resolution No. 21-78
RESOLUTION APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE 50/50 AND 75/25 HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAMS
WHEREAS, the 50/50 and 75/25 Historic Architectural Rehabilitation Grant Programs have been established to provide financial assistance and incentives for property owners in Elgin's historic districts and individual landmarks in the restoration of their properties; and
WHEREAS, in 2021 applications have been made for 7 projects under the city's Historic Architectural Rehabilitation Grant Programs; 3 applications under the 50/50 historic rehabilitation grant program and 4 applications under the 75/25 historic rehabilitation grant program; and
WHEREAS, pursuant to Ordinance No. G31-15, funding for the 50/50 and 75/25 Historic Architectural Rehabilitation Grant Programs has been combined into one historic rehabilitation grant fund; and
WHEREAS, said applications have been submitted to the Elgin Heritage Commission which conducted a review and scored applications based upon objective criteria and forwarded eligibility lists to the City Council which has reviewed and approved the lists.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $100,000 is allocated for the following projects approved under the grant recipient eligibility lists.
| 50/50 Program | ||
| Owner | Address | Grant Amount |
| Maribel Lara | 132-134 College St. | $ 4,707.00 |
| Carmen Corona Arroyo | 318 DuPage St. | $ 13,821.50 |
| Roberto Rodriguez | 129 Tennyson | $ 10,674.50 |
| 75/25 Program | ||
| Owner | Address | Grant Amount |
| Yessenia Gutierrez | 329 St. Charles St. | $ 20,000.00 |
| Stephanie Seefeldt | 168 Hill Ave. | $ 19,875.00 |
| Gordon J. Steurer | 476 Arlington Ave. | $ 20,000.00 |
| Gabriela Renteria | 844 Douglas Ave. | $ 10,922.00 |
| TOTAL | $100,000.00 |
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 12, 2021
Adopted: May 12, 2021
Vote: Yeas: 8 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 21-79 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF 451-465 DUNDEE AVENUE
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
225
MAY 12, 2021 VOLUME LXXXVI
Resolution No. 21-79
RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF 451-465 DUNDEE AVENUE
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 a real estate contract on behalf of the City of Elgin with Jay Shore, as Trustee of the Jay Shore Trust dated August 7, 1985, for the purchase of the property commonly known as 451-465 Dundee Avenue for $43,000, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 12, 2021
Adopted: May 12, 2021
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G28-21 PASSED AUTHORIZING THE CITY OF ELGIN, KANE COUNTY, ILLINOIS TO BORROW FUNDS FROM THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S PUBLIC WATER SUPPLY LOAN PROGRAM FOR THE CITY OF ELGIN LEAD SERVICE LINE REPLACEMENT PROJECT
Councilmember Dixon made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Ordinance No. G28-21
AN ORDINANCE AUTHORIZING THE CITY OF ELGIN, KANE COUNTY, ILLINOIS TO BORROW FUNDS FROM THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S PUBLIC WATER SUPPLY LOAN PROGRAM FOR THE CITY OF ELGIN LEAD SERVICE LINE REPLACEMENT PROJECT
WHEREAS, the City of Elgin, Kane County, Illinois (the “City”), operates its public water supply system (“the System”) and in accordance with the provisions of Article VII of the Illinois Constitution and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (collectively “the Act”); and
WHEREAS, the Mayor and the City Council of the City of Elgin (the “Corporate Authorities”) have determined that it is advisable, necessary, and in the best interest of the public health, safety, and welfare to improve the System, including the following:
Replacement of the privately-owned portion of the lead water service from the curb stop to the water meter for approximately 402 properties. The 402 properties identified have had or will have the public portion of the lead service (from the water main to curb stop) replaced by the City; together with any land or rights in land and all electrical, mechanical or other services necessary, useful or advisable to the construction and installation (the “Project”), all in accordance with the plans and specifications prepared by the consulting engineers of the City of Elgin which Project has a useful life of 100 years; and
WHEREAS, the estimated cost of construction and installation of the Project, including engineering, legal, financial and other related expenses is Four Million Dollars ($4,000,000), and there are insufficient funds on hand and lawfully available to pay these costs; and
WHEREAS, in accordance with the Procedures for Issuing Loans from the Public Water Supply Loan Program Title 35 Ill. Adm. Code Part 662.250, the City is eligible to have up to $4,000,000 of the Project costs be forgiven by the State of Illinois pursuant to principal loan forgiveness provisions; and
WHEREAS, to the extent that principal loan forgiveness is not available for the Project, the City has determined that it will not be seeking a loan for the Project and, therefore, the loan described herein will not be subject to repayment; and
WHEREAS, in accordance with the provisions of the Act, the City is authorized to borrow funds from the Public Water Supply Loan Program in the aggregate principal amount of $4,000,000 in the form of a forgivable loan to provide funds to pay the costs of the Project; and
WHEREAS, the loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions between the City and the Illinois Environmental Protection Agency;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. INCORPORATION OF PREAMBLES
The Corporate Authorities hereby find that the recitals contained in the preambles are true and correct, and incorporate them into this Ordinance by this reference.
SECTION 2. DETERMINATION TO BORROW FUNDS
It is necessary and in the best interests of the City to construct the Project for the public health, safety, and welfare, in accordance with the plans and specifications, as described; that the System continues to be operated in accordance with the provisions of the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.; and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City in the form of a forgivable loan in the aggregate principal amount (which can include construction period interest financed over the term of the loan) not to exceed $4,000,000.
SECTION 3. ADDITIONAL ORDINANCES
The Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this Ordinance, providing for entering into the Loan Agreement with the Illinois Environmental Protection Agency, prescribing all the details of the Loan Agreement, and providing for the collection, segregation and distribution of the revenues of the System, so long as the maximum amount of the Loan Agreement as set forth in this Ordinance is not exceeded and there is no material change in the project or purposes described herein. Any additional ordinances or proceedings shall in all instances become effective in accordance with the Act or other applicable laws. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for entering into the Loan Agreement under applicable law.
However, notwithstanding the above, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Public Water Supply Loan Program without the written consent of the Illinois Environmental Protection Agency.
SECTION 4. LOAN NOT INDEBTEDNESS OF THE CITY
Repayment of the loan to the Illinois Environmental Protection Agency by the City pursuant to this Ordinance is to be solely from the revenue derived from the revenues of the System, and the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. The foregoing notwithstanding, the City is only seeking a loan for which principal loan forgiveness is available and, to the extent that principal loan forgiveness is not available for the Project, the City has determined that it will not be seeking a loan for the Project.
SECTION 5. APPLICATION FOR LOAN
The City Manager is hereby authorized to make application to the Illinois Environmental Protection Agency for a loan through the Public Water Supply Loan Program, in accordance with the loan requirements set out in 35 Ill. Adm. Code 662.
SECTION 6. ACCEPTANCE OF LOAN AGREEMENT
The Corporate Authorities hereby authorize acceptance of the offer of a loan through the Public Water Supply Loan Program, including all terms and conditions of the Loan Agreement as well as all special conditions contained therein and made a part thereof by reference. The Corporate Authorities further agree that the loan funds awarded shall be used solely for the purposes of the project as approved by the Illinois Environmental Protection Agency in accordance with the terms and conditions of the Loan Agreement.
SECTION 7. OUTSTANDING BONDS
The City has outstanding bonds, payable from revenues of the system, that are senior to the loan authorized by this Ordinance, and the City establishes an account, coverage, and reserves equivalent to the account(s), coverage(s) and reserve(s) as the senior lien holders in accordance with 35 Ill. Adm. Code 662.350(a)(9)(C)(PWS).
SECTION 8. AUTHORIZATION OF MAYOR TO EXECUTE LOAN AGREEMENT
The Mayor is hereby authorized and directed to execute the Loan Agreement with the Illinois Environmental Protection Agency. The Corporate Authorities may authorize by resolution a person other than the Mayor for the sole purpose of authorizing or executing any documents associated with payment requests or reimbursements from the Illinois Environmental Protection Agency in connection with this loan.
SECTION 9. SEVERABILITY
If any section, paragraph, clause or provision of this Ordinance is held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance.
SECTION 10. REPEALER
All ordinances, resolutions, orders, or parts thereof, which conflict with the provisions of this Ordinance, to the extent of such conflict, are hereby repealed.
SECTION 11. EFFECTIVE DATE
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: May 12, 2021
Passed: May 12, 2021
Vote: Yeas: 9 Nays: 0
Recorded: May 12, 2021
Published: May 14, 2021
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
MOTION TO REMOVE RESOLUTION 21-77 FROM THE CONSENT AGENDA
Councilmember Rauschenberger made a motion, seconded by Councilmember Dixon, to remove Resolution 21-77 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
There was discussion regarding the process to hire the consultant and the previous presentation on this proposed contract. Also discussed was the cost of the contract, changes from the current program, and how members of the public were involved in the process.
RESOLUTION 21-77 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH CKONE, LLC FOR CONSULTING SERVICES IN CONNECTION WITH JUVENILE CRIME PREVENTION PROGRAMS AND SERVICES
Councilmember Shaw made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Resolution No. 21-77
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH CKONE, LLC FOR CONSULTING SERVICES IN CONNECTION WITH JUVENILE CRIME PREVENTION PROGRAMS AND SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase of Services Agreement on behalf of the City of Elgin with CKone, LLC, for consulting services in connection with juvenile crime prevention programs and services, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 12, 2021
Adopted: May 12, 2021
Vote: Yeas: 7 Nays: 0 Abstained: 2
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. S4-21 and G24-21 through G27-21 and adopt Resolution Nos. 21-74 through 21-77 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
RESOLUTION 21-74 ADOPTED AUTHORIZING EXECUTION OF A 2021 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE RELATING TO THE INVESTIGATION OF SENSITIVE CRIMES INVOLVING CHILDREN
Councilmember Shaw made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Resolution No. 21-74
RESOLUTION AUTHORIZING EXECUTION OF A 2021 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE RELATING TO THE INVESTIGATION OF SENSITIVE CRIMES INVOLVING CHILDREN
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 2021Agreement on behalf of the City of Elgin with the Kane County Child Advocacy Center by and through the Kane County State’s Attorney, for funding assistance relating to the investigation of sensitive crimes involving children, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 12, 2021
Adopted: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
232
VOLUME LXXXVI MAY 12, 2021
RESOLUTION 21-75 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 CDBG NEIGHBORHOOD STREET RESURFACING PROGRAM
Councilmember Shaw made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Resolution No. 21-75
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 CDBG NEIGHBORHOOD STREET RESURFACING 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, 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 Gewalt Hamilton Associates, Inc. for professional services in connection with the 2021 CDBG Neighborhood Street Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 12, 2021
Adopted: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 21-76 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR A LIME SLAKER CONTROLLER FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT
Councilmember Shaw made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Resolution No. 21-76
RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR A LIME SLAKER CONTROLLER FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT
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 a Purchase Agreement on behalf of the City of Elgin with Smith Ecological Systems Company for a lime slaker controller for the Leo Nelson Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 12, 2021
Adopted: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE S4-21 PASSED DESIGNATING 1032 PROSPECT BOULEVARD, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT
Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Ordinance No. S4-21
AN ORDINANCE DESIGNATING 1032 PROSPECT BOULEVARD, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT
WHEREAS, the owner(s) of record of the property commonly known as 1032 Prospect Boulevard, Elgin, Illinois, has filed an application with the City of Elgin requesting that such property be designated as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District; and
WHEREAS, on April 6, 2021, the Elgin Heritage Commission conducted a public hearing and determined whether 1032 Prospect Boulevard meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District; and
WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and
WHEREAS, the property at 1032 Prospect Boulevard embodies elements of design, detailing, materials or craftsmanship that identify it as a Bungalow; and
WHEREAS, the property has been determined by the Elgin Heritage Commission as one possessing the required characteristics to qualify as eligible to be designated within the Elgin Bungalow Thematic Historic District; and
WHEREAS, the property has demonstrated character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country; and
WHEREAS, the property retains its architectural and structural integrity and is worthy of preservation; and
WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and
WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate 1032 Prospect Boulevard as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that 1032 Prospect Boulevard, located upon the property legally described as follows:
Lot 6 in Block 1 of Congdon’s Second Addition to Elgin, in the City of Elgin, Kane County, Illinois.
Permanent Index Number: 06-12-106-009
be and is hereby designated within the Elgin Bungalow Thematic Historic District as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended.
BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of this ordinance to the owner(s) of record, and record a certified copy of this ordinance in the office of the Recorder of Deeds of Kane County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 12, 2021
Passed: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Recorded: May 12, 2021
Published: May 14, 2021
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G24-21 PASSED AMENDING SECTION 6.06.059.2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “DOWNTOWN FARMERS MARKET EVENT PERMIT”
Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Ordinance No. G24A-21
AN ORDINANCE AMENDING SECTION 6.06.059.2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “DOWNTOWN FARMERS MARKET EVENT PERMIT” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 6.06.059.2 of the Elgin Municipal Code, 1976, as amended, entitled “Downtown Farmers Market Permit Event” be and is hereby further amended by amending Subparagraphs C and D thereto to read as follows:
“C. A downtown farmers market event permit shall be issued only to licensees with a currently issued and valid liquor license issued by the City of Elgin Local Liquor Control Commission for a licensed premises located within the area of the downtown farmers market event as specified on the annual Downtown Elgin Farmers Market Outside Event Permit Application and the permit for such event approved by the city.
D. A downtown farmers market event permit shall authorize the permit holder licensee to conduct alcoholic liquor sales from inside the licensed premises or on the public sidewalk adjacent to the licensed premises or on the portion of DuPage Court adjacent to the licensed premises during the hours of the sponsored downtown farmers market event. Consumption of the alcoholic liquors sold by such permit holder licensee is authorized both on the licensed premises and off premises on the public streets and sidewalks within the boundaries of the sponsored downtown farmers market event as specified on the annual Downtown Elgin Farmers Market Outside Event Permit Application and the permit for such event approved by the city.”
Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. 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: May 12, 2021
Passed: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Recorded: May 12, 2021
Published: May 14, 2021
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G25-21 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (40 DUPAGE COURT)
Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Ordinance No. G25-21
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (40 DuPage Court)
WHEREAS, written application has been made requesting conditional use approval for a planned development for the adaptive reuse of an existing building into a mixed-use building with ground-floor commercial uses and 40 upper-level dwellings with certain departures from the Elgin zoning ordinance at 40 DuPage Court; and
WHEREAS, the zoning lot containing the premises at 40 DuPage Court is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the CC1 Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 1, 2021, 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 for a planned development in the CC1 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 March 1, 2021, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a planned development for the adaptive reuse of an existing building into a mixed-use building with ground-floor commercial uses and 40 upper level dwellings with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 40 DuPage Court, and commonly identified by Kane County Property Index Numbers 06-14-434-017, and legally described as follows:
Lot 9 in Block 15 of the original town of Elgin, on the east side of River, in the City of Elgin, Kane County, Illinois (commonly known as 40 DuPage Court).
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 Legend Partners, LLC, as applicant, and Dan Strojny, as property owner received February 2, 2021, and supporting documents including:
a. Undated Planned Development Statement of Purpose and Conformance received February 2, 2021;
b. Undated Conditional Use Statement of Purpose and Conformance received February 2, 2021;
c. Boundary & Topographic Survey, prepared by WT Group, dated September 23, 2019;
d. Undated “40 DuPage Elgin Commerce Building Redevelopment Plan”, received February 2, 2021; and
e. The 39-page architectural plan set titled: “40 DuPage Court Apartments, Elgin IL, prepared by Fowler Architecture, dated May 8, 2020, with such further revisions as required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
2. A departure is hereby granted to allow the construction of upper-level dwellings with the following floor areas: Studio units 447-558 square feet, One-bedroom units 602- 774 square feet, and Two-bedroom units 791-858 square feet.
3. A departure is hereby granted to allow the construction of ground-floor storefront windows with vertical bays of unequal width.
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: May 12, 2021
Passed: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Recorded: May 12, 2021
Published: May 14, 2021
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G26-21 PASSED GRANTING A CONDITIONAL USE FOR INDIVIDUAL AND FAMILY SOCIAL SERVICE, AND EVENT SPACE FOR ACTIVITIES PERTAINING TO ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (19 DOUGLAS AVENUE)
Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Ordinance No. G26-21
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR INDIVIDUAL AND FAMILY SOCIAL SERVICE, AND EVENT SPACE FOR ACTIVITIES PERTAINING TO ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (19 Douglas Avenue)
WHEREAS, written application has been made requesting conditional use approval to establish an individual and family social service, and event space for activities pertaining to assembly of people at 19 Douglas Avenue; and
WHEREAS, the zoning lot with the building containing the premises at 19 Douglas Avenue is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the CC1 Center City District, and an individual and family social service, and event space for activities pertaining to assembly of people are listed as conditional uses within the CC1 Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 5, 2021, 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 CC1 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 April 5, 2021, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to establish an individual and family social service, and an event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 19 Douglas Avenue, which is part of the property commonly identified by Kane County Property Index Number 06-14-284-003, and legally described as follows:
Of property described as: that part of lots 3, 4 and 5 in block 16 of the original town of Elgin, on the east side of the Fox River described as follows: beginning at a point in the east line of Douglas Avenue that is 44.5 feet south of the south line of Highland Avenue; thence south along said east line 22.00 feet; thence east parallel with the south line of Highland Avenue 143.4 feet to the westerly right of way line of the Chicago & Northwestern Railway; thence northwesterly along said right of way line 24.875 feet; thence west 131.95 feet to the point of beginning, subject to the burden and including the benefits of rights of an alleyway 10 feet wide along the railroad right of way and also subject to and included the joint use of the stairway and second floor hallway of the building on said premises to be used in common for the benefit of the owners and occupants of the respective parts of said building, being situated in the city of Elgin, Kane County, Illinois.
(commonly known as 19 Douglas Avenue)
Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:
5. Substantial conformance to the Development Application submitted by The Ruth Project Ministries, as applicant, and Donald Rage, as property owner, received February 3, 2021 and supporting documents including:
a. Undated Statement of Purpose and Conformance for Conditional Use received February 3, 2021;
b. Plat of Survey, prepared by Michael J. Morrissy, dated September 28, 2015; and
c. Undated First Floor and Basement Floor Plans, received February 3, 2021, with such further revisions as requested by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
6. All street graphics must comply with the zoning ordinance requirements. A box-style wall sign is prohibited.
7. Assembly uses permitted by this grant of conditional use shall include:
a. Academic Tutoring and Educational Opportunities;
b. Business Dinners, Breakout Session, Round-Table Discussions, and/or Workshops;
c. Banquets (General);
d. Board Game and Craft Nights;
e. Conferences, Conventions, and/or Seminars;
f. Colloquiums;
g. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
h. Corporate and/or Non-profit Events;
i. Dance Classes, including but not limited to Zumba;
j. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes:
k. Educational and Social Events;
l. Fundraisers;
m. Galas;
n. Gallery Displays, including but not limited to works of art, either temporary or permanent;
o. Holiday Parties;
p. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events;
q. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings;
r. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga;
s. Music Lessons;
t. Networking Events;
u. Receptions;
v. Retreats and Team Buildings Events;
w. Social Events;
x. Symposiums;
y. Trainings and Informational Meetings; and
z. Other like assemblies of people.
8. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations.
9. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended.
10. 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: May 12, 2021
Passed: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Recorded: May 12, 2021
Published: May 14, 2021
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G27-21 PASSED GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (35 CLOCK TOWER PLAZA)
Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmembers Good and Thoren abstained.
Ordinance No. G27-21
AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (35 Clock Tower Plaza)
WHEREAS, written application has been made requesting conditional use approval to establish an employment agency, a personnel supply service, at 35 Clock Tower Plaza; and
WHEREAS, the zoning lot with the building containing the premises at 35 Clock Tower Plaza, is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the PCC2 Center City District established by Ordinance No. G12-02, and a personnel supply service is listed as a conditional use within the PCC2 Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 5, 2021, 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 PCC2 Center City District established by Ordinance No. G12-02 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 April 5, 2021, 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 an employment agency, a personnel supply service, is hereby granted for the property commonly known as 35 Clock Tower Plaza, which is part of the property commonly identified by Kane County Property Index Number 06-24-126-002, and legally described as follows:
PARCEL ONE:
THAT PART OF BLOCK 1 OF SHERMAN’S ADDITION TO ELGIN, DECRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF SAID BLOCK 1; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID BLOCK 1, A DISTANCE OF 574.30 FEET (RECORD BEING 574.53 FEET); THENCE SUOTHEASTERLY ALONG A MOUNUMENTED LINE THAT FORMS AN ANGLE OF 90 DEGREES, 59 MINUTES, 19 SECONDS (RECORD BEING 91 DEGREES, 00 MINUTES, 0 SECONDS) TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRBIED COURSE, A DISTANCE OF 915.17 FEET (RECORD BEING 915.00 FEET); THENCE NORTHEASTERLY ALONG A MONUMENTED LINE THAT FORMS AN ANGLE OF 88 DECGREES, 59 MINUTES, 10 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (RECORD BEING PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 1). A DISTANCE OF 323.83 FEET (RECORD BEING 323.86 FEET); THENCE NORTWESTERLY ALONG A MOUMENTD LINE THAT FORMS AN ANGLE OF 89 DEGREES, 58 MINUTES, 39 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (RECORD BEING AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE), A DISTANCE OF 69.97 FEET (RECORD BEING70.00 FEET); THENCE NORTHEASTERLY ALONG A MONUMENTED LINE THA TFORMS AN ANGLE OF 89 DEGREES, 57 MINUTES, 13 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE RECORD BEING PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 1), A DISTANCE OF 249.98 FEET (RECORD BEING 250.00 FEET) TO THE EASTERLY LINE OF SAID BLOCK 1; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4915.28 FEET, A DISTANCE OF 846.40 FEET (RECORD BEING 846.50 FEET) TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 9.00 FEET (MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE O FSAID BLOCK 1) DEDICATED FOR A PUBLIC STREET BY DOCUMENT NO. 1919284. BENG SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PARCEL TWO:
A NON EXCLUSIVE EASEMENT FOR THE PURPOSE OF TRANSMITTING WATER, SEWAGE, GAS, ELECTRICITY AND OTHER UTILITIES OFLIKE OR DISSIMILAR NATURE FOR THE BENEFIT OF PARCEL ONE, AS CREATED IN THE GRANT OF EASEMENT DATED MAY 14, 1970 AND RECORDED JUNE 8, 1970 AS DOCUMENT 1165857, OVER, UPON AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: PART OF BLOCK 1 OF SHERMAN’S ADDITION TO ELGIN, DESCRIED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF SAID BLOCK 1; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID BLOCK 1, A DISTANCE OF 574.53 FEET FOR THE PLACE OF BEGINNING; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 91 DEGREES, 00 MINUTES, 0 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 915.0 FEET THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 1, A DISTANCE OF 40.0 FEET; THENCE NORTHWESTERLY AONG A LINE THAT FORMS AN ANGLE OF 0 DEREES, 0 MINUTES, 0 SECONDS 89, TOWNSHIP 00 NORTH, RANGE 0 TO THE RIGHT WITH THE PROLONGATION OF THELAST DECRIBED COURSE, A DISTANCE OF 915.0 FEET TO THE NORTHERLY LINE OF SAID BLOCK 1; THENCE NORTHEATERLY ALONG SAID NORTHERLY LINE, A DISTANCE OF 40.0 FEET TO THE PLACE OF BEGINNING; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 1-95 Clock Tower Plaza)
Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:
11. Substantial conformance to the Development Application submitted by ClearStaff, Inc., as applicant, and Paul Butera, as property owner, received February 24, 2021 and supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance, prepared by ClearStaff, Inc., received February 19, 2021;
b. Undated Site Plan, received February 19, 2021; and
c. Undated three-page interior buildout plans, received February 19, 2021, with such further revisions as required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
12. All street graphics must comply with the zoning ordinance requirements. A box-style wall sign is prohibited.
13. The applicant and/or operator shall not provide transportation services for its employees, clients, or customers.
14. 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: May 12, 2021
Passed: May 12, 2021
Omnibus Vote: Yeas: 7 Nays: 0 Abstained: 2
Recorded: May 12, 2021
Published: May 14, 2021
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Human Relations Commission, April 13, 2021
Liquor Commission, March 10, 2021
Committee of the Whole, April 14, 2021
City Council Minutes, April 14, 2021
Sales Tax Revenue
Hotel/Motel Tax Revenue
Telecommunication Tax Revenue
Motor Fuel Tax Revenue
Electricity Tax Revenue
Natural Gas Tax Revenue
Cannabis Revenue
Video Gaming Revenue
Alcoholic Liquor Tax Revenue
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Steffen made a motion, seconded by Councilmember Dixon, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:57 p.m.
https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/7340
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