City of Elgin City Council met Sept. 8

By Angelica Saylo Pilo

Dec 15, 2021

City of Elgin City Council met Sept. 8.

Here are the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:25 p.m. The Pledge of Allegiance was led by Mayor David Kaptain.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None. All members, with the exception of Councilmembers Martinez, Powell, Shaw, Thoren, and Mayor Kaptain, attended via electronic means.

MINUTES OF THE AUGUST 25, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Powell made a motion, seconded by Councilmember Thoren, to approve the August 25, 2021, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

Elgin Dementia Friendly City Declaration

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, The City of Elgin was designated a Dementia Friendly Community in 2019; and

WHEREAS, every 65 seconds, someone develops Alzheimer’s disease, a form of Dementia, by 2050 someone will develop this disease every 33 seconds and Alzheimer’s is the 6th leading cause of death in the United States; and

WHEREAS, 5.7 million individuals in the United States and 220,000 individuals in Illinois are living with Alzheimer’s or a type of dementia; and

WHEREAS, in the United States, there are 5.8 million people living with Alzheimer’s disease and more than 16 million Americans provide unpaid care for people with Alzheimer’s and other dementias, providing over 18.5 billion hours of unpaid care, and in Illinois, more than half a million caregivers provided 668 million hours of unpaid care, which the Alzheimer’s Association estimates the direct costs will reach $1 trillion by 2050; and

WHEREAS, numerous local partners, experts, professionals and residents are devoted to the success of the Dementia Friendly initiative and Elgin offers its support to those living with dementia, and we recognize those who care and provide for them.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, call upon our citizens to learn more about dementia, as we work to create a local community where people living with dementia are supported to enjoy a high quality of life with meaning, purpose and value.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of September, 2021.

David J. Kaptain

Mayor

Elgin City of Peace Days Proclamation

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, In 2011, Elgin became recognized as a City of Peace and a member city of the International Cities of Peace when Elgin’s religious and civic leaders achieved that distinction for our city, and we celebrate that status every year.

WHEREAS, In that spirit, grassroots groups in Elgin working with elected officials have worked to eliminate racism, sexism, nativism and homophobia from our public dialogues and practices and these grassroots groups have become the conscience of Elgin and we recognize that peace requires not just the absence of violence, but the presence of genuine bonds of mutual caring and respect for one another, so we must continue to expand this work; and

WHEREAS, To be a peaceful city in 2021, we now have to face the harsh reality of the global climate crisis, which challenge calls upon us to change our behavior, to rethink our values and as individuals and as a civic body we must work to eliminate fossil fuels and become a local leader in the transition to a renewable energy economy; and

WHEREAS, To be a peaceful city in 2021, we also need to address poverty and homelessness in the midst of the pandemic and this humanitarian and health crisis will require creativity and generosity; and

WHEREAS, To meet these challenges, we need cooperation not competition, humility and gentleness not arrogance and power, to learn to listen to one another, to be patient, respectful and compassionate as we strive for consensus, to let go of egotism, greed and the lust for power and we call upon our citizens, and especially our leaders, to find within themselves the courage and wisdom to meet these goals.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the dates of September 18 to 21 as Elgin City of Peace Days.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of September, 2021.

David J. Kaptain

Mayor

PUBLIC COMMENTS

Grace Richard, via email, commented on the proposed changes to parking in the downtown.

BID 21-051 AWARDED TO SCHAEFGES BROTHERS, INC. FOR THE AIRLITE WATER TREATMENT PLANT SLUDGE PIT COVERS

Councilmember Thoren made a motion, seconded by Councilmember Martinez, to award the Airlite Water Treatment Plant sludge pit covers project to Schaefges Brothers, Inc. in the amount of $86,500 to provide reliable and adequate water supply by protecting water treatment equipment. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 21-052 AWARDED TO FOX EXCAVATING, INC. FOR THE 2021 WATER MAIN IMPROVEMENTS

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award the 2021 Water Main Improvements project to Fox Excavating, Inc. in the amount of $527,400 to improve the City’s infrastructure with improvements to water mains in the Highland Springs Neighborhood, on Abbott Drive, on Airport Road and near Trout Park. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

STATE OF ILLINOIS PURCHASING PROGRAM CONTRACT APPROVED WITH SECOND CHANCE CARDIAC SOLUTIONS FOR THE PURCHASE OF AUTOMATED EXTERNAL DEFIBRILLATORS

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the purchase of 22 automated external defibrillator devices from Second Chance Cardiac Solutions utilizing the State of Illinois Central Management Services Purchasing Program pricing in the amount of $32,862 to replace and update equipment, reduce maintenance costs and ensure the availability of lifesaving devices for City personnel to use during emergencies. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITION 23-21 APPROVED FOR 665 DUNDEE AVENUE, 612 HILL AVENUE, 471 AND 475 COLUMBIA AVENUE; PLANNED DEVELOPMENT AS A MAP AMENDMENT FOR THE RECONSTRUCTION OF EXISTING SCHOOL PARKING LOTS AT LARSEN MIDDLE SCHOOL

Marc Mylott, Community Development Director, outlined Petition 23-21 for 665 Dundee Avenue, 612 Hill Avenue, 471 and 475 Columbia Avenue. The petition allows for a planned development as a map amendment for the reconstruction of parking lots at Larsen Middle School. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 23-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

ORDINANCE G45-21 PASSED ESTABLISHING A COMMUNITY TASK FORCE ON POLICING

There was discussion regarding the role of the task force in deciding the educational standards for police applicants.

Councilmember Steffen made a motion, seconded by Councilmember Martinez, 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. G45-21

AN ORDINANCE

ESTABLISHING A COMMUNITY TASK FORCE ON POLICING

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 power and perform any function pertaining to its government and affairs; and

WHEREAS, the City Council of the City of Elgin has determined that it is desirable to establish a community task force on policing to evaluate and make recommendations to the City Council regarding certain matters with respect to the Elgin Police Department; and

WHEREAS, the establishment of a community task force on policing as provided herein 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. COMMUNITY TASK FORCE ON POLICING CREATED:

There is hereby created the community task force on policing for the purpose of evaluating and making recommendations to the City Council regarding certain matters with respect to the Elgin Police Department.

Section 2. MEMBERSHIP:

A. The community task force on policing shall be composed of 18 members to be appointed by the City Council and 2 ex officio non-voting members who shall be members of the City Council appointed by the City Council. Each member shall serve for an indefinite term. The City Council may at any time appoint successor members to the task force to replace then current members or to fill vacancies. The members of the task force shall select from task force members a chairman and vice chairman of the task force.

B. The following persons are hereby appointed as members to the community task force on policing: Marcus Banner, Marcus Bradley, Corey Battles, Aubree Flickema, Kevin Zalivar, Shimon Blanchard, LeJewel K. Crigler, Carroll Bailey, Penelope Williams, Charles Horton, Walter Blalark, Sherman Blair, Jr., Tish Calhamer, Joshua Brockway, Danise Habun, Ismael Cordova, Cynthia M. Rivera, and Karen Arreola. Councilmember Tish Powell and Councilmember Toby Shaw are also hereby appointed as ex officio non-voting members of the task force.

Section 3. POWERS AND DUTIES:

The community task force on policing shall have the power and duty to evaluate and make recommendations to the City Council regarding the following matters with respect to the Elgin Police Department:

A. Assessing the effectiveness of the methods the Elgin Police Department (EPD) employs to engage with the community, including identifying opportunities for improving police culture, ensuring accountability and restoring community trust, particularly within communities of color. The assessment will include a peer city comparison, data/statistical analyses, the participation of peer city police agency representatives, community input, and recommendations for training and process improvement. The assessment will also examine how the EPD is being used in the community, identifying which services being provided are working well and which services may be better accomplished by other agencies or civilians. Interviewing members of the community, elected officials, city administrators and EPD members to determine the need for, structure of, and best practices model for a formal civilian review of police matters. The facilitators and task force may also elect to conduct field observations of police operations.

B. Reviewing the adequacy of existing processes for citizen reporting and filing of complaints, including an evaluation of community desires for alternative and redundant processes not maintained by EPD for filing complaints.

C. Reviewing EPD’s progress in achieving best practices and innovative approaches, including but not limited to practices contained within the “Report of the President’s Task Force on 21st Century Policing” and consistency of EPD’s use of force policies with best practices.

D. Reviewing EPD’s personnel management practices, including hiring, promotion, and provide recommendations on how those processes support recruitment and retention of a diverse workforce.

E. Evaluating current EPD training practices, emphasizing the applicability of these practices to the interaction with the diverse members of the community and the human rights values of Elgin, and making recommendations for changes to the training curricula, methods of delivery, and frequency of training.

F. Reviewing police data to determine, insofar as possible, if disparities exist in interactions with discernable subsets of the community, including race, ethnicity, gender and the LGBT population, mental health, alcohol and/or substance abuse and age/educational status). Determining whether there are procedural, practical or other barriers serving to suppress or discourage the reporting of complaints.

G. Assessing the adequacy of the current staffing status and equipment requirements and making recommendations based on best practices and peer city models.

H. Reviewing demographics and comparing of incident data from “peer” cities to understand how Elgin compares and possibly identify causes, influencing factors, or communities that may offer learning opportunities.

I. Creating a proposed plan for implementing task force recommendations along with mechanisms for the recurring assessment of performance and review and integration of best practices. The facilitators, in conjunction with the task force, will identify the tasks required and associated level of effort, proposed costs, schedule for completion, and the deliverables to be provided.

Section 4. MEETINGS:

The members of the community task force on policing shall meet as soon as practicable and shall establish regular meeting dates. The community task force on policing may establish rules regarding the conduct of the meetings and where not otherwise provided Robert's Rules of Order, Newly Revised, shall apply. Minutes shall be taken at all meetings. All meetings shall be conducted in accordance with the Open Meetings Act.

Section 5. FINAL REPORT AND DISSOLUTION OF TASK FORCE:

The community task force on policing shall submit all of its recommendations and a final report to the City Council by June 1, 2022. The community task force on policing shall automatically be dissolved on June 1, 2022, unless the City Council takes further action to extend or recreate the task force."

Section 6. 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 7. 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: September 8, 2021

Passed: September 8, 2021

Vote: Yeas: 9 Nays: 0

Recorded: September 8, 2021

Published: September 10, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G44-21, G46-21, and G47-21 and adopt Resolution Nos. 21- 133 through 21-140 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 21-133 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 NORTHEAST AREA RESURFACING PROJECT

Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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.

Resolution No. 21-133

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 NORTHEAST AREA RESURFACING PROJECT

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 Hampton, Lenzini and Renwick, Inc., for professional services in connection with the 2021 northeast area resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-134 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 COLUMBINE SQUARE RESURFACING PROJECT

Resolution No. 21-134

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 COLUMBINE SQUARE RESURFACING PROJECT

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 Burns & McDonnell Engineering Company, Inc., for professional services in connection with the 2021 Columbine Square resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-135 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION PRELIMINARY ENGINEERING PROJECT

Resolution No. 21-135

RESOLUTION

AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION PRELIMINARY ENGINEERING PROJECT

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 Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc., for supplemental professional engineering services in connection with the Dundee Avenue reconstruction preliminary engineering project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-136 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION – PHASE II

Resolution No. 21-136

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION – PHASE II

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 Engineering Enterprises, Inc., for professional services in connection with the Dundee Avenue Reconstruction – Phase II, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-137 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH B & F CONSTRUCTION CODE SERVICES, INC. FOR SUPPLEMENTARY BUILDING INSPECTION SERVICES

Resolution No. 21-137

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH B & F CONSTRUCTION CODE SERVICES, INC. FOR SUPPLEMENTARY BUILDING INSPECTION SERVICES

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 B & F Construction Code Services, for supplementary building inspection services, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-138 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST PUBLISHING CORPORATION FOR ONLINE LEGAL RESEARCH AND PUBLICATION SERVICES

Resolution No. 21-138

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST PUBLISHING CORPORATION FOR ONLINE LEGAL RESEARCH AND PUBLICATION SERVICES

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with West Publishing Corporation, for online legal research and publication services, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-139 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES

Resolution No. 21-138

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST PUBLISHING CORPORATION FOR ONLINE LEGAL RESEARCH AND PUBLICATION SERVICES

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G44-21 PASSED AMENDING SECTION 11.60.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "DOWNTOWN PARKING ZONE"

Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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. G44-21

AN ORDINANCE

AMENDING SECTION 11.60.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "DOWNTOWN PARKING ZONE"

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

Section 1. That Section 11.60.095 of the Elgin Municipal Code, 1976, as amended, entitled "Downtown Parking Zone" be and is hereby further amended by amending subparagraph A thereof and by adding a new subparagraph E thereto to read as follows:

"A. The following hours are established for operation of the Downtown Parking Zone, bounded by the south side of Kimball Street on the north, the west side of Center Street on the east, west side of Villa Street on the east, the south side of Prairie Street on the south, the east side of Grove Avenue on the east, the south side of National Street on the south and the east side of State Street on the west:

Except as provided by subparagraph E in this section, Monday through Friday: Eight o'clock (8:00) A.M. to five o'clock (5:00) P.M.

E. It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked on any street in the Downtown Parking Zone on any day from four o'clock (4:00) A.M. to six o'clock (6:00) A.M."

Section 2. 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 3. 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: September 8, 2021

Passed: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: September 8, 2021

Published: September 10, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G46-21 PASSED AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G41-16, WHICH WAS AMENDED BY ORDINANCE NO. G76-18 (2451 BATH ROAD)

Ordinance No. G46-21

AN ORDINANCE

AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G41-16, WHICH WAS AMENDED BY ORDINANCE NO. G76-18 (2451 Bath Road)

WHEREAS, the territory herein described has been classified in the PORI Planned Office Research Industrial District, and is subject to the requirements of Ordinance No. G41-16; and

WHEREAS, by adopting Ordinance No. G76-18 on December 19, 2018, the City Council amended certain provisions of the PORI Planned Office Research Industrial District established by Ordinance No. G41-16 pertaining to the property commonly referred to as 2451 Bath Road (the “Subject Property”);

WHEREAS, written application has been made to further amend certain provisions of Ordinance No. G41-16, to allow for certain building and site modifications at 2451 Bath Road; and

WHEREAS, the property containing the premises at 2451 Bath Road is legally described in Ordinance No. G41-16; and

WHEREAS, the zoning lot containing the premises at 2451 Bath Road is described as “Northern Developable Area” in Ordinance No. G41-16 (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 2, 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 an amendment to the PORI Planned Office Research 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 August 2, 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 Section 3. I. of Ordinance No. G41-16, which regulates “Site Design, Northern Developable Area Only” in the PORI Planned Office Research Industrial District of the Subject Property, as amended by Ordinance No. G76-18, is hereby further amended to include the following additional conditions:

8. Substantial conformance to the Development Application submitted by Chris Carlino, as applicant, and Scannell Properties #356 LLC, as property owner, received June 10, 2021, and supporting documents including:

a. Undated Statement of Purpose and Conformance in Support of Variance Requests for 2451 Bath Road Tenant Improvements, received July 1, 2021;

b. A letter from Meridian Design Build, RE: 2451 Bath Road: Discount Tire Tenant Buildout Development Application, dated July 1, 2021;

c. ALTA/NSPS Land Title Survey, prepared by Manhard Consulting Ltd., dated April 14, 2020;

d. Overall Site Plan, prepared by Manhard Consulting Ltd., dated May 6, 2021, last revised July 2, 2021, with such further revisions as required by the Community Development Director;

e. Exterior Elevations, Sheet A4.1, prepared by Partners in Design Architects, dated June 8, 2021, with such further revisions as required by the Community Development Director;

f. Guard House Building Layout, prepared by Easi-Set Worldwide, dated March 28, 2014, with such further revisions as required by the Community Development Director;

g. Discount Tire Tenant Improvements 2451 Bath Road, Elgin, IL 60124, Guardhouse Elevations, Sheet SK-1, prepared by Partners in Design Architects, dated June 30, 2021, with such further revisions as required by the Community Development Director;

h. Discount Tire Tenant Improvements 2451 Bath Road, Elgin, IL 60124, Trash Enclosure, Sheet SK-2, prepared by Partners in Design Architects, dated June 30, 2021, with such further revisions as required by the Community Development Director;

i. Discount Tire Tenant Improvements 2451 Bath Road, Elgin, IL 60124, Discount Tire Structural Design, Sheet S100, prepared by Partners in Design Architects, dated July 2, 2021, with such further revisions as required by the Community Development Director;

j. Undated Aberdeen Fence detail from Iron World, dated received July 1, 2021, with such further revisions as required by the Community Development Director; k. Pricing Plans for 2451 Bath Road Industrial Tenant Improvements 2451 Bath Road City of Elgin, Illinois, prepared by Manhard Consulting Ltd., dated May 6, 2021, last revised July 2, 2021, with such further revisions as required by the City Engineer; and

l. Six-page landscape plans, prepared by Manhard Consulting Ltd., dated June 9, 2021, last revised July 1, 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.

9. A departure is hereby granted to allow the construction of a guard house accessory building in the street yard south of the principal building.

10. A departure is hereby granted to allow the construction of a generator in the street yard north of the principal building.

11. A departure is hereby granted to allow the construction of a six-foot high, open-design, black, ornamental fence in the street yard north of the principal building.

12. The storage of semi-trucks, trailers, or box-type trucks is not permitted north of the principal building. The vehicle use area north of the principal building may be used for short-term parking of “box-type” trucks.

13. 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. G41-16, as amended by Ordinance No. G76-18. In the event of any conflict between this ordinance, Ordinance No. G41-16 and Ordinance No. G76-18, 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.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Passed: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: September 8, 2021

Published: September 10, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G47-21 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (812 EAST CHICAGO STREET)

Ordinance No. G47-21

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (812 East Chicago Street)

WHEREAS, written application has been made requesting conditional use approval for a planned development to renovate the existing commercial property to add a drive-through service facility with certain departures from the Elgin zoning ordinance at 812 East Chicago Street; and

WHEREAS, the zoning lot containing the premises at 812 East Chicago Street is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the CI Commercial Industrial District and ARC Arterial Road Corridor Overlay District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 2, 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 CI Commercial 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 2. That a conditional use approval for a planned development to renovate the existing commercial property to add a drive-through service facility with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 812 East Chicago Street, and commonly identified by Cook County Property Index Number 06-18-300-057-0000, and legally described as follows:

The Easterly 70 Feet of Lot 15 and the Westley 30 Feet of Lot 16 in Lord’s Park Terrace, a subdivision of part of Lot 16 in County Clerk’s Subdivision in the Southwest ¼ of Sections 18, Township 41 North, Range 9 East of the Third Principal Meridian in Cook County, Illinois. (commonly known as 812 E. Chicago Street).

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

14. Substantial conformance to the Development Application submitted by Ravi Pandya, as applicant, and Shree Elgin LLC, as property owner received March 17, 2021, and supporting documents including:

a. Undated Conditional Use Statement of Purpose and Conformance received June 25, 2021;

b. ALTA/ACSM Land Title Survey, prepared by Hattendorf Land Surveying, dated May 28, 2013;

c. Demo Site Plan, Site Plan, & Notes, sheet SP-1.0, prepared by MRV Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further revisions as required by the Community Development Director;

d. Site Details, sheet SP-1.1, prepared by MRV Architects, Inc., dated March 10, 2021, with such further revisions as required by the Community Development Director;

e. Trash Enclosure and Fencing Detail, sheet SP-1.2, prepared by MRV Architects, Inc., dated March 10, 2021, with such further revisions as required by the Community Development Director;

f. Landscape Plan, sheets L101, L102, and L103, prepared by Dowden Design Group, dated March 1, 2021, last revised June 14, 2021, with such further revisions as required by the Community Development Director;

g. Floor Plan, sheet Plan, prepared by MRV Architects, Inc., dated March 1, 2021, with such further revisions as required by the Community Development Director; h. Proposed Exterior Elevations & Building Signage; sheet EE-1.0, prepared by MRV Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further revisions as required by the Community Development Director;

i. Proposed Exterior Elevations & Exterior Finish Schedule; sheet EE-1.1, prepared by MRV Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further revisions as required by the Community Development Director;

j. Exterior Color Elevations; sheet CE-1.0, prepared by MRV Architects, Inc., dated May 4, 2021, with such further revisions as required by the Community Development Director;

k. Photometric Site Plan, Details, Schedule, & Notes; sheet PP-1.0, prepared by MRV Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further revisions as required by the Community Development Director; and

l. Lighting specifications: G-1, G-2, G-4, G-5, and P-5, received June 25, 2021, with such further revisions as required by the Community Development Director.

15. A departure is hereby granted to allow the redevelopment of the site with a minimum of 14 parking spaces.

16. A departure is hereby granted to allow the construction of three directional street graphics.

17. A departure is hereby granted to allow the installation of three drive-through facility graphics.

18. A departure is hereby granted to allow the construction of a refuse collection area with no setback from the west property line.

19. A departure is hereby granted to allow the construction of the vehicle use area with a minimum 5.5-foot setback from the east property line.

20. Compliance with all applicable codes and ordinances.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Passed: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: September 8, 2021

Published: September 10, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-140 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH YORK MW LLC, AN AFFILIATE OF ATLANTIC PACKAGING HOLDINGS LTD. (2601 MASON ROAD)

Resolution No. 21-140

RESOLUTION

AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH YORK MW LLC, AN AFFILIATE OF ATLANTIC PACKAGING HOLDINGS LTD.

(2601 Mason Road)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Development Incentive Agreement on behalf of the City of Elgin with York MW LLC, an affiliate of Atlantic Packaging Holdings, Ltd., for economic development assistance in connection with the development of 2601 Mason Road, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: September 8, 2021

Adopted: September 8, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

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

Heritage Commission-Design Review, August 10, 2021

Committee of the Whole, August 11, 2021

City Council Minutes, August 11, 2021

Sales Tax Revenue

Hotel/Motel Tax Revenue

Telecommunication Tax Revenue

Motor Fuel Tax Revenue

Natural Gas Tax Revenue

Electricity Tax Revenue

Riverboat Revenue

Cannabis Revenue

Video Gaming Revenue

Alcoholic Liquor Tax Revenue

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

Councilmember Powell made a motion, seconded by Councilmember Shaw, 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 7:58 p.m.

https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/7462

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