City of Elgin City Council met April 27

By Angelica Saylo Pilo

Sep 7, 2022

City of Elgin City Council met April 27.

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 City Clerk Kimberly Dewis at 7:22 p.m. The Pledge of Allegiance was led by City Clerk Councilman Thoren.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Thoren. Absent: Mayor Kaptain.

MOTION TO APPOINT MAYOR PRO TEM

Councilmember Powell made a motion, seconded by Councilmember Thoren, to appoint Councilmember F. John Steffen as Mayor Pro Tem of the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, and Thoren. Nays: None. Councilmember Steffen abstained.

Mayor Pro Tem Steffen announced that Councilmember Martinez asked to attend the meeting electronically and asked if there were any objections. There were no objections and Councilmember Martinez was permitted to participate electronically.

MINUTES OF THE APRIL 13, 2022, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Dixon made a motion, seconded by Councilmember Thoren, to approve the April 13, 2022, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, and Thoren. Nays: None. Mayor Pro Tem Steffen abstained.

COMMUNICATIONS

Arbor Day Proclamation

Mayor Pro Tem Steffen read the following proclamation:

PROCLAMATION

WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees called Arbor Day, which was first observed with the planting of more than a million trees in Nebraska and which is now observed throughout the nation and the world; and

WHEREAS, trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife; and

WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and

WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas and beautify our community and are a source of joy and spiritual renewal.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim April 29, 2022 as Arbor Day, in the City of Elgin and I urge all citizens to celebrate Arbor Day and efforts to protect our trees and woodlands and to plant trees to gladden the heart and promote the well-being of this and future generations.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2022.

David J. Kaptain

Mayor

International Compost Awareness Week

Mayor Pro Tem Steffen read the following proclamation:

PROCLAMATION

WHEREAS, the Compost Research & Education Foundation, along with Canada, Australia, the United Kingdom and other countries have declared the first full week of May to be the annual International Compost Awareness week; and

WHEREAS, composting is a way of nourishing soil while reducing erosion, conserving water, reducing non-point source pollution, decreasing chemical fertilizer use; and

WHEREAS, organic materials make up approximately 30% of the material going to landfills and composting is one of the primary methods communities can use to reach waste diversion goals; and

WHEREAS, community sustainability is enhanced by composting, and curbside collection programs, home composting and leaf mulching are ways households can reduce the volume of waste generated at home; and

WHEREAS, International Compost Awareness Week is a publicity and education initiative to promote compost production and use, by showcasing the importance of compost for healthy soil and clean water, now and for the future.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the week of May 1 to May 7, 2022 as International Compost Awareness Week.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of April, 2022

David J. Kaptain

Mayor

National Crime Victims’ Rights Week

Mayor Pro Tem Steffen read the following proclamation:

PROCLAMATION

WHEREAS, crime victims’ rights acts passed here in Illinois and at the federal level guarantee victims the right to meaningfully participate in the criminal justice process; and

WHEREAS, this commemorative week celebrates the energy, perseverance and commitment that launched the victims’ rights movement, inspired its progress, and continues to advance the cause of justice for crime victims; and

WHEREAS, crime can leave a lasting impact on any person, regardless of age, national origin, race, religion, gender, sexual orientation, immigration, or economic status; and

WHEREAS, victim service providers, advocates, law enforcement officers, attorneys, and other allied professionals can increase access to victim services in areas that have been historically underserved, marginalized, and adversely affected by inequalities by implementing culturally responsive services; and

WHEREAS, National Crime Victims’ Rights Week provides an opportunity to recommit to ensuring that all victims of crime—especially those who are challenging to reach or serve are afforded their rights and receive a trauma-informed response.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the week of April 24 to April 30, 2022 as Crime Victims’ Rights Week, and express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of

crime so that they may find relevant assistance, support, justice, and peace.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of April, 2022

David J. Kaptain

Mayor

Peace Officers Memorial Day Proclamation

Mayor Pro Tem Steffen read the following proclamation:

PROCLAMATION

WHEREAS, May 15 has been designated as National Peace Officers Memorial Day; and

WHEREAS, the members of the Elgin Police Department play an essential role in safeguarding the rights and freedoms of Elgin; and

WHEREAS, it is important that all citizens know and understand the duties of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people; and

WHEREAS, the men and women of the Elgin Police Department unceasingly provide a vital public service.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Wednesday, May 11, 2022, as ELGIN PEACE OFFICERS MEMORIAL DAY as a day to remember those officers who have gone before us, and I hereby order the lowering of the flags flying in front of this facility to Half Mast.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2022.

David J. Kaptain

Mayor

PUBLIC COMMENTS

Jennifer Cook announced the grand re-opening of Cook’s Sweet Boutique in May. She also noted business struggles during the pandemic and various ideas for making business processes friendly.

ORDINANCE G20-22 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS

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

Ordinance No. G20-22

AN ORDINANCE

AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS

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

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

"D. The number of Class B licenses shall not exceed twenty five (25) in number."

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

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

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Passed: April 27; 2022

Vote: Yeas: 8 Nays: 0

Recorded: April 27, 2022

Published: April 27, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

189

APRIL 27, 2022 VOLUME LXXXVII

CONSENT AGENDA

By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to pass Ordinance Nos. T11-22, G17-22 through G19-22 and adopt Resolution Nos. 22-68 through 22-77 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Thoren, and Mayor Pro Tem Steffen. Nays: None.

RESOLUTION 22-68 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH PROVIDING AN UPDATED PARKS AND RECREATION MASTER PLAN

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

Resolution No. 22-68

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH PROVIDING AN UPDATED PARKS AND RECREATION MASTER PLAN

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 SmithGroup, Inc., for professional services in connection with providing an updated parks and recreation master plan, a copy of which is attached hereto and made a part hereof by reference.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-69 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH PINGREE LLC REGARDING CERTAIN PUBLIC IMPROVEMENTS IN HIGHLAND WOODS SUBDIVISION (NEIGHBORHOODS “A, B, C, D, E, F, H, J, K, N AND O”) AND THE FOY PROPERTY

Resolution No. 22-69

RESOLUTION

AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH PINGREE LLC REGARDING CERTAIN PUBLIC IMPROVEMENTS IN HIGHLAND WOODS SUBDIVISION (NEIGHBORHOODS "A, B, C, D, E, F, H, J, K, N AND O") AND THE FOY PROPERTY

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 a First Amendment to Agreement on behalf of the City of Elgin with Pingree LLC, regarding certain public improvements in the Highland Woods Subdivision (Neighborhoods "A, B, C, D, E, F, H, J, K, N and O") and the Foy Property, a copy of which is attached hereto and made a part hereof by reference.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-70 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH FEHR GRAHAM AND ASSOCIATES, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 PARKING LOT AND ALLEY MAINTENANCE PROGRAM

Resolution No. 22-70

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH FEHR GRAHAM AND ASSOCIATES, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 PARKING LOT AND ALLEY MAINTENANCE PROGRAM

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 Fehr Graham and Associates, LLC, for professional services in connection with the 2022 parking lot and alley maintenance program, a copy of which is attached hereto and made a part hereof by reference.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-71 ADOPTED FOR IMPROVEMENT UNDER THE ILLINOIS HIGHWAY CODE FOR THE APPROPRIATION OF 2022 MOTOR FUEL TAX FUNDS IN CONNECTION WITH THE 2022 CENTRAL AREA RESURFACING PROJECT

RESOLUTION 22-71 IS ON FILE IN THE CITY CLERK’S OFFICE.

RESOLUTION 22-72 ADOPTED FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE FOR THE APPROPRIATION OF 2022 MOTOR FUEL TAX FUNDS FOR ANNUAL ROADWAY MAINTENANCE PROGRAM

RESOLUTION 22-71 IS ON FILE IN THE CITY CLERK’S OFFICE.

RESOLUTION 22-73 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE WILL GROUP FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PHASE II LED STREET LIGHT CONVERSION PROJECT

Resolution No. 22-73

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE WILL GROUP FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PHASE II LED STREET LIGHT CONVERSION 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 The Will Group, for professional services in connection with the Phase II led street light conversion project, a copy of which is attached hereto and made a part hereof by reference.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-74 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH BAXTER & WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND FIELD INSPECTION ACTIVITIES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2020-2025

Resolution No. 22-74

RESOLUTION

AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH BAXTER & WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND FIELD INSPECTION ACTIVITIES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2020-2025

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 Baxter & Woodman, Inc., for engineering, permit compliance and field inspection activities in connection with the NPDES Phase II storm water permit compliance project 2020- 2025, a copy of which is attached hereto and made a part hereof by reference.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-75 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH INDEPENDENT MECHANICAL CONTRACTORS, INC. FOR RIVERSIDE WATER TREATMENT PLANT AERATION PIPING REPLACEMENT PROJECT (BID NO. 21-002)

Resolution No. 22-75

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH INDEPENDENT MECHANICAL CONTRACTORS, INC. FOR RIVERSIDE WATER TREATMENT PLANT AERATION PIPING REPLACEMENT PROJECT (BID NO. 21-002)

WHEREAS, the City of Elgin has heretofore entered into a contract with Independent Mechanical Contractors, Inc. for Riverside Water Treatment Plant aeration piping replacement project (Bid No. 21-002); and

WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-76 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION OF MEIJER-BELLE TIRE SUBDIVISION

Resolution No. 22-76

RESOLUTION

APPROVING FINAL PLAT OF SUBDIVISION OF MEIJER-BELLE TIRE SUBDIVISION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision of Meijer-Belle Tire Subdivision, prepared by Cage Civil Engineering, dated August 16, 2021, last revised March 18, 2022.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-77 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CYCLOMEDIA TECHNOLOGY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH PROVIDING 360 DEGREE STREET LEVEL IMAGING AND ASSET EXTRACTION SERVICES

Resolution No. 22-77

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH CYCLOMEDIA TECHNOLOGY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH PROVIDING 360 DEGREE STREET LEVEL IMAGING AND ASSET EXTRACTION SERVICES

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Cyclomedia Technology, Inc., for professional services in connection with providing 360 degree street level imaging and asset extraction services, in a form approved by the Corporation Counsel.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Adopted: April 27, 2022

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE T11-22 PASSED AMENDING THE 2021 BUDGET

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

Ordinance No. T11-22

AN ORDINANCE

AMENDING THE 2021 BUDGET

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

Section 1. That the 2021 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference.

Section 2. That this ordinance shall be in full force and effect from and after its passage.

s/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Passed: April 27; 2022

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: April 27, 2022

Published: April 27, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G17-22 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G63-07 AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1570 NORTH RANDALL ROAD)

Ordinance No. G17-22

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G63-07 AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT

(1570 North Randall Road)

WHEREAS, written application has been made for a conditional use to establish accessory package liquor sales within the convenience store part of the existing motor vehicle service station at 1570 North Randall Road; and

WHEREAS, the zoning lot with the building containing the premises at 1570 North Randall Road is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PORI Planned Office Research Industrial District, established by Ordinance No. G63-07, and ARC Arterial Road Corridor Overlay District, and accessory package liquor sales establishment [SR] (UNCL) is listed as a conditional use within the PORI Planned Office Research Industrial District established by Ordinance No. G63-07; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on February 7, 2022, 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 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 February 7, 2022, 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 an accessory package liquor sales establishment is hereby granted for the property commonly known as 1570 North Randall Road, which is part of the property commonly identified by Kane County Property Index Number 03-31-429-003, and legally described as follows:

LOT 1 IN JOHN PAUL RESUBDIVISION OF LOTS 1 AND 2 IN PAUL COMMERCE CENTER SUBDIVISION A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS DOC. 2009K046951 ON JUNE 6, 2009, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (Commonly known as 1570 North Randall Road)

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

1. Substantial conformance to the Development Application submitted by IB Singh Inc. D/B/A 7-Eleven #33135C, as applicant, and Paul LLC, as property owner, received December 17, 2021 and supporting documents including:

a. Undated Conditional Use Statement of Purpose and Conformance Department of Code Administration City of Elgin, dated received January 24, 2022;

b. Plat of Survey, prepared by United Survey Service, LLC, dated November 18, 2021; and

c. Undated floor plan for store #33135 1570 N. Randall Road Elgin, IL, 60123- 7876, dated received January 27, 2022, 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. The sale of any beer or malt products by the single container is not permitted. The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted.

3. Consumption of alcoholic beverages on the premises is not permitted.

4. All exterior street graphics must comply with the zoning ordinance requirements.

5. 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/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Passed: April 27; 2022

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: April 27, 2022

Published: April 27, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G18-22 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (1 DOUGLAS AVENUE, UNIT 300)

Ordinance No. G18-22

AN ORDINANCE

GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (1 Douglas Avenue, Unit 300)

WHEREAS, written application has been made requesting conditional use approval to establish a commercial event space for activities pertaining to assembly of people at 1 Douglas Avenue, Unit 300; and

WHEREAS, the zoning lot with the building containing the premises at 1 Douglas Avenue, Unit 300 is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the CC1 Center City District, and a commercial event space for activities pertaining to assembly of people is listed as a conditional use within the CC1 Center City District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 7, 2022 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 March 7, 2022, 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 commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 1 Douglas Avenue, Unit 300, which is part of the property commonly identified by Kane County Property Index Numbers 06-14-284-007, 06-14-284-008, and 06-14-284-009, and legally described as follows:

PARCEL 1: The East 1/3 of Lot 6 (except the Northerly 10.00 feet thereof) in Block 16 of The Original Town of Elgin, on the East side of the Fox River, in the City of Elgin, Kane County, Illinois.

PARCEL 2: The East 22.00 feet of the West 44.00 feet (fronting on Chicago Street) of Lot 6 in Block 16 of The Original Town of Elgin, on the East side of the Fox River (excepting that part conveyed to the City of Elgin, by Deed dated March 14, 1867, and recorded April 2, 1883, as Document 23342 in Book 178, page 116), in the City of Elgin, Kane County, Illinois.

PARCEL 3: The West 1/3 of Lot 6 (except the North 9.00 feet thereof) in Block 16 of The Original Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois. (commonly known as 1 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:

6. Substantial conformance to the Development Application submitted by Doree Haight, as applicant, and Douglas Elgin Venture, LLC, as property owner, received January 18, 2022, and supporting documents including:

a. Conditional Use Statement of Purpose and Conformance – Department of Code Administration City of Elgin, received January 18, 2022;

b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 23, 2021;

c. Undated 1-page document titled: “Floorplans”, received January 18, 2022, with such further revisions as required by the Community Development Director; and

d. Undated 3-page floor plans, dated received January 18, 2022, with such further revisions as required by the Community Development Director.

7. Assembly uses permitted by this grant of conditional use shall include:

a. Business Dinners, Breakout Session, Round-Table Discussions, and/or Workshops;

b. Banquets (General);

c. Baby Showers and/or Bridal Showers;

d. Baptisms and/or Christenings;

e. Beer, Wine, Liquor, and/or Food Tastings;

f. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs;

g. Conferences, Conventions, and/or Seminars;

h. Colloquiums;

i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;

j. Corporate and/or Non-profit Events;

k. Couples Night Out Events;

l. Dance Classes, including but not limited to Zumba;

m. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes:

n. Exhibitions, including but not limited to Art Shows;

o. Expositions;

p. Fairs and/or Festivals;

q. Fundraisers;

r. Funeral Services;

s. Galas;

t. Gallery Displays, including but not limited to works of art, either temporary or permanent;

u. Holiday Parties;

v. 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;

w. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings;

x. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga;

y. Networking Events;

z. Plenary or General Sessions;

aa. Political Events;

bb. Press Conferences;

cc. Product Launch Events;

dd. Receptions;

ee. Retreats and Team Buildings Events;

ff. Sip and Paint Nights;

gg. Social Events;

hh. Symposiums;

ii. Themed Events;

jj. Vendor Fairs (Small Local Vendors);

kk. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and

ll. 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. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event.

11. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code.

12. 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/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Passed: April 27; 2022

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: April 27, 2022

Published: April 27, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G19-22 PASSED GRANTING A CONDITIONAL USE TO PERMIT A PROGRAM FOR GRAPHICS (1425 MADELINE LANE)

Ordinance No. G19-22

AN ORDINANCE

GRANTING A CONDITIONAL USE TO PERMIT A PROGRAM FOR GRAPHICS (1425 Madeline Lane)

WHEREAS, written application has been made requesting conditional use approval to permit a program for graphics at 1425 Madeline Lane; and

WHEREAS, the zoning lot with the building containing the premises at 1425 Madeline Lane, is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PGI Planned General Industrial District established by Ordinance No. G60-06 and ARC Arterial Road Corridor Overlay District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 7, 2022 following due notice including by publication; and

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

WHEREAS, the Community Development Department recommends approval of said application, and

WHEREAS, the motion to recommend approval of said application by the Planning and Zoning Commission at its public hearing on March 7, 2022 failed with three (3) votes in favor and four (4) votes against; and

WHEREAS, the City Council of the City of Elgin, Illinois, concurs with the findings and recommendation of the Community Development Department; and

WHEREAS, the City Council of the City of Elgin, Illinois disagrees with the findings and recommendation of 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 PGI Planned General Industrial District pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Recommendation and Findings of Fact, dated March 7, 2022, made by the Community Development Department, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.

Section 2. That a conditional use approval to permit a program for graphics in the PGI Planned General Industrial District is hereby granted for the property commonly known as 1425 Madeline Lane, which is commonly identified by Kane County Property Index Numbers: 03-31-390-001, 03-31-390-002, and 03-31-390-022, and legally described as follows:

Lot 9 in Randall Point Business Park, being a subdivision of part of Fractional Section 5, Township 43 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded on January 11, 2007 as Document Number 2007K005759 and Instrument of Correction recorded February 15, 2007 as Document Number 2007K018464, and also the Northeasterly15,0 feet of Lot 2 , (as measured perpendicular to the Northeasterly line thereof), in the City of Elgin, Kane County, Illinois, (commonly known as 1425 Madeline Lane)

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

13. Substantial conformance to the Development Application submitted by Goldcoast Logistics Group Inc., as applicant and property owner, received February 15, 2022, and supporting documents including:

a. A letter from Dragos Sprinceana, President and CEO Gold Coast Logistics and Gold Coast Global, RE: 1425 Madeline Lane – Elgin Building Signage – Statement of Purpose and Conformance Program for Graphics, dated February 14, 2022;

b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated November 23, 2020;

c. Sign & Flag Pole Plan, Sheet PG. 1, prepared by Silva Architects, dated March 21, 2022, with such further revisions as required by the Community Development Director;

d. Elevations, Sheet PG. 2, prepared by Silva Architects, dated March 21, 2022, with such further revisions as required by the Community Development Director;

e. Monument Sign Landscape Plan, Sheet PG. 6, prepared by Silva Architects, dated March 21, 2022, with such further revisions as required by the Community Development Director;

f. Four-page sign plans for Gold Coast Logistics, including sheets Page: 1, Page: 2, Page: 3, and Page: 4, prepared by The Alphabet Shop, Inc., dated February 18, 2022, with such further revisions as required by the Community Development Director;

g. Undated image of GoldCoast flag, dated received February 15, 2022, with such further revisions as required by the Community Development Director; and h. Undated flag pole light specifications from Hydrel with catalog number “M9410C

A LED P3 40K MVOLT MFL FLC 34B”, received March 21, 2022.

14. A departure is hereby granted to construct one 48-foot high flagpole with a 150- square foot flag.

15. A departure is hereby granted to construct one wall graphic on the north elevation of the building with the maximum of 206.24 square feet in sign surface area.

16. 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/ F. John Steffen

F. John Steffen, Mayor Pro Tem

Presented: April 27, 2022

Passed: April 27; 2022

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: April 27, 2022

Published: April 27, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

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

E-911 Board, March 17 2022

Board of Health, January 13, 2022

Heritage Commission-Design Review, March 8, 2022

Liquor Commission, March 9, 2022

Committee of the Whole, March 23, 2022

City Council, March 23, 2022

Sales Tax Revenue

Telecommunication Tax Revenue

Natural Gas Tax Revenue

Cannabis Revenue

Video Gaming Revenue

Riverboat Revenue

Disbursement Report

ANNOUNCEMENTS

Mayor Pro Tem Steffen made announcements regarding forthcoming meetings.

ADJOURNMENT

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

The meeting adjourned at 7:46 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/7884

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