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Kane County Reporter

Tuesday, November 19, 2024

City of Elgin City Council met Jan. 25

City of Elgin City Council met Jan. 25.

Here are the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on January 25, 2023, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:39 p.m. The Pledge of Allegiance was led by Mayor David Kaptain.

ROLL CALL

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

MINUTES OF THE JANUARY 11, 2023, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Shaw made a motion, seconded by Councilmember Good, to approve the January 11, 2023, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PUBLIC COMMENTS

Betsy Couture spoke about keeping a historic silo in the area on North Grove that is being redeveloped.

BID 22-062 AWARDED TO D & J LANDSCAPE INC. FOR THE CORNERSTONE PARK RENOVATION

Councilmember Steffen made a motion, seconded by Councilmember Dixon, to award a contract to D & J Landscape Inc. in the amount of $338,167 to utilize Community Development Block Grant funds to renovate Cornerstone Park. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 22-064 AWARDED TO LAYNE CHRISTENSEN COMPANY FOR WELL 1 REHABILITATION AND WELL 1A INSPECTION

Councilmember Thoren made a motion, seconded by Councilmember Steffen, to award a contract to Layne Christensen Company in the amount of $684,920 to rehabilitate Slade Well Field Deep Well 1 and inspect Airlite Well Field Deep Well 1A in order to ensure a sufficient source of water supply for the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

CONSENT AGENDA

By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Dixon, to pass Ordinance Nos. G3-23 through G8-23 and adopt Resolution Nos. 23-3 through 23-9 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 23-3 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION OF HIGH STREET TOLLGATE

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

Resolution No. 23-3

RESOLUTION

APPROVING FINAL PLAT OF SUBDIVISION OF HIGH STREET TOLLGATE

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision of High Street Tollgate, prepared by Haeger Engineering, dated August 20, 2021, last revised September 27, 2022.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Adopted: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 23-4 ADOPTED AUTHORIZING APPROVAL OF THE PURCHASE OF BULK ROAD SALT FROM COMPASS MINERALS AMERICA, INC. THROUGH THE STATE OF ILLINOIS JOINT PURCHASING PROGRAM FOR THE 2022/2023 WINTER SEASON

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

Resolution No. 23-4

RESOLUTION

AUTHORIZING APPROVAL OF THE PURCHASE OF BULK ROAD SALT FROM COMPASS MINERALS AMERICA, INC. THROUGH THE STATE OF ILLINOIS JOINT PURCHASING PROGRAM FOR THE 2022/2023 WINTER SEASON

WHEREAS, the City recently participated in a joint bid for the purchase of bulk road salt through the State of Illinois Central Management Joint Purchasing Program; and

WHEREAS, the State’s 2022/2023 contract for bulk road salt was awarded to Compass Minerals America, Inc.

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 approve the purchase of bulk road salt from Compass Minerals through the State of Illinois Central Management Services JPMC Rock Salt Bulk Contract, FY23 22-416CMS

BOSS4-P-43046 for the 2022/2023 winter season in the total amount not to exceed $609,000.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Adopted: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 23-5 ADOPTED AUTHORIZING APPROVAL TO ENTER INTO A PROCUREMENT COMMITMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES FOR THE PURCHASE OF BULK ROAD SALT FOR THE 2023/2024 WINTER SEASON

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

Resolution No. 23-5

RESOLUTION

AUTHORIZING APPROVAL TO ENTER INTO A PROCUREMENT COMMITMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES FOR THE PURCHASE OF BULK ROAD SALT FOR THE 2023/2024 WINTER SEASON

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 approve the procurement commitment on behalf of the City of Elgin with the State of Illinois Department of Central Management Services, for the purchase of bulk road salt for the 2023/2024 winter season.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Adopted: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 23-6 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH BOLDER CONTRACTORS, INC. FOR THE BLUFF CITY BOULEVARD COMBINED SEWER SEPARATION PROJECT – PHASE III (BID NO. 22-026)

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

Resolution No. 23-6

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH BOLDER CONTRACTORS, INC. FOR THE BLUFF CITY BOULEVARD COMBINED SEWER SEPARATION PROJECT – PHASE III

(BID NO. 22-026)

WHEREAS, the City of Elgin has heretofore entered into a contract with the Bolder Contractors, Inc. for the Bluff City Boulevard combined sewer separation project – Phase III (Bid No. 22-026); and

WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 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, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Adopted: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 23-7 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOLIDATED CONSULTING ENGINEERS FOR PROFESSIONAL SERVICES IN CONNECTION WITH PROVIDING MECHANICAL AND ELECTRICAL ENGINEERING SERVICES RELATED TO VARIOUS HVAC, ELECTRICAL AND ASSOCIATED REPAIR OR REPLACEMENT PROJECTS FOR CITY FACILITIES

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

Resolution No. 23-7

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOLIDATED CONSULTING ENGINEERS FOR PROFESSIONAL SERVICES IN CONNECTION WITH PROVIDING MECHANICAL AND ELECTRICAL ENGINEERING SERVICES RELATED TO VARIOUS HVAC, ELECTRICAL AND ASSOCIATED REPAIR OR REPLACEMENT PROJECTS FOR CITY FACILITIES

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 Consolidated Consulting Engineers, for professional services in connection with providing mechanical and electrical engineering services related to various HVAC, electrical and associated repair or replacement projects for City facilities, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Adopted: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 23-8 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH ANDRES MEDICAL BILLING, LTD. FOR EMERGENCY MEDICAL SERVICE BILLING AND MANAGEMENT REPORTING

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

Resolution No. 23-8

RESOLUTION

AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH ANDRES MEDICAL BILLING, LTD. FOR EMERGENCY MEDICAL SERVICE BILLING AND MANAGEMENT REPORTING

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 Third Amendment Agreement on behalf of the City of Elgin with Andres Medical Billing, Ltd., for emergency medical service billing and management reporting, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Adopted: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 23-9 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRADFORD SYSTEMS CORPORATION FOR THE PURCHASE AND REPLACEMENT OF EVIDENCE AND CELL PHONE STORAGE LOCKERS

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

Resolution No. 23-9

RESOLUTION

AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRADFORD SYSTEMS CORPORATION FOR THE PURCHASE AND REPLACEMENT OF EVIDENCE AND CELL PHONE STORAGE LOCKERS

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 Agreement on behalf of the City of Elgin with Bradford Systems Corporation, for the purchase and replacement of evidence and cell phone storage lockers, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Adopted: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G3-23 PASSED AMENDING CHAPTER 3.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “BOARD OF FIRE AND POLICE COMMISSIONERS”

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

Ordinance No. G3-23

AN ORDINANCE

AMENDING CHAPTER 3.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS"

WHEREAS, the City Council has determined to amend the qualifications for the original appointments of police officers to the police department and to award certain preference points in connection with the original appointments of police officers to the police department; and

WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution, and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the qualifications for hiring of police officers and preference points for the initial hiring of police officers to the police department pertain to the government and affairs of the City of Elgin.

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

Section 1. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, entitled "Duties; Appointments; Exceptions:" be and is hereby further amended by amending subparagraph I thereof and adding a new subparagraph J thereto to read as follows:

"I. No person shall be appointed to the police department if he or she does not possess a high school diploma or an equivalent high school education.

J. The following qualifications shall be considered as preferred for original appointments as a police officer to the police department and shall be awarded the following preference points:

1. Persons who are certified police officers in good standing and who are currently employed as full time sworn officers of a regular police department in any municipal, county, university or state law enforcement agency with at least three (3) years of full-time police experience: three (3) points.

2. Persons who have any one of the following educational qualifications: a bachelor's degree, associate's degree, 60 college credit hours or a trade school diploma from accredited college, university or trade school: three (3) points.

3. Persons who are currently employed full time with the City of Elgin with at least three (3) years full time employment with the City: three (3) points.

4. Persons who are certified by the City or by a third party selected by the City to be multilingual, i.e., that in addition to English such person is proficient in Spanish, sign language or such additional language(s) as determined and established by the Board of Fire and Police Commissioners in its rules and regulations: three (3) points.

5. Persons who have been awarded a certificate attesting successful completion of training on not less than forty (40) hours in non-violence, mediation or de-escalation tactics from an accredited college, university, governmental unit or other certified and recognized training program: three (3) points.

6. Persons who are currently residing and have resided in the City of Elgin for at least one (1) year (i.e., maintaining their bona fide and principal residence in the City of Elgin): three (3) points.

7. Persons who have engaged in the active military and naval service of the United States for a period of at least one (1) year and who are honorably discharged therefrom: five (5) points.

8. Persons who have participated in the Elgin Police Department Explorer Program with at least three (3) years of experience with not less than 300 hours of volunteer time in such program: three (3) points.

9. Persons with documented professional employment or voluntary community service with a recognized social service agency or community organization with at least three (3) years of professional employment or voluntary service participation in such program and with not less than 300 hours of volunteer time in such program: three (3) points.

Notwithstanding the foregoing, the total cumulative amount of preference points awarded to any person who receives veteran’s preference points under subsection 7 above shall not exceed a total of fourteen (14) preference points, and the total cumulative amount of preference points awarded to any other person shall not exceed a total of twelve (12) preference points.

Section 2. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by re-lettering the existing subparagraphs J and K as subparagraphs K and L.

Section 3. 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 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Passed: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: January 25, 2023

Published: January 25, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G4-23 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS

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

Ordinance No. G4-23

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 P thereof to read as follows:

"P. The number of Class F licenses shall not exceed nine (9) in number.”

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

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Passed: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: January 25, 2023

Published: January 25, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G5-23 PASSED AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G19-10, AS AMENDED BY ORDINANCES NO. G2-13 AND G64-21 (581 NORTH MCLEAN BOULEVARD)

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

Ordinance No. G5-23

AN ORDINANCE

AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G19-10, AS AMENDED BY ORDINANCES NO. G2-13 AND G64-21

(581 North Mclean Boulevard)

WHEREAS, the territory described herein has been classified in the PAB Planned Area Business District, and is subject to the requirements of Ordinance No. G19-10; and

WHEREAS, by adopting Ordinance No. G2-13 on January 9, 2013, the City Council amended Ordinance No. G19-10 to permit the construction of a motor vehicle repair shop specifically related to automobile windshield installation and repair within the subdivision commonly known as Wing Park Shopping Center; and

WHEREAS, by adopting Ordinance No. G64-21 on December 15, 2021, the City Council further amended Ordinance No. G19-10, as amended by Ordinance No. G2-13, to grant a departure from the parking requirement to allow the establishment of any permitted use in the PAB District without the need to provide additional parking spaces, and

WHEREAS, written application has been made to amend certain provisions of Ordinance No. G19-10, as amended by Ordinances No. G2-13 and No. G64-21, to allow a departure from the parking requirements for the establishment of a membership organization with a commercial event space for activities pertaining to the assembly of people, an eating place, and a drinking place at 581 North McLean Boulevard; and

WHEREAS, the zoning lot with the building containing the premises at 581 North McLean Boulevard is legally described in Section 2 of Ordinance No. G19-10 (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 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 an amendment to the PAB Planned Area Business District established by Ordinance No. G19-10, as amended by Ordinances No. G2-13 and No. G64-21, pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 5, 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 Section 2. H. of Ordinance No. G64-21, which regulates “Off-street Parking” in the PAB Planned Area Business District of the Subject Property, is hereby amended to include the following additional condition:

2. Notwithstanding the Section 2. H. 1. above, a departure is hereby granted to allow the establishment of a membership organization with a commercial event space for activities pertaining to the assembly of people, an eating place, and a drinking place at 581 North McLean Boulevard on the Subject Property without the requirement to provide additional parking spaces, provided a minimum of 319 parking spaces are located on the Subject Property.

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. G19-10, as amended by Ordinances No. G2-13 and G64-21. In the event of any conflict between this ordinance, Ordinance No. G19-10, Ordinance No. G2-13, and Ordinance No. G64-21, 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: January 25, 2023

Passed: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: January 25, 2023

Published: January 25, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G6-23 PASSED GRANTING A CONDITIONAL USE FOR A MEMBERSHIP ORGANIZATION AND A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (581 NORTH MCLEAN BOULEVARD)

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

Ordinance No. G6-23

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A MEMBERSHIP ORGANIZATION AND A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT

(581 North McLean Boulevard)

WHEREAS, written application has been made requesting conditional use approval to establish a membership organization and commercial event space for activities pertaining to the assembly of people with an eating place and a drinking place at 581 North McLean Boulevard; and

WHEREAS, the zoning lot with the building containing the premises at 581 N. McLean Boulevard is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PAB Planned Area Business District established by Ordinance No. G19-10, as amended by Ordinances No. G2-13, No. G64- 21 and G5-23, and a membership organization and a commercial event space for activities pertaining to the assembly of people are listed as a conditional use within the PAB Planned Area Business District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 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 PAB Planned Area Business District pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 5, 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 to establish a membership organization and a commercial event space for activities pertaining to the assembly of people is hereby granted for the property commonly known as 581 North McLean Boulevard, which is part of the property commonly identified by Kane County Property Index Number 06-10-451-019, and legally described as follows:

Lot 2 in Wing Park Manor Addition-Resubdivision No. 1 being a subdivision of lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 in block 4 of Wing Park Manor Addition (except that part of lots 1 and 23 dedicated for public highway as shown on plat of dedication recorded July 14, 1976 as document number 1370262) in the City of Elgin, Kane County, Illinois. (commonly known as 551-585 North McLean Boulevard, 554-590 Weston Avenue, and 1341-1363 Manor Court)

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

3. Substantial conformance to the Development Application submitted by, Watch City VFW Post 1307, as applicant, and Elgin Improvement LLC, as property owner, received September 9, 2021, and supporting documents including:

a. Undated letter from Shawn Ayers, Commander, Veterans of Foreign Wars Watch City Post 1307, received November 2, 2022;

b. ALTA/NSPS Land Title Survey Wing Park Shopping Center, prepared by Sarko Engineering Inc., dated last revised November 22, 2017; and

c. Architectural plan set for VFW Post 1307 Interior Buildout, prepared by Aiello Architecture Design, dated July 21, 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.

4. 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.

5. 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.

6. 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.

7. 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.

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

9. 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: January 25, 2023

Passed: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: January 25, 2023

Published: January 25, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G7-23 PASSED AMENDING ORDINANCE NO. G12-15 WHICH GRANTED A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AT AN EXISTING GENERAL MERCHANDISE STORE (725 WEST CHICAGO STREET)

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

Ordinance No. G7-23

AN ORDINANCE

AMENDING ORDINANCE NO. G12-15 WHICH GRANTED A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AT AN EXISTING GENERAL MERCHANDISE STORE

(725 West Chicago Street)

WHEREAS, by adopting Ordinance No. G12-15 on May 6, 2015, the City Council granted a conditional use for accessory package liquor sales at an existing general merchandise store at 725 West Chicago Street, and

WHEREAS, written application has been made to amend Ordinance No. G12-15 to allow street graphics advertising the sale of alcohol on the premises, and to allow sales of package beer in either bottles or cans as a single unit; and

WHEREAS, the zoning lot with the building containing the premises at 725 West Chicago Street is legally described in Section 2 of Ordinance No. G12-15; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 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 an amendment to conditional use Ordinance No. G12-15 pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 5, 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 condition 5. of Section 2. of Ordinance No. G12-15 is hereby deleted in its entirety.

Section 3. That condition 6. of Section 2. of Ordinance No. G12-15 is hereby deleted in its entirety.

Section 4. That except as amended herein, the conditional use for accessory package liquor sales at an existing general merchandise store located at 725 West Chicago Street shall be controlled pursuant to the provisions of Ordinance No. G12-15. In the event of any conflict between this ordinance and Ordinance No. G12-15, this ordinance and associated documents shall control and prevail.

Section 5. 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: January 25, 2023

Passed: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: January 25, 2023

Published: January 25, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G8-23 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT (63 DOUGLAS AVENUE, UNIT 201)

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

Ordinance No. G8-23

AN ORDINANCE

GRANTING A CONDITIONAL USE TO ESTABLISH A TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT

(63 Douglas Avenue, Unit 201)

WHEREAS, written application has been made requesting conditional use approval to establish a tattoo parlor at 63 Douglas Avenue, Unit 201; and

WHEREAS, the zoning lot with the building containing the premises at 63 Douglas Avenue, Unit 201 is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the CC1 Center City District, and a tattoo parlor 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 December 5, 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 December 5, 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 tattoo parlor is hereby granted for the property commonly known as 63 Douglas Avenue, Unit 201, which is part of the property commonly identified by Kane County Property Index Number 06-14-280-006, and legally described as follows:

That part of the North 110.00 Feet of Lot 5 in Block 17 of the original town of Elgin, on the East side of Fox River lying West right of way line of Chicago and Northwestern railway company, in the City of Elgin, Kane county, Illinois (commonly known as 53-63 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:

10. Substantial conformance to the Development Application submitted by Kamila Perrin, as applicant, and Cuming Holdings LLC, as property owner, received November 1, 2022 and supporting documents including:

a. Undated Conditional Use Statement of Purpose and Conformance, received November 7, 2022;

b. Iron Wings Tattoo Business Plan, Kamila “Lariyah” Perrin, Owner Created on October 13th, 2022;

c. Plat of Survey, prepared by Marchese Surveying, Inc., dated February 10, 2000;

d. Undated Main Floor Plan, received November 7, 2022, with such further revisions as required by the Community Development Director; and

e. Undated Iron Wings Tattoo, LLC. – 63 Douglas Ave #201, Elgin IL 60120. Projected Floor Plan, received October 16, 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.

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

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/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 25, 2023

Passed: January 25, 2023

Omnibus Vote: Yeas: 8 Nays: 0

Recorded: January 25, 2023

Published: January 25, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

Councilmember Powell 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, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

Board of Health, October 11, 2022

Cultural Arts Commission, December 12, 2022

Fire Pension Board, October 19, 2022

Heritage Commission Design Review Subcommittee, December 13, 2022

Human Relations Commission, December 6, 2022

Committee of the Whole, December 21, 2022

City Council, December 21, 2022

Sales Tax Revenue

Hotel/Motel Tax Revenue

Telecommunication Tax Revenue

Motor Fuel Tax Revenue

Cannabis Revenue

Video Gaming Revenue

Alcoholic Liquor Tax Revenue

Riverboat Revenue

Disbursement Report

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

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

The meeting adjourned at 8:45 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/8256

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