COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING

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1 SEPTEMBER 27, 2017 VOLUME LXXXII COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on September 27, 2017, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:06 p.m. The Invocation was given by Reverend Janie McCutchen from the Second Baptist Church and the Pledge of Allegiance was led by Police Chief Jeff Swoboda. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE SEPTEMBER 13, 2017, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Kane County Association for Home and Community Education Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Illinois Association for Home and Community Education was organized under the name Illinois Home Bureau Federation for the purpose of improving rural living and family and community life; and WHEREAS, Illinois Association for Home and Community Education was initiated in July, 1915; an Advisor was hired by the University of Illinois to develop a home improvement association. Kane County joined this University of Illinois Extension program in 1918; and 326

2 VOLUME LXXXII SEPTEMBER 27, 2017 WHEREAS, Illinois Association for Home and Community Education evolved from Kane County Home Bureau Federation to Kane County Homemakers Education Association to the 2008 change, Kane County Association for Home and Community Education; and WHEREAS, Kane County Association for Home and Community Education is based at the University of Illinois Extension, 535 Randall Road, St. Charles, Illinois; and WHEREAS, Kane County Association for Home and Community Education is dedicated to addressing the issues of community outreach, cultural enrichment, family living, international study, public relations and community involvement for the entire population of Kane County, regardless of race color, national origin, sex, age or creed. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, congratulate the Plato Center Unit of Kane County Association for Home and Community Education and designate the week of October 8-14 as HCE week. IN WITNESS WHEREOF, I have hereunto set my hand this 27th Day of September, David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Mayor Kaptain congratulated City Engineer Joe Evers on his upcoming retirement. The Mayor highlighted his major accomplishments and wished him well in his future endeavors. Joe Evers thanked the council, staff, family and friends for the support during his time with the city. Hank Lubo addressed the council regarding the approval item number nine on the agenda relating to the lease with Center City Apartments. BID AWARDED TO ALL SERVICE CONTRACTING CORP. FOR GRANULAR ACTIVATED CARBON FILTER MEDIA REMOVAL AND REPLACEMENT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award the Granular Activated Carbon Filter Media Removal and Replacement bid to All Service Contracting Corp. in the amount of $125,968. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 327

3 SEPTEMBER 27, 2017 VOLUME LXXXII CONTRACT AWARDED TO IONWAVE TECHNOLOGIES THROUGH THE INTERLOCAL PURCHASING SYSTEM COOPERATIVE FOR ELECTRONIC SUPPLIER BIDDING SOFTWARE Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a five-year contract to Ionwave Technologies in the amount of $69,063 for electronic bidding software through the TIPS Cooperative Agreement in order to provide cloud-based software to facilitate electronic bidding and vendor self-identification for the city s Responsible Bidder Ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR PETITION 20-16, AN APPLICATION FOR THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENTS TO THE PSFR2 AND PCF PLANNED DEVELOPMENT ORDINANCES, AND APPROVAL OF THE PRELIMINARY PLAT AND FINAL PLATS FOR UNITS 1 AND 2, ALL FOR THE PONDS OF STONY CREEK AT 4001 MCDONALD ROAD Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, provided an overview of Petition which would grant certain amendments and approval of certain plats for the Ponds of Stony Creek at 4001 McDonald Road. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was discussion regarding the maintenance of the bike path, the use of sprinklers, stormwater, and the updated traffic study. The Mayor recognized the following individuals to make comments on the petition. Patsy Smith asked about the updated impact and traffic studies. She stated her concerns regarding the safety of a curve on McDonald Road and the possible impact on traffic from the development. Dominick Bruno stated his concerns regarding the response time for emergency services to the new development. Josh Nelson stated his concerns about the impact the development may have on Corron Farm and the habitats that are on this property. Aubrey Neville noted his concerns about the safety of McDonald Road with the new development. Mary Fredrick stated her concerns regarding the maintenance of McDonald Road and if there would be additional turn lanes for the development. 328

4 VOLUME LXXXII SEPTEMBER 27, 2017 Barbara Wojnicki stated concerns regarding traffic, maintaining open space and public safety services. Peter Bazos, attorney for the petitioner, answered the questions regarding the updated studies, including stormwater, traffic and preservation. There was discussion regarding the maintenance of McDonald Road, changes to the S curve, increases to easements, the width of the streets, delivery of emergency services, open space and lighting. Mayor Kaptain declared the public hearing closed. PETITION APPROVED FOR THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENTS TO THE PSFR2 AND PCF PLANNED DEVELOPMENT ORDINANCES, AND APPROVAL OF THE PRELIMINARY PLAT AND FINAL PLATS FOR UNITS 1 AND 2, ALL FOR THE PONDS OF STONY CREEK AT 4001 MCDONALD ROAD Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION APPROVED FOR CONDITIONAL USE TO ESTABLISH AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED (BUMBLE BEE PLAY CAFÉ) AT 1015 N. RANDALL ROAD Marc Mylott, Community Development Director, provided an overview of Petition which would grant a conditional use for amusement and recreational service at 1015 N. Randall Road. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 329

5 SEPTEMBER 27, 2017 VOLUME LXXXII ORDINANCE G45-17 PASSED GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1015 NORTH RANDALL ROAD) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G45-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1015 North Randall Road) WHEREAS, written application has been made requesting conditional use approval to establish an amusement and recreational service, not elsewhere classified (indoor play café for children) at 1015 North Randall Road; and WHEREAS, the zoning lot with the building containing the premises at 1015 North Randall Road is legally described herein (the Subject Property ); and WHEREAS, the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and an amusement and recreational service, not elsewhere classified is listed as a similar use within the AB Area Business District; and WHEREAS, the amusement and recreational service, not elsewhere classified as described in the written application for a conditional use at 1015 North Randall Road is most similar to the coin operated amusement establishments (7993) listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on September 11, 2017 following due notice by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and 330

6 VOLUME LXXXII SEPTEMBER 27, 2017 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the AB 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 September 11, 2017, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for an amusement and recreational service, not elsewhere classified (indoor play café for children) is hereby granted for the property commonly known as 1015 North Randall Road and commonly identified by Kane County Property Identification Number (PIN) , and legally described as follows: THE SOUTHERLY FEET OF LOT 573, AS MEASURED ALONG THE EASTERLY LINE THEREOF, THE SOUTHERLY FEET OF LOTS 574 THROUGH 577, INCLUSIVE, AND THE SOUTHERLY FEET OF THE WESTERLY FEET OF LOT 578, ALSO PART OF LOTS 569 THROUGH 572, INCLUSIVE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 572, THENCE NORTH 69 DEGREES 26 MINUTES 25 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 572, A DISTANCE OF FEET TO A LINE THAT IS PARALLEL WITH THE EASTERLY LINE OF LOTS 570 THROUGH 572, INCLUSIVE, THENCE NORTH 20 DEGREES 33 MINUTES AND 35 SECONDS EAST, A DISTANCE OF FEET TO A LINE THAT IS FEET, MEASURED AT RIGHT ANGLES, SOUTHERLY AND PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 570; THENCE SOUTH 69 DEGREES 26 MINUTES 25 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF FEET TO A LINE THAT IS FEET. MEASURED AT RIGHT ANGLES, WESTERLY AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 570; THENCE NORTH 20 DEGREES 33 MINUTES 35 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF FEET TO A LINE THAT IS 1.30 FEET, MEASURED AT RIGHT ANGLES, NORTHERLY AND PARALLEL WITH SAID NORTHERLY LINE OF LOT 570; THENCE SOUTH 69 DEGREES 26 MINUTES 25 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF FEET TO THE EASTERLY LINE OF SAID LOT 569; THENCE SOUTH 20 DEGREES 33 MINUTES 35 SECONDS WEST, ALONG SAID EASTERLY LINE OF LOTS 569 THROUGH 572, A DISTANCE OF FEET TO THE POINT OF BEGINNING, 331

7 SEPTEMBER 27, 2017 VOLUME LXXXII CONTAINING 93, S.F. MORE OR LESS, ALL BEING IN VALLEY CREEK UNIT NO. 15, BEING A RESUBDIVISION OF LOTS 565 AND 566 OF VALLEY CREEK UNIT NO. 14, BEING A SUBDIVISION OF PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 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 Silva Architects, Ltd., as applicant, and Jimmy (James) IL Hong, as property owner, received July 28, 2017 and supporting documents including: a. Conditional Use Statement of Purpose and Conformance Children s Amusement & Recreational Service Facility, prepared by Silva Architects, Ltd., dated July 27, 2017; b. A response letter from Silva Architects, Ltd., dated July 31, 2017; c. ALTA/ACSM Land Title Survey, prepared by Landmark Engineering Group, dated September 13, 2006; d. Preliminary Zoning Review Site & Parking Plan Exhibit, prepared by Silva Architects, dated July 27, 2017; e. Preliminary Zoning Review Schematic Floor Plan Exhibit, prepared by Silva Architects, dated July 27, 2017; f. Preliminary Zoning Review Exterior Elevation & Sign Exhibit, prepared by Silva Architects, dated July 27, 2017; g. Undated Play Space Equipment Plans, received August 2, 2017; h. Undated Landscaping Plan, received August 17, 2017; i. Plumbing Plan and Notes, prepared by William Pavlecic and Associates, dated February 14, 1997; j. Fire Protection Plan, Notes & Riser Diagram, prepared by William Pavlecic and Associates, dated February 14, 1997, last revised April 27, 1997; and k. Foundation Plan, prepared by William Pavlecic and Associates, dated February 14, 1997, last revised April 27, 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. All exterior street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. 332

8 VOLUME LXXXII SEPTEMBER 27, 2017 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: September 27, 2017 Passed September 27, 2017 Vote: Yeas: 9 Nays: 0 Recorded: September 27, 2017 Published: September 29, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED ESTABLISHING AN HONORARY STREET NAME OF FREDERICK J. STEFFEN WAY ON DOUGLAS AVENUE FROM HIGHLAND AVENUE TO CHICAGO STREET Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. 333 Resolution No RESOLUTION ESTABLISHING AN HONORARY STREET NAME OF FREDERICK J. STEFFEN WAY ON DOUGLAS AVENUE FROM HIGHLAND AVENUE TO CHICAGO STREET WHEREAS, a formal application to provide for the establishment of the honorary street name of Frederick J. Steffen Way on Douglas Avenue from Highland Avenue to Chicago Street was submitted to the City of Elgin with a letter of support from Councilwoman Rosamaria Martinez; and WHEREAS, Frederick J. Steffen attended and graduated from The John Marshall Law School and thereafter practiced law in the City of Elgin for many years; and WHEREAS, Frederick J. Steffen contributed to the mission and success of the Elgin Housing Authority by serving as its first corporation counsel; and

9 SEPTEMBER 27, 2017 VOLUME LXXXII WHEREAS, Frederick J. Steffen served on the City of Elgin's Planning and Zoning Commission during the Civil Rights movement and desegregation; and WHEREAS, Frederick J. Steffen was instrumental through his work with First Congregational Church in fundraising to purchase Franklin School from U-46 and donated the facility to the Community Crisis Center; and WHEREAS, the members of the Elgin Image Advisory Commission have recommended approval of the honorary street name for Frederick J. Steffen; and WHEREAS, the Mayor and members of the City Council wish to extend the appreciation and esteem of all Elgin citizens for Frederick J. Steffen's outstanding service to the community; and WHEREAS, the Mayor and members of the City Council have determined that it is appropriate to formally recognize Frederick J. Steffen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby established the honorary street name of Frederick J. Steffen Way on Douglas Avenue from Highland Avenue to Chicago Street. BE IT FURTHER RESOLVED that an honorary street sign shall be placed at the southeast corner of the intersection of Douglas Avenue and Highland Avenue designating Douglas Avenue from Highland Avenue to Chicago Street as Frederick J. Steffen Way. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 334

10 VOLUME LXXXII SEPTEMBER 27, 2017 RESOLUTION ADOPTED ESTABLISHING AN HONORARY STREET NAME OF HON. MANUEL BARBOSA WAY ON DOUGLAS AVENUE FROM HIGHLAND AVENUE TO DIVISION STREET Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION ESTABLISHING AN HONORARY STREET NAME OF HON. MANUEL BARBOSA WAY ON DOUGLAS AVENUE FROM HIGHLAND AVENUE TO DIVISION STREET 335 Resolution No WHEREAS, a formal application to provide for the establishment of the honorary street name of Hon. Manuel Barbosa Way on Douglas Avenue from Highland Avenue to Division Street was submitted to the City of Elgin with a letter of support from Councilwoman Rosamaria Martinez; and WHEREAS, Manuel Barbosa graduated from St. Edward High School, and attended The John Marshal Law School. After graduation from law school Mr. Barbosa worked as a Kane County Assistant State's Attorney and thereafter went into private practice in the City of Elgin for 20 years; and WHEREAS, Manuel Barbosa served as the first chairman of the Illinois Human Rights Commission, a title he held for eighteen years; and WHEREAS, Manuel Barbosa was the first Hispanic bankruptcy judge to serve in the U.S. Northern District of Illinois; and WHEREAS, Manuel Barbosa continues to serve the community including by welcoming new citizens of the United States during the Elgin city council's new citizen ceremony; and WHEREAS, the members of the Elgin Image Advisory Commission have recommended approval of the honorary street name for Manuel Barbosa; and WHEREAS, the Mayor and members of the City Council wish to extend the appreciation and esteem of all Elgin citizens for Manuel Barbosa's outstanding service to the community; and WHEREAS, the Mayor and members of the City Council have determined that it is appropriate to formally recognize the Honorable Manuel Barbosa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby established the honorary street name of Hon. Manuel Barbosa Way on Douglas Avenue from Highland Avenue to Division Street.

11 SEPTEMBER 27, 2017 VOLUME LXXXII BE IT FURTHER RESOLVED that an honorary street sign shall be placed at the northeast corner of the intersection of Douglas Avenue and Highland Avenue designating Douglas Avenue from Highland Avenue to Division Street as Hon. Manuel Barbosa Way. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AMENDMENT TO REAL ESTATE AGREEMENT WITH COLUMBINE HOMEOWNERS ASSOCIATION FOR THE REMOVAL AND INSTALLATION OF STOP SIGNS Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne abstained. Resolution No RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO REAL ESTATE AGREEMENT WITH COLUMBINE HOMEOWNERS ASSOCIATION FOR THE REMOVAL AND INSTALLATION OF STOP SIGNS 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 Amendment to Real Estate Agreement on behalf of the City of Elgin with Columbine Homeowners Association for the removal and installation of stop signs, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 336

12 VOLUME LXXXII SEPTEMBER 27, 2017 Presented: September 27, 2017 Adopted: September 27, 2017 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM Resolution No BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section B(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, be and is hereby authorized and directed to accept the proposals on behalf of the City of Elgin for the city s insurance program commencing October 1, 2017 as follows: a. To accept Travelers renewal proposal for liability and crime insurance for an annual premium of $550,608. b. To accept Safety National s renewal proposal for excess workers compensation insurance for an annual premium of $229,373. c. To accept Indian Harbor's renewal proposal for pollution liability insurance for a three year premium of $74,768. d. To accept Claim Management s renewal proposal for workers compensation claims administration for an estimated annual cost of $48,

13 SEPTEMBER 27, 2017 VOLUME LXXXII 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 a service agreement with Claim Management Consultants, LLC dated October 1, 2017, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ASSIGNMENT AND ASSUMPTION OF GROUND LEASE AGREEMENT WITH CHICAGO TITLE LAND TRUST COMPANY AS SUCCESSOR TRUSTEE, MZB2, LLC, AS SUCCESSOR-IN-INTEREST TO CERTAIN PRIOR BENEFICIARIES OF THE SELLER, VIJULIMA, LLC CENTER CITY SERIES AND THE CITY OF ELGIN ( DIVISION STREET) There was discussion regarding the elevator service, rental license inspection and if there were any outstanding code issues. Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 338 Resolution No RESOLUTION AUTHORIZING EXECUTION OF AN ASSIGNMENT AND ASSUMPTION OF GROUND LEASE AGREEMENT WITH CHICAGO TITLE LAND TRUST COMPANY AS SUCCESSOR TRUSTEE, MZB2, LLC, AS SUCCESSOR-IN-INTEREST TO CERTAIN PRIOR BENEFICIARIES OF THE SELLER, VIJULIMA, LLC CENTER CITY SERIES AND THE CITY OF ELGIN ( Division Street) 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 an Assignment and Assumption of Ground Lease Agreement on behalf of the City of Elgin with

14 VOLUME LXXXII SEPTEMBER 27, 2017 Chicago Title Land Trust Company as successor trustee, MZB2, LLC, as successor-in-interest to certain prior beneficiaries of the Seller, Vijulima, LLC Center City Series and the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass Ordinance Nos. G41-17 through G44-17 and adopt Resolution Nos through by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRAND ASSOCIATES, INC. FOR ENGINEERING DESIGN AND BIDDING- RELATED SERVICES TO DESIGN THE GRAVITY SEWER REPLACEMENT TO FRWRD PUMP STATION 31 ON LOWER WELLINGTON AVENUE Councilmember Gavin made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRAND ASSOCIATES, INC. FOR ENGINEERING DESIGN AND BIDDING-RELATED SERVICES TO DESIGN THE GRAVITY SEWER REPLACEMENT TO FRWRD PUMP STATION 31 ON LOWER WELLINGTON AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section B(9) the City Council hereby finds that an 339

15 SEPTEMBER 27, 2017 VOLUME LXXXII 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 Strand Associates, Inc. for engineering design and bidding-related services to design the gravity sewer replacement to FRWRD Pump Station 31 on Lower Wellington Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE DISTRIBUTION SYSTEM PRESSURE STUDY-2017 Councilmember Gavin made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE DISTRIBUTION SYSTEM PRESSURE STUDY-2017 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 Engineering 340

16 VOLUME LXXXII SEPTEMBER 27, 2017 Enterprises, Inc. for engineering services in connection with the distribution system pressure study-2017, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G41-17 PASSED CREATING A NEW CHAPTER OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "OVERWEIGHT AND OVERSIZED VEHICLES" Councilmember Gavin made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 341 Ordinance No. G41-17 AN ORDINANCE CREATING A NEW CHAPTER OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED OVERWEIGHT AND OVERSIZED VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled Vehicles and Traffic, be and is hereby amended by adding a new Chapter 11.54, entitled Overweight and Oversized Vehicles, to read as follows: Chapter OVERWEIGHT AND OVERSIZED VEHICLES : REGULATIONS ADOPTED: : DEFINITIONS: : VIOLATIONS: : PERMITS FOR EXCESS SIZE AND WEIGHT: : EXCEPTIONS:

17 SEPTEMBER 27, 2017 VOLUME LXXXII : PENALTIES: REGULATIONS ADOPTED: The regulations of 625 Illinois Compiled Statutes 5/ through 5/15-112, inclusive, as amended and 625 Illinois Compiled Statutes 5/15-114, as amended, are adopted as the regulations for overweight and oversized vehicles within the City of Elgin : DEFINITIONS: Unless the context otherwise requires, all words and phrases used herein shall have the same meaning as the same or similar words and phrases defined and used in the Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/1-100 et seq., as amended : VIOLATIONS: It shall be unlawful for any person to be in control of, drive, park, or move on, upon, or across, or for the owner to cause or knowingly permit to be parked, driven, or moved upon or across, any street or highway within the jurisdiction of the City of Elgin, any vehicle or combination of vehicles with a weight, width, height, or length, including load, in excess of the limits set forth in the Illinois Vehicle Code unless a special permit has been issued in accordance with this chapter : PERMITS FOR EXCESS SIZE AND WEIGHT: A. As provided by the authority set forth in 625 ILCS 5/15-301(a), the Chief of Police or his or her designee may, in their discretion, issue a special permit authorizing an owner or lessee to operate on any highway under the jurisdiction of and maintained by the City of Elgin, a vehicle or combination of vehicles with a weight (625 ILCS 5/15-111, width (625 ILCS 5/15-102), height (625 ILCS 5/15-103), or length (625 ILCS 5/15-107) in excess of the maximums specified in said provisions of the Illinois Vehicle Code. B. Any vehicle owner or lessee seeking a special permit under this section shall submit an application to move such vehicle(s) on a form and in such a manner as prescribed by the Chief of Police. The application shall include, at a minimum, the following: 1. The type of the vehicle; 2. The weight and dimensions of the vehicle; 3. A description of vehicle and the load, content, or object to be moved; 342

18 VOLUME LXXXII SEPTEMBER 27, Whether the permit application is for a single trip permit, a round trip permit, a quarterly permit, or an annual permit; 5. The requested route of the vehicle or combination of vehicles through the city, including the origin and the termination point of the route within the city and the points of origin and destination for the trip; 6. The name of the owner or carrier, if different then the applicant; 7. Whether the applicant is an authorized carrier under the Illinois Motor Carrier Property Law and, if so, the registration and certificate number issued by the Illinois Commerce Commission; 8. The Illinois Department of Transportation s state permit number; 9. The vehicle s and/or trailer s registration number, state, and year; Upon application for a permit, an applicant shall further provide evidence of and maintain a valid comprehensive general liability insurance policy on an occurrence basis from an insurance company licensed with the State of Illinois or other insurer approved by the city with at least $1,000, single limit coverage on all risks. The city shall be named as a co-insured and such policy or policies shall provide that the coverage afforded thereunder shall not be canceled, terminated or materially changed until at least thirty (30) days written notice has been given to the city. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the city. There shall be no endorsement or modification of this insurance to make it excess over other available insurance; alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the city. For the purposes of this chapter, a single trip means one move from the point of origin to the point of destination over a prescribed route. A round trip means two trips over the same route in opposite directions. Any additional stops between the point of origin or the point of destination in the course of either a single trip or a round trip are expressly prohibited unless set forth in the permit application and approved in the issuance of the permit. Except for an application for a permit to move directly across a highway, it shall be the duty of the applicant to establish in the application that the load to be moved by any such vehicle or combination of vehicles cannot reasonably dismantled or disassembled. Except for fluid milk products, no excess size or weight permits shall be issued for vehicles and loads that are 343

19 SEPTEMBER 27, 2017 VOLUME LXXXII divisible and that can be carried, which divided, within the existing size and weight maximums specified in this chapter. C. At the time of the filing of a permit application, and prior to the issuance of a special permit authorizing operation of the vehicle in the City of Elgin, the applicant shall pay a fee for the permit according to the following schedule: Single Trip Permit $75.00 Round Trip Permit $ Quarterly Permit $ Annual Permit $ In the event a permit application is not approved, the permit fee shall be refunded to the applicant. No refunds of the permit shall be made following the issuance of a permit. D. Upon receipt of a completed application and the payment of the permit fee therefore, and good cause being shown in the application to ensure that any movement will not unduly damage the City of Elgin street system and will adequately protect public safety, the Chief of Police or his or her designee may issue a special permit authorizing the applicant to operate or move a vehicle or combination of vehicles having a size or weight that exceeds the maximums set forth in this chapter. E. Permits are only valid on dates authorized by the permit, from thirty (30) minutes before sunrise to thirty (30) minutes after sunset local time. A single trip permit is valid for five (5) days from the date of issuance and authorizes one movement over a prescribed route. A round trip permit is valid for ten (10) days from the date of issuance and authorizes one movement and on return movement over the same prescribed route. A quarterly permit is valid for ninety (90) days from the date of issuance. An annual permit is valid for three hundred sixty-five (365) days from the date of issuance. Both quarterly and annual permits allow for unlimited movements of an interchangeable load over a prescribed or a non-prescribed route. F. Any excess size or weight permit issued in violation of this chapter or in violation of 625 ILCS 5/ of the Illinois Vehicle Code shall be void at issuance, and any movements made thereunder shall not be authorized under the terms of the void permit. G. The Chief of Police or his or her designee are authorized to issue reasonable rules, regulations, and provisions on a document to accompany each permit. The permit will specify any general or specific conditions with which the applicant must comply that are consistent and reasonable for the protection of the general public and the city s streets and highways, including but not limited to the following: 344

20 VOLUME LXXXII SEPTEMBER 27, Restrictions on the number or times of daily trips authorized by each permit; 2. Restrictions on the route to be traveled based upon traffic conditions, the character of the road or roads, the configuration of the terrain, or other concerns. H. All permits shall be nontransferable and shall be valid only for the applicant or his agent or employee and the specific vehicle listed on the application. Every permit shall be carried in the vehicle to which it refers at all times while operating within the city, and shall be exhibited upon demand to any law enforcement officer, police officer, or authorized agent of the city. I. The permits issued under this chapter constitute a grant of a privilege by the city, and may be denied, suspend, or revoked for such reasons as the city may deem related to its governmental interests, including but not limited to: 1. An applicant knowingly providing incorrect information in a permit application; 2. Action on or operating under a permit which has been altered for purposes of deception; 3. Non-compliance with the provisions of this chapter or the provisions of a permit issued thereunder, or with federal, state, or local laws pertaining to the transportation of goods or the operation of vehicles engaged in the transport of goods; 4. Moving or operating on streets or highways within the city without a permit as required under this chapter. J. It is the duty of the applicant to read and familiarize itself with the permit provisions upon receipt. The routing prescribed in the permit constitutes the sole extent of the authority granted by the city for the use of the city s streets and highways, and any vehicle or load found to be off route shall be deemed to be operating without a permit. Undertaking of a move authorized by a permit is deemed prima facie evidence of acceptance of the permit and that the applicant is warranting that: 1. The applicant is in compliance with all operation requirements; 2. All dimension and weight requirements specified in the permit will not be exceeded; 345

21 SEPTEMBER 27, 2017 VOLUME LXXXII 3. That the vehicle(s) and/or vehicle loads are non-divisible pursuant to 625 ILCS 5/ All operation, registration, and license requirements have been complied with; 5. All financial responsibilities, obligations, and other legal requirements have been met; 6. The applicant shall comply with all township, city, county, and state laws, statutes, ordinances, regulations, and requirements, including without limitation the requirements of this chapter; and 7. The applicant, for itself and on behalf of any owner of the vehicle, assumes total responsibility for any injury or damage to persons or to public or private property, including the applicant or owner s property or the load being transported, and further including any and all damages to the city s streets, highways, or bridges, caused directly or indirectly by the transportation of the vehicles and objects authorized under the permit. The applicant, for itself and on behalf of any owner of the vehicle, shall hold the city and its officials, officers, employees, and other agents, harmless from all suits, claims, damages, or proceedings of any kind, and to indemnify the city for any claim it may be required to pay, arising from the movement authorized under a permit : EXCEPTIONS: The size and weight limitations set forth in this chapter shall not apply to fire vehicles, apparatus or equipment, or vehicles utilized for snow and ice removal operations owned or operated by or for any governmental body, or those vehicles operating under an emergency declaration, or vehicles owned by the city or a public utility engaged in emergency utility repair, or vehicles owned and operated by a private contractor engaged in the construction of public works for the city, and such vehicles shall not be required to obtain a permit hereunder : PENALTIES: A. If any person, firm, or corporation owns or operates any vehicle in the city in violation of the provisions of this chapter, or in violation of the provisions of a special permit issued under this chapter, then either or both the driver and the owner of such vehicle shall be guilty of an offense and shall be subject to prosecution therefore. 1. Any person, firm, or corporation found guilty of a violation of this chapter for failing to comply with the provisions of a permit issued under this chapter by exceeding the size and/or weight limitations of any such 346

22 VOLUME LXXXII SEPTEMBER 27, 2017 permit, shall, upon conviction, be subject to a fine for each such offense, as follows: a. For vehicles operated in violation of the provisions of sections (width), (height), or (length) of the Illinois Vehicle Code, the fine shall be in an amount equal to not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first conviction, and in an amount equal to not less than five hundred dollars ($500.00) for the second and for each subsequent conviction. b. For vehicles operated in violation of the provisions of sections (weight) of the Illinois Vehicle Code, the fine shall be in an amount according to the following schedule: Up to and including 2,500 pounds overweight $ From 2,501 to 3,500 pounds overweight $ From 3,501 to 5,000 pounds overweight $1, For vehicles that are 5,001 or more pounds overweight, the fines shall be in an amount equal to one thousand five hundred dollars ($1,500.00), plus an additional fine amount of five hundred dollars ($500.00) for each additional increment of 500 pounds overweight or fraction thereof. 2. Any person, firm, or corporation found guilty of a violation of this chapter for failing to comply with any other provisions of a permit issued under this chapter, shall, upon conviction, be subject to a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each such offense. 3. Any person found guilty of a violation of this chapter for moving or operating an overweight or oversized vehicle or combination of vehicles in the city without a valid permit, or who is found to have knowingly provided false or incorrect information in obtaining a permit, or who has altered a permit for the purposes of deception, shall, upon conviction, be subject to a fine of not less than One Thousand Dollars ($1,000.00) for each such offense. B. In addition, where an applicant has been found to have violated the provisions of a special permit or the provisions of this chapter the Chief of Police is authorized to suspend an applicant s or owner s permit privileges for a period not to exceed twelve (12) months. 347

23 SEPTEMBER 27, 2017 VOLUME LXXXII 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. 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 27, 2017 Passed September 27, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 27, 2017 Published: September 29, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH OXCART PERMITS SYSTEMS, LLC, FOR PERMIT FEE PROCESSING IN CONJUNCTION WITH THE OVERWEIGHT TRUCK FEE INITIATIVE Councilmember Gavin made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH OXCART PERMITS SYSTEMS, LLC, FOR PERMIT FEE PROCESSING IN CONJUNCTION WITH THE OVERWEIGHT TRUCK FEE INITIATIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section B(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 Oxcart 348

24 VOLUME LXXXII SEPTEMBER 27, 2017 Permits Systems, LLC for permit fee processing in conjunction with the overweight truck fee initiative, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G42-17 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 Gavin made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G42-17 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraph H thereof to read as follows: "H. The number of class B-4 licenses shall not exceed four (4) in number." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. 349

25 SEPTEMBER 27, 2017 VOLUME LXXXII 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: September 27, 2017 Passed September 27, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 27, 2017 Published: September 29, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G43-17 PASSED AMENDING ORDINANCE NO. G22-15 PROVIDING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT AND GRANTING A CONDITIONAL USE FOR A DOG GROOMING BUSINESS IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (920 SOUTH MCLEAN BOULEVARD) Councilmember Gavin made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 350 Ordinance No. G43-17 AN ORDINANCE AMENDING ORDINANCE NO. G22-15 PROVIDING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT, AND GRANTING A CONDITIONAL USE FOR A DOG GROOMING BUSINESS IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (920 South McLean Boulevard) WHEREAS, written application has been made requesting a conditional use approval to establish a dog grooming use at 920 South McLean Boulevard, and to amend the conditional use for a planned development for a package liquor sales establishment in the NB Neighborhood Business District Ordinance No. G22-15; and WHEREAS, the zoning lot with the building containing the premises at 920 South McLean Boulevard is legally described in Ordinance No. G22-15 (the Subject Property ); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said applications on August 7, 2017 following due notice by publication; and

26 VOLUME LXXXII SEPTEMBER 27, 2017 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 NB Neighborhood Business District, and granting an amendment to conditional use for a planned development for a package liquor sales establishment in the NB Neighborhood Business District Ordinance No. G22-15, 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 August 7, 2017, 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. Condition 3. of Ordinance No. G22-15, is hereby amended and replaced in its entirety by the following: 3. Substantial conformance to the Proposed Site Plan A1.1, prepared by Purohit Architects, dated July 17, Section 3. its entirety. Section 4. its entirety. Section 5. its entirety. Section 6. That Section 3. Condition 5. of Ordinance No. G22-15, is hereby deleted in That Section 3. Condition 7. of Ordinance No. G22-15, is hereby deleted in That Section 3. Condition 8. of Ordinance No. G22-15, is hereby deleted in That Section 4. of Ordinance No. G22-15, is hereby deleted in its entirety. 351