VOLUME LXXXII JUNE 28, 2017 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING

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1 VOLUME LXXXII JUNE 28, 2017 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 June 28, 2017, in the Heritage Ballroom, located at The Centre, 100 Symphony Way. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Ardella Gibson from the Mission and Spiritual Care for Sherman Advocate Hospital and the Pledge of Allegiance was led by Councilmember F. John Steffen. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JUNE 14, 2017, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve the June 14, 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne abstained. COMMUNICATIONS 19th Annual Citizenship Recognition Program Retired Federal Judge Manuel Barbosa acted as emcee and members of the Elgin Choral Union sang two selections. Karen Oswald outlined the process to achieve citizenship and Ana Maria Hinkhouse spoke about her experiences in obtaining U.S. citizenship. Each new citizen was recognized by name and they were congratulated by the Mayor, members of Council, as well as representatives from the offices of Representative Anna Moller, Senator Cristina Castro and Congressman Raja Krishnamoorthi. Altrusa International Club 100th Anniversary Proclamation Mayor Kaptain read the following proclamation: 209

2 JUNE 28, 2017 VOLUME LXXXII PROCLAMATION WHEREAS, Altrusa International was founded in Nashville, Tennessee in 1917 as a record number of women were going to work in World War I and there was a need for women s civic organizations; and WHEREAS, Mamie L. Bass of Indianapolis organized the first convention in Indianapolis in 1918 and transformed Altrusa into a classified women s service organization; and WHEREAS, Altrusa has grown into an International service organization with clubs worldwide and a focus on improving literacy; and WHEREAS, The Altrusa International Club of Elgin, Inc., was begun in 1946 and officially chartered in 1947 and has contributed greatly to multiple civic, social service, educational, health care and arts organizations throughout the community over its seven decades; and WHEREAS, It is appropriate to recognize and honor both the Altrusa International organization and its local chapter on the occasion of the organization s centennial year. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Wednesday, June 28, 2017 as Altrusa International Day. IN WITNESS WHEREOF, I have hereunto set my hand this 28 th day of June, David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Cliff Olson stated his concerns regarding parking in the Garden Quarter area, specifically on Crescent Drive. Sandra Schmulbach also stated her concerns regarding parking in the Garden Quarter neighborhood. BID AWARDED TO ORANGE CRUSH, LLC FOR THE 2017 STREET RESURFACING PROGRAM EAST Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award the 2017 Street Resurfacing Program-East bid to Orange Crush, LLC in the amount of $2,070,031 to provide pavement maintenance on various city streets. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 210

3 VOLUME LXXXII JUNE 28, 2017 BID AWARDED TO PLOTE CONSTRUCTION, INC. FOR THE 2017 STREET RESURFACING PROGRAM SOUTHWEST Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the 2017 Street Resurfacing Program-Southwest bid to Plote Construction, Inc. in the amount of $3,815,848 to provide pavement maintenance on various city streets. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF ALLIANT PROPERTY INSURANCE PROGRAM FOR THE CITY OF ELGIN'S PROPERTY, INLAND MARINE AND CYBER LIABILITY INSURANCE Councilmember Gavin made a motion, seconded by Councilmember Powell, 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 ACCEPTING THE PROPOSAL OF ALLIANT PROPERTY INSURANCE PROGRAM FOR THE CITY OF ELGIN S PROPERTY, INLAND MARINE AND CYBER LIABILITY INSURANCE 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 the City of Elgin hereby accepts Alliant Property Insurance Program's renewal proposal for the City of Elgin s property, inland marine and cyber liability insurance commencing July 1, 2017 through June 30, 2018, for an annual premium of $227,144. 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 all documents necessary and incident to such proposal of Alliant Property Insurance Program for the City of Elgin s property, inland marine and cyber liability insurance program. s/ David J. Kaptain David J. Kaptain, Mayor 211

4 JUNE 28, 2017 VOLUME LXXXII Presented: June 28, 2017 Adopted: June 28, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION TABLED AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH ELGIN CHARTER SCHOOL INITIATIVE, ALSO KNOWN AS ELGIN MATH AND SCIENCE ACADEMY CHARTER SCHOOL, REGARDING LEASING A PORTION OF THE FORMER FOX RIVER COUNTRY DAY SCHOOL PROPERTY COMMONLY KNOWN AS 1600 DUNDEE AVENUE, ELGIN, ILLINOIS Councilmember Powell made a motion, seconded by Councilmember Martinez, to table Resolution until the next Council Meeting to be held on July 12, Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. ORDINANCE G26-17 PASSED AMENDING SECTION OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LICENSES: NUMBER TO BE ISSUED:" TO AMEND THE NUMBER OF AVAILABLE LICENSES FOR VARIOUS LIQUOR LICENSE CLASSIFICATIONS Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G26-17 AN ORDINANCE AMENDING SECTION OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED LICENSES; NUMBER TO BE ISSUED: TO AMEND THE NUMBER OF AVAILABLE LICENSES FOR VARIOUS LIQUOR LICENSE CLASSIFICATIONS 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, the regulation of alcoholic liquor dealers pertains to the government and affairs of the City; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to 212

5 VOLUME LXXXII JUNE 28, 2017 amend the number of available licenses for various liquor license classifications. NOW, THEREFORE, 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 subparagraphs A, M, N, and Q with respect to the number of available Class A, Class E, Class E- 1, and Class F licenses to read as follows: "A. The number of class A licenses shall not exceed eleven (11) in number. M. The number of class E licenses shall not exceed ten (10) in number. N. The number of class E-1 licenses shall not exceed five (5) in number. Q. The number of class F licenses shall not exceed seven (7) in number." 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 upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Passed June 28, 2017 Vote: Yeas: 9 Nays: 0 Recorded: June 28, 2017 Published: June 30, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G27-17 PASSED AUTHORIZING EXECUTION OF SECOND AMENDMENT TO CONTRACT FOR PURCHASE AND SALE WITH ST. JOSEPH CHURCH REGARDING THE SALE OF CENTER STREET Corporation Counsel Cogley provided information on the proposed amendment to the agreement. 213

6 JUNE 28, 2017 VOLUME LXXXII Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Martinez abstained. Ordinance No. G27-17 AN ORDINANCE AUTHORIZING EXECUTION OF SECOND AMENDMENT TO CONTRACT FOR PURCHASE AND SALE WITH ST. JOSEPH CHURCH REGARDING THE SALE OF CENTER STREET BE IT ORDAINED 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 Second Amendment to a Contract for Purchase and Sale on behalf of the City of Elgin with St. Joseph Church regarding the City's sale and conveyance of the property commonly known as Center Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Passed June 28, 2017 Vote: Yeas: 8 Nays: 0 Abstain: 1 Recorded: June 28, 2017 Published: June 30, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G28-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" WITH RESPECT TO REGULATIONS FOR THE CLASS R LIQUOR LICENSE CLASSIFICATION 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, and Mayor Kaptain. Nays: Councilmember Steffen. 214

7 VOLUME LXXXII JUNE 28, Ordinance No. G28-17 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED ALCOHOLIC LIQUOR DEALERS WITH RESPECT TO REGULATIONS FOR THE CLASS R LIQUOR LICENSE CLASSIFICATION WHEREAS, Section 5/4-1 of the Illinois Liquor Code (235 ILCS 5/4-1) authorizes cities to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor, and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII, Section 6 of the Illinois Constitution and may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, the regulation of alcoholic liquor dealers and the protection of the public health, safety and welfare and providing for the public good and convenience are subjects within the city's home rule authority pertaining to the city's government and affairs; and WHEREAS, the city council finds that it is desirable to further amend certain liquor license regulations with respect to the Class R liquor license classification; and WHEREAS, the city council finds that the amendments as provided in this ordinance and this ordinance are necessary to protect the public health, safety and welfare and are for the public good and convenience; and WHEREAS, the amendments as provided in this ordinance and this ordinance are authorized by law and adopted pursuant to the city's home rule authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into and made part of this ordinance, as findings of the city council. Section 2. That Section of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by amending subparagraph R1 thereof which relates to the Class R liquor license classification as follows: "Class R: For the retail sale by a nightclub, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located in the CC1 center city zoning district and east of the Fox River. A licensee holding a class R license may sell or permit to be sold alcoholic liquors only on Fridays and Saturdays from twelve o'clock

8 JUNE 28, 2017 VOLUME LXXXII (12:00) P.M. until four o'clock (4:00) A.M. the following day and on Mondays through Thursdays from twelve o'clock (12:00) P.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class R license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from twelve o'clock (12:00) P.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from twelve o'clock (12:00) P.M. until four o'clock (4:00) A.M. the following day. In the event a nightclub seeking a class R license is a private club with admission limited to members and their guests only, the application and any license issued for such an establishment shall so provide admission and the sale of alcohol at such an establishment shall be limited to members and their guests only. The license fee per year is three thousand eighty dollars ($3,080.00)." Section 3. 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 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: June 28, 2017 Passed June 28, 2017 Vote: Yeas: 8 Nays: 1 Recorded: June 28, 2017 Published: June 30, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G21-17 through G25-17, as well as G29-17, and adopt Resolution Nos through as well as by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 216

9 VOLUME LXXXII JUNE 28, 2017 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2017 STREET RESURFACING PROGRAM- NORTHWEST PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, 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 AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2017 STREET RESURFACING PROGRAM-NORTHWEST PROJECT 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Trotter and Associates, Inc. for construction administration and construction engineering services in connection with the 2017 Street Resurfacing Program-Northwest Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 217

10 JUNE 28, 2017 VOLUME LXXXII RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH HR GREEN, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2017 BRIDGE REHABILITATION PROGRAM PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, 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 AMENDMENT AGREEMENT NO. 1 WITH HR GREEN INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2017 BRIDGE REHABILITATION PROGRAM PROJECT 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 Amendment Agreement No. 1 on behalf of the City of Elgin with HR Green, Inc. for construction administration and construction engineering services in connection with the 2017 Bridge Rehabilitation Program Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 218

11 VOLUME LXXXII JUNE 28, 2017 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Resolution No WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by anyone under contract for public works, (the "Prevailing Wage Act")" requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, the Illinois Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the most recent determination of the prevailing wages as made by the Illinois Department of Labor of June 2017, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. It shall be the obligation of any entity or person who is required to pay the prevailing hourly rate of wages pursuant to the Prevailing Wage Act to pay the prevailing wages in effect at that time as then most recently determined by the Illinois Department of Labor. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Illinois Department of Labor shall be publicly posted and kept available for inspection by any interested party. BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution with the Secretary of State Index Division and the Department of Labor of the State of Illinois. s/ David J. Kaptain David J. Kaptain, Mayor 219

12 JUNE 28, 2017 VOLUME LXXXII Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 1 FOR THE CONTRACT WITH FOX VALLEY FIRE AND SAFETY FOR FIRE ALARM REPLACEMENT Councilmember Powell made a motion, seconded by Councilmember Steffen, 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 APPROVING CHANGE ORDER NO. 1 FOR THE CONTRACT WITH FOX VALLEY FIRE AND SAFETY FOR FIRE ALARM REPLACEMENT WHEREAS, the City of Elgin has heretofore entered into a contract with Fox Valley Fire and Safety for fire alarm replacement; 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 220

13 VOLUME LXXXII JUNE 28, 2017 Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH K2N CREST FOR ROOF INSPECTION AND EVALUATION SERVICES IN CONNECTION WITH THE ROOF EVALUATION PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, 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 AUTHORIZING EXECUTION OF AGREEMENT WITH K2N CREST FOR ROOF INSPECTION AND EVALUATION SERVICES IN CONNECTION WITH THE ROOF EVALUATION PROJECT Resolution No 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 K2N Crest for roof inspection and evaluation services in connection with the Roof Evaluation Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 221

14 JUNE 28, 2017 VOLUME LXXXII RESOLUTION ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR WATERMAIN PURPOSES FROM PCUSIFII RANDALL POINT 1, LLC (1380 MADELINE DRIVE) Councilmember Powell made a motion, seconded by Councilmember Steffen, 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 AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR WATERMAIN PURPOSES FROM PCUSIFII RANDALL POINT 1, LLC (1380 Madeline Drive) Resolution No BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement for watermain purposes from PCUSIFII Randall Point 1, LLC for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement for watermain purposes to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS FOR WATERMAIN PURPOSES (1380 MADELINE LANE) Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 222

15 VOLUME LXXXII JUNE 28, 2017 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS FOR WATERMAIN PURPOSES (1380 Madeline Lane) Resolution No BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the public improvements at 1380 Madeline Lane for watermain purposes. Acceptance of the public improvements will add the following city-maintained facilities: approximately 2,994 lineal feet of 8-inch watermain; four valves in four-foot vaults; eight fire hydrants, and all their respective appurtenances. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR ECONOMIC DEVELOPMENT SERVICES Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 223 Resolution No RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR ECONOMIC DEVELOPMENT SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a purchase of services agreement on behalf of the City of Elgin

16 JUNE 28, 2017 VOLUME LXXXII with the Downtown Neighborhood Association of Elgin for economic development services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G21-17 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1190 NORTH MCLEAN BOULEVARD) Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 224 Ordinance No. G21-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1190 North McLean Boulevard) WHEREAS, written application has been made for a conditional use at 1190 North McLean Boulevard; and WHEREAS, the zoning lot with the building containing the premises at 1190 North McLean Boulevard 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 accessory package liquor sales establishment [SR] (UNCL) is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 1, 2017 following due notice by publication; and

17 VOLUME LXXXII JUNE 28, 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 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 May 1, 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 a conditional use for an accessory package liquor sales establishment [SR] (UNCL) is hereby granted for the property commonly known as 1190 North McLean Boulevard and commonly identified by Kane County Property Identification Number (PIN) , and legally described as follows: Lot 2 of Hill-Newby Subdivision of Lot 1 of Commerce Center Subdivision, being a subdivision of part of the Southwest Quarter of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian being situated 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 Elgin Convenience 1 INC, as applicant, and RPT Enterprises LLC, as property owner, received March 10, 2017, and supporting documents including: a. Undated Statement of Purpose and Conformance, received March 10, 2017; b. Alta/ACSM Land Title Survey, prepared by John D. Rebik & Associates, dated July 25, 2016; c. Undated Building Floor Plan, prepared by Kolbrook Design, received March 8, 2017; 225

18 JUNE 28, 2017 VOLUME LXXXII d. Undated two-page Building Elevations plans, prepared by Kolbrook Design, received March 8, 2017; e. Landscape As-Built plan, prepared by Lannert Group, dated February 7, 2017; f. Undated BP To Go Store Interior Elgin, IL plan, received January 30, 2017; g. Undated BP To Go Store Exterior Elgin IL plan, received January 30, 2017; h. Monument street graphic plan, prepared by Blair Companies, dated September 6, 2016; and i. Undated monument street graphic landscape detail plan, received January 30, 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. 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: June 28, 2017 Passed June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 28, 2017 Published: June 30, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G22-17 PASSED RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1325 EAST CHICAGO STREET) Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 226

19 VOLUME LXXXII JUNE 28, 2017 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1325 East Chicago Street) Ordinance No. G22-17 WHEREAS, written application has been made to reclassify certain property located at 1325 East Chicago Street from CI Commercial Industrial District to PAB Planned Area Business District; and WHEREAS, the zoning lot with the building containing the premises at 1325 East Chicago Street is legally described herein (the Subject Property ); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 1, 2017 following due notice 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 planned development as a map amendment from CI Commercial Industrial to 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 May 1, 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. 227

20 JUNE 28, 2017 VOLUME LXXXII Section 2. That Chapter Zoning Districts, Section entitled Official Zoning District Map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are hereby altered by including in the PAB Planned Area Business District the following described property: THAT PART OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF LOVELL ROAD WITH THE SOUTH LINE OF STATE ROUTE NO.19; THENCE SOUTH 07 DEGREES, 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTER LINE, A DISTANCE OF FEET; THENCE NORTH 82 DEGREES, 40 MINUTES, 00 SECONDS WEST, A DISTANCE OF FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE LAST DESCRIBED CURVE, A DISTANCE OF FEET; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF FEET AND BEING TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE ROUTE 19; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF FEET, A DISTANCE OF FEET TO A CUSP AND THE NORTHEAST CORNER OF A PARCEL TAKEN FOR RIGHT- OF-WAY PURPOSES; THENCE SOUTH 72 DEGREES, 04 MINUTES, 50 SECONDS EAST, FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF , A DISTANCE OF TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 09 DEGREES, 25 MINUTES, 29 SECONDS WEST, A DISTANCE OF ; THENCE SOUTH 76 DEGREES, 23 MINUTES, 07 SECONDS EAST, FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, COUNTY OF COOK, STATE OF ILLINOIS. (commonly known as 1325 East Chicago Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI Commercial Industrial District to PAB Planned Area Business District at 1325 East Chicago Street which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of Chapter Planned Developments of the Elgin Municipal Code, as amended. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. 228

21 VOLUME LXXXII JUNE 28, 2017 B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol [SR], shall be subject to the definitions and the additional interpretive requirements provided in Chapter Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter General Provisions, of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter Zoning Districts, of the Elgin Municipal Code, as amended. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB Planned Area Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned business district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter Land Use, of the Elgin Municipal Code, as amended. The following land uses shall be the only permitted uses allowed within this PAB zoning district: Motor vehicle dealers (5994), and accessory uses customarily accessory to such motor vehicle dealers, including without limitation: the sale of used automobiles; the sale of automobile parts and tires; the performance of automobile service, repairs and maintenance; the operation of a car wash for dealership and customer vehicles; and in-house financial services pertaining to automobile sales. G. Site Design. In this PAB Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, Section Site Design for AB Area Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application and supporting documents submitted by Biggers Mitsubishi, as applicant, and Leslie Schwartz, as property owner, including the following materials: a. Statement of Purpose and Conformance-Biggers Mitsubishi-1325 E. Chicago St. letter, dated April 13, 2017, from A. William Styczynski, Architect; 229

22 JUNE 28, 2017 VOLUME LXXXII b. Letter from Joseph M. Miceli, President of Biggers Mitsubishi, dated March 14, 2017; c. Landlord Letter of Consent, dated March 13, 2017, from Leslie Schwartz; d. Plat of Survey, prepared by Hattendorf Land Surveying, P.C., dated March 14, 2017; e. Site Plan, prepared by Studio21 Architects, dated March 16, 2017; f. Entry Plan, prepared by Studio21 Architects, dated March 16, 2017; g. Undated Front Elevation Plan, received March 24, 2017; h. Undated West and East Elevation plan, received March 24, 2017; and i. Building Elevations plan, prepared by Studio21 Architects, dated April 13, 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. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PAB Planned Area Business District, off-street parking shall be subject to the provisions of Chapter Off Street Parking, of the Elgin Municipal Code, as amended. I. Off Street Loading. In this PAB Planned Area Business District, off-street loading shall be subject to the provisions of Chapter Off Street Loading, of the Elgin Municipal Code, as amended. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of Street Graphics, of the Elgin Municipal Code, as amended, except as provided for within Ordinance G22-09 entitled An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character, and shall be in substantial conformance with the following documents: 1. The maximum number of primary wall graphics on the east side of the building, excluding the service bay identification signs shall be two (2). 2. The maximum size of primary wall graphics on the east side of the building, excluding the service bay identification signs shall be square feet. 3. The maximum surface area of one service bay identification sign on the east side of the building shall be square feet, and it need not be located above a bay door. 4. The wall graphics on the east side of the building shall be in substantial conformance with the following plans: 230

23 VOLUME LXXXII JUNE 28, 2017 a. Undated West and East Elevation plan, received March 24, 2017; and b. Building Elevations plan, prepared by Studio21 Architects, dated April 13, K. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter Planned Developments of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PAB zoning district. L. Conditional Uses. In this PAB Planned Area Business District, conditional uses shall be subject to the provisions of Chapter Conditional Uses, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PAB zoning district. M. Variations. In this PAB Planned Area Business District, variations shall be subject to the provisions of Chapter Authorized Land Use Variations, Chapter Authorized Site Design Variations, and Chapter Variations, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter Appeals, of the Elgin Municipal Code, as amended. 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: June 28, 2017 Passed June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 28, 2017 Published: June 30, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 231

24 JUNE 28, 2017 VOLUME LXXXII ORDINANCE G23-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO CREATE A NEW CLASS Y LICENSE FOR ART GALLERIES Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 232 Ordinance No. G23-17 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED ALCOHOLIC LIQUOR DEALERS TO CREATE A NEW CLASS Y LICENSE FOR ART GALLERIES 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, the regulation of alcoholic liquor dealers pertains to the government and affairs of the city; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to create a new class of liquor license for art galleries. NOW, THEREFORE, 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 License Classes; Fees: be and is hereby further amended by relettering the existing subparagraph U providing for a Class Z license to subparagraph V and by adding a new subparagraph U thereto to read as follows: U. Class Y: For the service of alcoholic liquor limited to beer and wine for consumption on the premises by an arts organization. A Class Y licensee shall be limited to premises where a principal use thereof is an art gallery and the service of alcoholic liquor shall be limited to offering complimentary beer and wine for consumption on the premises only to patrons in connection with special events of an artistic or cultural nature on the premises. Alcoholic beverages shall not be served more than four (4) hours in any one day and shall not be served more than eight (8) days per month. There shall be no mandatory entrance fee or cover charge for events at which alcoholic liquor is served. There shall be no self-service of alcoholic beverages. Alcoholic beverages shall be served only between the hours of 12:00 p.m. and 11:00 p.m. There shall be no exterior or interior signage on the premises advertising the sale or service of alcoholic liquor. The license fee per year is one hundred dollars ($100.00).

25 VOLUME LXXXII JUNE 28, 2017 Section 2. That Section of the Elgin Municipal Code, 1976, as amended, entitled Licenses; Number To Be Issued be and is hereby further amended by relettering the existing subparagraph Y thereof providing for a limit on the number of Class Z licenses to subparagraph Z and by adding a new subparagraph Y thereto to read as follows: Y. The number of class Y licenses shall not exceed one (1) in number. Section 3. That Section of the Elgin Municipal Code, 1976, as amended, entitled Basset Training Requirements be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding a reference to the class Y license. Section 4. 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 5. 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: June 28, 2017 Passed June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 28, 2017 Published: June 30, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G24-17 PASSED AMENDING CHAPTER OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 233

26 JUNE 28, 2017 VOLUME LXXXII Ordinance No. G24-17 AN ORDINANCE AMENDING CHAPTER OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, written application has been made to amend Chapter of the Elgin Zoning Ordinance entitled "Street Graphics"; and WHEREAS, the Planning and Zoning Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Planning and Zoning Commission has submitted its written findings and recommendation that the requested amendments be granted; and WHEREAS, the City Council concurs in the findings and recommendation of the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including but not limited to, regulations in the city's zoning ordinance relating to street graphics, pertain 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 facts dated May 1, 2017, made by 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 of the Elgin Municipal Code, 1976, as amended, entitled "Statement of Purpose" be and is hereby further amended to read as follows: "The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of street graphics that will preserve the right of free speech and expression, provide easy and pleasant communication between people and their environment, and avoid the visual clutter or distraction that are potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of street graphics to: A. Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to cluttered, distracting, or illegible signage; 234