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City of Elgin City Council met Feb. 9

Meeting 05

City of Elgin City Council met Feb. 9.

Here are the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:05 p.m. The Pledge of Allegiance was led by Mayor David Kaptain.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None. Councilmember Rauschenberger attended by electronic means.

MINUTES OF THE JANUARY 26, 2022, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the January 26, 2022, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

Ram Foods Proclamation

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, February has been designated as Black History Month where all citizens are encouraged to reflect on the sacrifices and contributions made by generations of African-Americans and resolve to recognize long-standing local African American business owners who have made important contributions and are advocates in our community; and

WHEREAS, One such family business is owned by Suze Sarrazin and was established in August of 2009 as Ram Foods located at 725 West Chicago; and

WHEREAS, Frank Sr. and Suze came to the United States from Haiti for a visit in 1985 and chose to stay due to the political upheaval in their homeland and after Frank, Jr. was born as a U.S. citizen and after immigrating subsequently had three daughters; and

WHEREAS, Frank, Jr. and Suze came to the Chicagoland area by way of New York and Rhode Island and settled in Carpentersville in 1995 and wanting to own her own business, Suze prayed to God and opened Ram Foods in August of 2009 so as to support her family and also to bring a small convenience store to their community on the west side of Elgin; and

WHEREAS, The City of Elgin appreciates the efforts of Suze Sarrazin of Ram Foods in her dedication to family and her business and promoting the aspirations of the African-American community.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby ask all citizens to join me in honoring Suze Sarrazin of Ram Foods for her dedication to her business, the community and the City of Elgin.

IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of February, 2022.

David J. Kaptain

Mayor

PUBLIC COMMENTS

None.

BIDS

None.

PETITION 49-21 APPROVED FOR 1460 SHELDON DRIVE FOR A PLANNED DEVELOPMENT AS A MAP AMENDMENT TO CONSTRUCT A NEW PARKING LOT FOR SCHOOL DISTRICT U-46 PLANT OPERATIONS FACILITY

Marc Mylott, Community Development Director, outlined Petition 49-21 for 1460 Sheldon Drive. The petition allows for a map amendment to construct a new parking lot for School District U-46 plant operations facility. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Shaw made a motion, seconded by Councilmember Thoren, to approve Petition 49-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITIONS 52-21 AND 62-21 APPROVED FOR 107 E. HIGHLAND AVENUE FOR A ZONING ORDINANCE TEXT AMENDMENT AND CONDITIONAL USE TO ESTABLISH A TATTOO PARLOR WITH AN ART GALLERY AND EVENT SPACE WITHIN AN EXISTING TWO-STORY COMMERCIAL BUILDING

Marc Mylott, Community Development Director, outlined Petitions 52-21 and 62-21 for 107 E. Highland Avenue. The petition allows for a text amendment and conditional use to establish a tattoo parlor with an art gallery and event space within an existing commercial building. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petitions 52-21 and 62-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITION 56-21 APPROVED FOR 640 VILLA STREET FOR A PLANNED DEVELOPMENT AS A CONDITIONAL USE FOR ADAPTIVE REUSE OF THE EXISTING MOTOR VEHICLE SERVICE STATION AS A PACKAGE LIQUOR SALES ESTABLISHMENT

Marc Mylott, Community Development Director, outlined Petition 56-21 for 640 Villa Street. The petition allows for a conditional use for adaptive reuse of the existing service station as a package liquor store. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Corporation Counsel Cogley outlined the liquor license approval process and the zoning approval standards. He noted that the city granting a liquor license is discretionary with the final approval decided by the city council.

David Sabathne spoke in support of the project and his positive experiences with the owner.

Atul Suvagia stated his concerns about the project and the market saturation at this location for liquor sales.

Kate McCracken represented the applicant and responded to comments.

Andy Patel, applicant, spoke about the site improvements and his business model.

There was discussion regarding the proposed property improvements, and the number of package liquor stores in the area.

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 56-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITION 59-21 APPROVED FOR 1020 SUMMIT STREET, UNITS A AND B FOR A CONDITIONAL USE TO ESTABLISH A PHYSICAL FITNESS FACILITY WITHIN AN EXISTING MULTIPLE-TENANT COMMERCIAL BUILDING

Marc Mylott, Community Development Director, outlined Petition 59-21 for 1020 Summit Street, Units A and B. The petition allows for a conditional use to establish a physical fitness facility within and existing commercial building. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 59-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 17-22 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH TRINE CONSTRUCTION COMPANY FOR THE LORD STREET COMBINED SEWER SEPARATION – PHASE VI PROJECT (BID NO. 21-030)

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

Resolution No. 22-17

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH TRINE CONSTRUCTION COMPANY FOR THE LORD STREET COMBINED SEWER SEPARATION – PHASE VI PROJECT

(BID NO. 21-030)

WHEREAS, the City of Elgin has heretofore entered into a contract with the Trine Construction Company for the Lord Street combined sewer separation – Phase VI project (Bid No. 21-030); and

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

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 9, 2022

Adopted: February 9, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 18-22 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH ALA CARTE ENTERTAINMENT, INC. (2300 BUSHWOOD DRIVE)

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 22-18

RESOLUTION

AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH ALA CARTE ENTERTAINMENT, INC.

(2300 Bushwood Drive)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Incentive Agreement on behalf of the City of Elgin with Ala Carte Entertainment, Inc., for economic development assistance in connection with the development of 2300 Bushwood Drive, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 9, 2022

Adopted: February 9, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 19-22 ADOPTED AUTHORIZING THE EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN DREAM CENTER AND THE BUSINESS NONPROFIT DEVELOPMENT CENTER AT FIRST D/B/A FIRST UNITED METHODIST CHURCH FOR TEMPORARY EMERGENCY WARMING SHELTER SERVICES

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

Resolution No. 22-19

RESOLUTION

AUTHORIZING THE EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN DREAM CENTER AND THE BUSINESS NONPROFIT DEVELOPMENT CENTER AT FIRST D/B/A FIRST UNITED METHODIST CHURCH FOR TEMPORARY EMERGENCY WARMING SHELTER 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 Service Agreement on behalf of the City of Elgin with Elgin Dream Center and The Business Nonprofit Development Center at First d/b/a First United Methodist Church, for temporary emergency warming shelter services, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 9, 2022

Adopted: February 9, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

AUTHORIZATION FOR PAYMENT TO HIGH VOLTAGE MAINTENANCE FOR EMERGENCY TRANSFORMER REPAIRS

Councilmember Martinez made a motion, seconded by Councilmember Shaw, to authorize payment to High Voltage Maintenance in the amount of $28,803 for emergency transformer repairs that ensured reliable power for water treatment and pumping. Upon a roll call vote:

Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

AUTHORIZATION FOR PAYMENT TO TRINE CONSTRUCTION CORPORATION FOR EMERGENCY WATER MAIN REPAIRS

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to authorize payment to Trine Construction Corporation in the amount of $27,122 for providing water main repairs at the intersection of Schiller Street and N. Crystal Avenue to ensure reliable water distribution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

CONSENT AGENDA

By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G8-22 and adopt Resolution Nos. 13-22 through 16-22 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 13-22 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 FAR WEST SIDE AREA RESURFACING PROJECT

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

Resolution No. 22-13

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 FAR WEST SIDE AREA RESURFACING PROJECT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional services in connection with the 2022 far west side resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 9, 2022

Adopted: February 9, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 14-22 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE POLICE SERGEANT PROMOTIONAL TESTING PROCESS

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

Resolution No. 22-14

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE POLICE SERGEANT PROMOTIONAL TESTING PROCESS

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 Industrial/Organizational Solutions, Inc., for professional services in connection with the design of the police sergeant promotional testing process, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 9, 2022

Adopted: February 9, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 15-22 ADOPTED ENDORSING THE COMMUNITY SOLAR CLEARINGHOUSE SOLUTION PROGRAM (CS²)

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

Resolution No. 22-15

RESOLUTION

ENDORSING THE COMMUNITY SOLAR

CLEARINGHOUSE SOLUTION PROGRAM (CS2)

WHEREAS, the Metropolitan Mayors Caucus provides a forum for the chief elected officials of the Chicago region to develop consensus and act on common public policy issues and multi-jurisdictional challenges; and

WHEREAS, the Metropolitan Mayors Caucus has a history of environmental stewardship, from energy efficiency, water conservation, urban forestry, and participation in the Greenest Region Compact; and

WHEREAS, it is important for Mayors and local governments throughout Illinois to take leadership roles to advance sustainability both in their own communities and in concert with regional, national and global initiatives; and

WHEREAS, to facilitate local support of new solar development in Illinois, the Metropolitan Mayors Caucus created the Community Solar Clearinghouse Solution (CS2) Program (herein “Program”) which will allow residents to support the development of shared solar resource in Illinois without the need to install solar panels on their homes and properties through subscriptions. By obtaining a subscription, a resident can reduce their total cost of electricity supply by receiving net metering credits on their monthly utility bills; and,

WHEREAS, the Program will assist the City of Elgin in its ongoing effort to provide residents with access to sustainable energy solutions that enhance the quality of life for residents along with protection and stewardship of the environment and sustainable economic vitality; and

WHEREAS, the City Staff has recommended the approval and endorsement of the Community Solar Clearinghouse Solution Program to the Mayor and the Members of the Council agrees to educate and inform residents regarding its availability;

NOW, THEREFORE, BE IT RESOLVED that the City of Elgin endorses the Community Solar Clearinghouse Solution (CS2) Program proposed by the Metropolitan Mayors Caucus and agrees to educate and inform residents regarding its availability; and

BE IT FURTHER RESOLVED by the Mayor and the Council that the City Staff or designee is hereby authorized to execute any necessary documents to assure access for residents of the Program.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 9, 2022

Adopted: February 9, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 16-22 ADOPTED APPROVING FINAL PLAT OF BIG TIMBER OAKS SUBDIVISION

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

Resolution No. 22-16

RESOLUTION

APPROVING FINAL PLAT OF BIG TIMBER OAKS SUBDIVISION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Big Timber Subdivision, prepared by Charles J. Hill, Illinois Professional Land Surveyor, dated March 1, 2021.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 9, 2022

Adopted: February 9, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G8-22 PASSED GRANTING A CONDITIONAL USE FOR AN ADULT USE CANNABIS CRAFT GROWER IN THE GI GENERAL INDUSTRIAL DISTRICT (1300 ABBOTT DRIVE)

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

Ordinance No. G8-22

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR AN ADULT-USE CANNABIS CRAFT GROWER IN THE GI GENERAL INDUSTRIAL DISTRICT

(1300 Abbott Drive)

WHEREAS, written application has been made requesting conditional use approval to establish an adult-use cannabis craft grower at 1300 Abbott Drive; and

WHEREAS, the zoning lot with the building containing the premises at 1300 Abbott Drive is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the GI General Industrial District, and an adult-use cannabis craft grower is listed as a conditional use within the GI General Industrial District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 10, 2022, following due notice including by publication; and

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

WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and

WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and

WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the GI General Industrial District pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 10, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.

Section 2. That a conditional use for an adult-use cannabis craft grower is hereby granted for the property commonly known as 1300 Abbott Drive, which is part of the property commonly identified by Kane County Property Index Number 06-10-202-001, and legally described as follows:

Lot 3 in Elgin Industrial Park, a subdivision of part of the North half of Section 10, Township 41 North, Range 8 of the East Third Principal Meridian, according to the Plat thereof recorded in the Recorder’s Office of Kane County, Illinois on March 25, 1963 as document 997785 in Book 42 of Plats Page 48 in the City of Elgin, Kane County, Illinois (commonly known as 1300 Abbott Drive)

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 1300 Abbott LLC, as applicant, and Sunstar Pharmaceutical, Inc., as property owner, received November 16, 2021, and supporting documents including:

a. Undated Flora Group, LLC Applicant’s Statement, dated received November 15, 2021;

b. Undated Water Reclamation – Environmental Stewardship in Cannabis Cultivation, dated received November 15, 2021;

c. Undated Noxious Odor Control, dated received November 15, 2021;

d. Undated Waste Disposal Plan, dated received November 15, 2021;

e. Undated Applicant Tracking and Monitoring Inventory Plan, dated received November 15, 2021;

f. Undated Security Plan and Record Keeping, dated received November 15, 2021;

g. Undated “El QS3AL 3” Diameter Round Aluminum Light Pole – Direct Burial 8- 15 Feet Above-Grade “, dated received December 17, 2021;

h. Undated Warelight fixture details, dated received December 17, 2021;

i. Undated ten-page Rainbow Lighting fixture details, dated received December 19, 2021;

j. Undated “Rainbow Lighting Inc. RSA-H-DBE Series Poles Round Straight Aluminum” details, dated received December 19, 2021;

k. ALTA/NSPS Land Title Survey, prepared by CDS Commercial Due Diligence Services, dated September 16, 2021;

l. Site Plan, Sheet A0.1, prepared by 360 Design Studio, dated December 14, 2021, with such further revisions as required by the Community Development Director;

m. Floor Plans, Sheet A1.1, prepared by 360 Design Studio, dated December 14, 2021, with such further revisions as required by the Community Development Director;

n. Elevations, Sheet A2.1, prepared by 360 Design Studio, dated December 14, 2021, with such further revisions as required by the Community Development Director;

o. Sign Details, Sheet A3.1, prepared by 360 Design Studio, dated December 22, 2021, with such further revisions as required by the Community Development Director; and

p. Photometric plan for “Flora Arbor Cannabis Growing Facility”, prepared by Rainbow Lighting Inc., dated December 29, 2021, with such further revisions as required by the Community Development Director.

In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.

2. Before the issuance of an occupancy permit, the proposed “adult-use cannabis craft grower” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis craft grower” [SR] with the Development Administrator.

3. The proposed adult-use cannabis craft grower may expand the cannabis growing canopy area without the need to amend this conditional use approval, provided the applicant receives all applicable State of Illinois licenses and approval for such expansion. The applicant shall submit the applicable State of Illinois license and other approvals to the Development Administrator prior to such expansion.

4. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at locations clearly visible to employees and patrons, with the following language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.”

5. All street graphics must comply with the zoning ordinance requirements.

6. All site lighting must comply with the zoning ordinance requirements.

7. A Certificate of Occupancy for the proposed adult-use cannabis craft grower facility shall be issued not later than three years from the date of the adoption of this ordinance.

8. 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: February 9, 2022

Passed: February 9, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: February 9, 2022

Published: February 9, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

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

Community Task Force on Policing, November and December, 2021

Parks and Recreation Board, November 30, 2021

Planning and Zoning Commission, December 6, 2021

Heritage Commission-Design Review, October 12, 2021

Committee of the Whole, January 12, 2022

City Council, January 12, 2022

Sales Tax Revenue

Hotel/Motel Tax Revenue

Telecommunication Tax Revenue

Motor Fuel Tax Revenue

Natural Gas Tax Revenue

Electricity Tax Revenue

Cannabis Revenue

Video Gaming Revenue

Alcoholic Liquor Tax Revenue

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

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

The meeting adjourned at 7:54 p.m.

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