City of Elgin City Council met May 9.

By Lhalie Castillo

Jun 11, 2018

Here is the minutes provided by the Council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on May 9, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Jeff Mikyska from Holy Trinity Lutheran and the Pledge of Allegiance was led by Councilmember Richard Dunne.

Roll Call:

Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.

Minutes Of The April 25, 2018, Council Meeting Approved As Distributed:

Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the April 25, 2018, 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:

Poppy Days Proclamation-

Mayor Kaptain read the following proclamation:

Whereas, America is the land of the freedom, preserved and protected willingly and freely by citizen soldiers; and

Whereas, millions of citizen soldiers, who have answered the call to arms, have died on the field of battle; and

Whereas, a Nation must be reminded of the price of war and the debt owed to those who have died in war; and

Whereas, the red poppy has been designated as a symbol of the sacrifice of lives in all wars; and

Whereas, the American Legion and its Auxiliary, Sons of the American Legion (SAL), the American Legion Riders, the Veterans of Foreign Wars (VFW) and its Auxiliaries and the AMVETS have pledged to remind Americans annually of this debt through the distribution of the poppy as the memorial flower.

Now, Therefore, I David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May 17, 18 and 19, 2018 as Poppy Days in Elgin and ask all citizens to pay tribute to those who have made the ultimate sacrifice in the name of freedom, by making a donation for and wearing the memorial poppy during these days.

In Witness Thereof, I have hereunto set my hand this 9th day of May, 2018.

Police Peace Officers Memorial Day Proclamation-

Mayor Kaptain read the following proclamation:

Whereas, May 15 has been designated as National Peace Officer’s Memorial Day; and

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

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

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

Now, Therefore, I, David Kaptain, Mayor of the City of Elgin, declare Wednesday, May 16, 2018, as Elgin Peace Officers Memorial Day, a day to remember those officers who have gone before us and I hereby order the lowering of the flags flying in front of this facility to Half Mast.

In Witness Whereof, I have hereunto set my hand this 9th Day of May, 2018.

Elgin Area Firefighters’ Memorial Day Proclamation-

Mayor Kaptain read the following proclamation:

Whereas, in 1993 the Illinois Fire Services Association unanimously agreed that a monument should be erected to serve as the official memorial; it was to be located on the grounds adjacent to the state Capital building; and

Whereas, the Illinois Firefighter Memorial is dedicated to the firefighters of Illinois, who have given their lives in the line of duty and to those firefighters who heroically serve with courage, pride and honor; and

Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their fire service agency, and that members of our fire department recognize their duty to serve the people by safeguarding life and property; and

Whereas, he men and women of the Elgin Fire Department unceasingly provide a vital public service.

Now, Therefore, I, David Kaptain, Mayor of the City of Elgin, declare Saturday, May 12, 2018, as the Elgin Area Firefighters’ Memorial Day, a day to remember those Firefighters who have gone before us. I do hereby order the lowering of the flag flying in front of Fire Barn No. 5, to Half-Mast for the remainder of this day, as a symbol of our corporate pledge, to honor all those who have served, who now serve, and who will serve our fair City of Elgin.

In Witness Whereof, I have hereunto set my hand this 9th day of May, 2018.

Kids to Parks Day Proclamation-

Mayor Kaptain read the following proclamation:

Whereas, May 19th, 2018 is the eighth Kids to Parks Day organized and launched by the National Park Trust, held annually on the third Saturday in May; and

Whereas, Kids to Parks Day empowers kids and encourages families to get outdoors and visit America’s parks; and

Whereas, it is important to introduce a new generation to our nation’s parks; and

Whereas, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and

Whereas, Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and

Whereas, Kids to Parks Day will broaden children’s appreciation for nature and the outdoors; and

Whereas, Hawthorne Hills Nature Center in Elgin will host a free nature scavenger hunt on May 19, 2018 from 10:00 a.m. to 2:00 p.m. in celebration of Kids to Parks Day.

Now, Therefore, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim May 19, 2018as Kids to Parks Day in the city of Elgin, and I urge all citizens to make time and take the children in their lives to one of Elgin’s 75 parks.

In Witness Whereof, I have hereunto set my hand this 9th day of May, 2018.

Recognize Persons Present:

Jose Arizmendi stated his concerns regarding the renovations at St. Francis Park and how the project was communicated to the neighborhood.

Councilmember Powell suggested that an evaluation of the process to notify those impacted by the construction projects and using a larger radius should be considered in the future.

Bid 18-026 Awarded To Innovation Landscape For Festival Park Playground Renovation:

There was discussion regarding the choice for the final design of the playground.

Councilmember Dunne made a motion, seconded by Councilmember Gavin, to award a contract to Innovation Landscape in the amount of $73,756 for the playground project to replace the rope climber playground at Festival Park. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution 18-58 Adopted Approving Annual Membership Renewal With Metro West Council Of Government For May, 2018 To April, 2019:

Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Shaw.

Resolution No. 18-58

Resolution

Approving Annual Membership Renewal With Metro West Council Of Government For May, 2018 To April, 2019

Be It Resolved By The City Council Of The City Of Elgin, Illinois, that it hereby approves the annual membership renewal with Metro West Council of Government for May, 2018 to April, 2019.

Ordinance G24-18 Passed Granting A Conditional Use For A Physical Fitness Facility And An Other School And Educational Service (After School Program) In The Ab Area Business District And Arc Arterial Road Corridor Overlay District (1164 North Mclean Boulevard):

Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez.

Ordinance No. G24-18

An Ordinance Granting A Conditional Use For A Physical Fitness Facility And An Other School And Educational Service (After School Program) In The Ab Area Business District And Arc Arterial Road Corridor Overlay District

(1164 North McLean Boulevard)

Whereas, written application has been made requesting conditional use approval to establish a physical fitness facility with an after school program at 1164 North McLean Boulevard; and

Whereas, the zoning lot with the building containing the premises at 1164 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 a physical fitness facility, and other school and educational service are listed as conditional uses within the AB Area Business District; and

Whereas, the Planning & Zoning Commission conducted a public hearing concerning said application on April 2, 2018 following due notice including 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

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 and ARC Arterial Road Corridor Overlay 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 April 2, 2018, 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 a physical fitness facility and other school and educational service is hereby granted for the property commonly known as 1164 North McLean Boulevard, commonly identified by Kane County Property Identification Numbers (PINs) 06-03- 354-007, 06-03-351-031, and 06-03-351-035, and legally described as follows:

Lot 9 In The Windsor Commerce Center Subdivision, According To The Plat Thereof Recorded December 4, 1984 As Document No. 1704394, Being A Subdivision In Part Of The Southwest 1⁄4 Of Section 3, Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of Elgin, Kane County, Illinois.

Pin 06-03-354-007

Lot 2, Except The Northerly 141 Feet Thereof, And Lot 3, Except The South 155.00 Feet Of The East 191.50 Feet, In The Windsor Commerce Center Subdivision, According To The Plat Thereof Recorded December 4, 1984 As Document No. 1704394, Being A Subdivision In Part Of The Southwest 1⁄4 Of Section 3, Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of Elgin, Kane County, Illinois.

Pins 06-03-351-031; 06-03-351-035

(Commonly known as 1164 North McLean Boulevard)

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 Martial Arts World of IL, as applicant, and 1162 N. McLean Blvd. LLC, as property owner, received February 15, 2018, and supporting documents including:

a. Statement of Purpose and Conformance letter, dated February 2, 2018;

b. Martial Arts World narrative letter, dated March 1, 2018;

c. Alta/ACSM Land Title Survey, prepared by Vanderstappen Schmitt Surveying & Engineering Inc., dated August 27, 2007, last revised September 27, 2007;

d. Undated Existing Floor Plan, received February 15, 2018;

e. Undated Proposed Floor Plan 1/2, received February 16, 2018;

f. Undated Proposed Floor Plan 2/2, received February 16, 2018;

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

3. Compliance with all applicable codes and ordinances.

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

Ordinance G25-18 Passed Establishing A Pay Plan For The Public Services Employee Group Of The City Of Elgin:

Councilmember Powell 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. G25-18

An Ordinance Establishing A Pay Plan For The Public Services Employee Group Of The City Of Elgin

Whereas, the City Council of the City of Elgin has heretofore ratified and approved a negotiated settlement reached by the City of Elgin and the Service Employees International Union Local 73 Municipal Division, Elgin Public Works Chapter, also commonly known as the Public Services Employee Group; and

Whereas, such negotiated settlement includes wages for 2018 through 2019 and it is therefore necessary to implement a new salary plan for such Public Services Employee Group.

Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:

Section 1. That effective January 1, 2018, there is hereby established the following schedule of standard hourly, annual and monthly salary ranges for the Public Services Employee Group.

Section 2. That effective January 1, 2019, there is hereby established the following schedule of standard hourly, annual and monthly salary ranges for the Public Services Employee Group.

Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict.

Section 4. That this ordinance shall be in full force and effect from and after January 1, 2018, upon its passage in the manner provided by law.

Consent Agenda:

By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G23-18 and adopt Resolution Nos. 18-53 through 18-57 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution 18-53 Adopted Authorizing Execution Of An Agreement With Engineering Enterprises Inc. For Engineering Services In Connection With The Lead Service Line Replacement (Lslr) Program Implementation Plan:

Councilmember Dunne 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 No. 18-53

Resolution

Authorizing Execution Of An Agreement With Engineering Enterprises Inc. For Engineering Services In Connection With The Lead Service Line Replacement (Lslr) Program Implementation Plan

Be It Resolved By The City Council Of The City Of Elgin, Illinois, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and

Be It Further Resolved By The City Council Of The City Of Elgin, Illinois, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Engineering Enterprises Inc. for engineering services in connection with the Lead Service Line Replacement (LSLR) Program Implementation Plan, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-54 Adopted Authorizing Execution Of An Agreement With Engineering Enterprises Inc. For Engineering Services In Connection With The 2018 Residential Resurfacing (East) Program:

Resolution No. 18-54

Resolution

Authorizing Execution Of An Agreement With Engineering Enterprises Inc. For Engineering Services In Connection With The 2018 Residential Resurfacing (East) Program

Be It Further Resolved By The City Council Of The City Of Elgin, Illinois, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Engineering Enterprises Inc. for engineering services in connection with the 2018 residential resurfacing (East) program, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-55 Adopted Authorizing Execution Of An Agreement With Hr Green Inc. For Engineering Services In Connection With The 2018-2021 Bridge Inspection Program:

Resolution No. 18-55

Resolution

Authorizing Execution Of An Agreement With Hr Green Inc. For Engineering Services In Connection With The 2018-2021 Bridge Inspection Program

Be It Further Resolved By The City Council Of The City Of Elgin, Illinois, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with HR Green Inc. for engineering services in connection with the 2018-2021 bridge inspection program, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-56 Adopted Authorizing Execution Of License Agreement With Cook's Ice Cream, Llc For The Operation Of A Seasonal Ice Cream Truck And Concession Stand At Festival Park:

Resolution No. 18-56

Resolution

Authorizing Execution Of License Agreement With Cook's Ice Cream, Llc For The Operation Of A Seasonal Ice Cream Truck And Concession Stand At Festival Park

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 License Agreement on behalf of the City of Elgin with Cook's Ice Cream, LLC for the operation of a seasonal ice cream truck and concession stand at Festival Park, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-57 Adopted Authorizing Execution Of An Intergovernmental Agreement With Hanover Township Relating To The Transfer Of Certain Real Property For Recreational And Other Public Purposes:

Resolution No. 18-57

Resolution

Authorizing Execution Of An Intergovernmental Agreement With Hanover Township Relating To The Transfer Of Certain Real Property For Recreational And Other Public Purposes

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 Intergovernmental Agreement with Hanover Township on behalf of the City of Elgin relating to the transfer of certain real property to Hanover Township for recreational and other public purposes, a copy of which is attached hereto and made a part hereof by reference.

Ordinance G23-18 Passed Granting A Conditional Use For Accessory Package Liquor Sales In The Ci Commercial Industrial District And Arc Arterial Road Corridor Overlay District (811 East Chicago Street):

Councilmember Dunne 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. G23-18

An Ordinance Granting A Conditional Use For Accessory Package Liquor Sales In The Ci Commercial Industrial District And Arc Arterial Road Corridor Overlay District

(811 East Chicago Street)

Whereas, written application has been made for a conditional use at 811 East Chicago Street; and

Whereas, the zoning lot with the building containing the premises at 811 East Chicago Street is legally described herein (the “Subject Property”); and

Whereas, the Subject Property is located within the CI Commercial Industrial District and ARC Arterial Road Corridor Overlay District, and accessory package liquor sales establishment [SR] (UNCL) is listed as a conditional use within the CI Commercial Industrial District; and

Whereas, the Planning and Zoning Commission conducted a public hearing concerning said application on April 2, 2018, 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 CI Commercial 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 April 2, 2018, 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 811 East Chicago Street and commonly identified by Cook County Property Identification Number (PIN) 06-18-302-070-0000, and legally described as follows:

Lot 1 in Hoffman Resubdivision of Lots 19 and 20 in county clerk’s division of unsubdivided lands in the South 1⁄2 of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 10, 1997 as Document 97926124, in Cook County, Illinois. (commonly known as 811 East Chicago Street)

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

4. Substantial conformance to the Development Application submitted by Rajshree Inc., as applicant, and 7-Eleven Inc., as property owner, received March 9, 2018, and supporting documents including:

a. Undated Statement of Purpose and Conformance letter, received March 9, 2018;

b. Plat of Survey, prepared by Precision Land Surveyors Inc. d.b.a. Teratek Inc., dated March 20, 2018;

c. 7-Eleven Store #32236 site plan, prepared by Royston, dated July 10, 2009;

d. 7-Eleven Store #32236 current floor plan, prepared by Royston, dated July 10, 2009; and

e. 7-Eleven Store #32236 proposed floor plan, prepared by Royston, dated July 10, 2009.

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

6. The sale of any beer or malt products by the single container is not permitted. The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted.

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

8. Compliance with all applicable codes and ordinances.

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

Reports/Minutes Received And Ordered Placed On File:

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

Bicycle & Pedestrian Advisory Committee, April 3, 2018

Heritage Commission Design Review, March 27, 2018

Human Relations Commission, April 3 and 16, 2018

Parks and Recreation Advisory Board, March 20, 2018

Committee of the Whole, April 11, 2018

City Council Minutes, April 11, 2018

Electricity Tax Revenue

Natural Gas Tax Revenue

Announcements:

Mayor Kaptain made announcements regarding forthcoming meetings.

Adjournment:

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

The meeting adjourned at 7:26 p.m.

https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/5848

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