City of Elgin City Council met June 27.

By Lhalie Castillo

Aug 3, 2018

Here is the minutes provided by the Council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on June 27, 2018, in the Heritage Ballroom in the Centre of Elgin. The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Invocation was given by Rabbi Margaret Frisch Klein from the Congregation Kneseth Israel and the Pledge of Allegiance was led by Assistant City Manager Laura Valdez-Wilson.

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 13, 2018, Council Meeting Approved As Distributed:

Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve the June 13, 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:

Parks and Recreation Month Proclamation

Mayor Kaptain read the following proclamation:

Proclamation:

Whereas, parks and recreation programs are an integral part of communities throughout this country, including Elgin; and

Whereas, our parks and recreation programs are vitally important in building an active community, establishing and maintaining the quality of life in our city, ensuring the health of all citizens and contributing to the economic and environmental well-being of a community and region; and

Whereas, our 75 parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and

Whereas, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and

Whereas, the U.S. House of Representatives has designated July as Parks and Recreation Month.

Now Therefore, I, David Kaptain, Mayor of the city of Elgin, Illinois do hereby declare the month of July as Parks and Recreation Month in the city of Elgin.

In Witness Whereof, I have hereunto set my hand this 27th Day of June, 2018.

20th Annual Citizenship Recognition Program-

David Sam, President of Elgin Community College, acted as emcee and members of the Elgin Choral Union sang two selections. Karen Oswald outlined the process to achieve citizenship and Julian Hernandez spoke about his 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, Representative Steve Andersson, Senator Cristina Castro and Congressman Peter Roskam.

Recognize Persons Present:

Myra Becker stated her objections to the President’s immigration policies and urged the council to make a public statement.

Jacki Hartley stated her concerns regarding code enforcement, compliance and rental licensing. She told the council about the situation with a rental property in her neighborhood.

Anthony Bonner stated his concerns regarding landlords and rental licensing. He told the council about his personal experiences with landlord issues.

Nancy Burnridge stated her objections to the President’s immigration policies and urged the council to take action.

Bid 18-032 Awarded To Rose Brand Wipers Inc. For Hemmens Cultural Center Stage Curtain Replacement:

Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to Rose Brand Wipers Inc. in the amount of $51,290 to supply the curtains and associated equipment to replace the stage curtains in the Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

State Of Illinois Joint Purchase Program – Twenty (20) Panasonic Toughbook Computers:

Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve the purchase of twenty (20) Panasonic Toughbook Computers through the State of Illinois Joint Purchase Program using money from the Emergency Telephone System Fund in the amount of $80,060 in order to increase police operational efficiencies with improved technology. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Petition 14-18 Approved For The Property Located At 812 S. Mclean Boulevard For Conditional Use To Establish A Self-Defense Training School For Individuals And Businesses For Various Life- Threatening Scenarios:

Marc Mylott, Community Development Director, provided an overview of Petition 14-18, which would allow the establishment of a conditional use for a training school at 812 S. McLean Boulevard. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo.

There was discussion regarding the types of training that would be conducted at this location.

Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 14-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution 18-69 Adopted Accepting The Proposal Of Alliant Property Insurance Program For The City Of Elgin's Property, Inland Marine And Cyber Liability Insurance:

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

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 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 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, 2018 through June 30, 2019, for an annual premium of $241,303.

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.

Resolution 18-70 Adopted Approving Change Order No. 4 And Final For The Contract With Houseal Lavigne Associates For New City Of Elgin Comprehensive Plan:

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

Resolution No. 18-70

Resolution

Approving Change Order No. 4 And Final For The Contract With Houseal Lavigne Associates For New City Of Elgin Comprehensive Plan

Whereas, the City of Elgin has heretofore entered into a contract with Houseal Lavigne Associates for new City of Elgin Comprehensive Plan; and

Whereas, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 4 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. 4 and Final, a copy of which is attached hereto and made a part hereof by reference.

Ordinance G34-18 Passed Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Amend The Number Of Certain Available Liquor License Classifications:

Councilmember Gavin made a motion, seconded by Councilmember 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. G34-18

An Ordinance Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Amend The Number Of Certain Available Liquor License Classifications

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

Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraph H thereof to read as follows:

"H. The number of class B-4 licenses shall not exceed five (5) in number."

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

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

Ordinance G35-18 Passed Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Amend Regulations Relating To The Class S License And To Create New Class P And P-1 Catering Licenses:

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. G35-18

An Ordinance

Amending Chapter 6.06 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Alcoholic Liquor Dealers" To Amend Regulations Relating To The Class S License And To Create New Class P And P-1 Catering Licenses

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 amend certain regulations with respect to the Class S liquor license for banquet facilities and to create new classifications of liquor license for catering businesses.

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

Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by adding a new subparagraph S thereto, and by re-lettering the existing subparagraphs S through W accordingly, with such new subparagraph S thereto to read as follows:

"S. 1. Class P: For the retail sale of alcoholic liquor by an off-site bona fide catering business with headquarters within the city. Sales by a catering business may be made only for consumption on the premises at a private party or event when the food for said party or event is catered by the licensee and when the alcoholic liquor and food are served by the catering business. Such private parties or events shall not be opened to the public and no admission charge shall be levied to guests of such a private party. In addition, a bona fide catering business holding a Class P liquor license may sell, dispense or serve alcoholic liquor at a private party or event at a banquet facility in the City holding a Class S liquor license in conjunction with the service of food served by the catering business or served by another authorized food vendor at such banquet facility. Sales by a catering business shall be deemed to be made, and shall be recorded, only at the registered office of the licensee, which shall be the licensed premises. The license fee per year is Five Hundred Dollars ($500.00)."

2. Class P-1: For the retail sale of alcoholic liquor by an off-site bona fide outside catering business which does not have headquarters within the city. Sales by such an outside catering business may be made only for consumption on the premises at a private party or event when the food for said private party or event is catered by the licensee and when the alcoholic liquor and food are served by the catering business. Such private parties or events shall not be opened to the public and no admission charge shall be levied to guests of such a private party or event. In addition to the other requirements for a liquor license under this code, an outside caterer must submit proof of a valid license for the preparation of food service for service off the licensed premises issued by the appropriate licensing authority of the jurisdiction in which the applicant's catering business is located; proof of its ability to store, handle, prepare, transport and serve food in a safe and sanitary manner in accordance with standards no less stringent than imposed by the city; and proof of a valid license for the sale of alcoholic liquor issued by the appropriate licensing authority of the jurisdiction in which the applicant's outside catering business is located. The license fee per year is One Thousand Dollars ($1000.00)."

Section 2. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by adding subparagraph U thereof relating to the Class S license to read as follows:

"U. Class S: For the retail sale by banquet facilities, on the premises specified, of alcoholic liquor for consumption on the premises only. Banquet facilities shall consist of a business for which the exclusive activity is the catering of private parties, where there is service for consumption at tables of hors d'oeuvres, a buffet, a smorgasbord, or a full multiple course meal, and at which alcoholic liquor may be served or sold at the table and/or at a full service bar incident to such food service. Each banquet facility event at which alcoholic liquor may be served shall be prearranged under the sponsorship of a particular person or organization, including, but not limited to, wedding, birthday, anniversary, school graduation and other like celebratory dinners, periodic meetings of service organizations, political fundraising events, conferences/conventions, seminars, expositions, consumer or trade shows, art exhibitions or shows, live performances, workshops, fairs or festivals. Banquet facility events shall not be open to the general public, but attendance shall be by appointment or special invitation of the sponsors. No admission charge shall be levied to guests at such banquet facilities, except for a bona fide political fundraising event sponsored by a not for profit corporation or association registered with the State. The Class S license is also subject to the following regulations:

1. As an alternative to the Class S licensee selling and serving alcoholic liquor for a particular banquet event on the premises, the holder of a Class S license or its customers may instead engage the services of a vendor who holds a then current and otherwise valid Class A, A-1, AA, D, E, E-1, E-2, E-3, F, F-1, F-2, J, P or P-1 liquor license in the City, for the purpose of supplying, opening, dispensing, selling, and/or serving alcoholic liquors on the premises during a banquet facility event, for consumption on the premises only, and only where there is service for consumption at tables of hors d'oeuvres, a buffet, a smorgasbord, or a full multiple course meal. For such an event, alcoholic liquor may be supplied, opened, dispensed, sold and/or served at the table and/or at a full service bar incident to such food service. If a Class S licensee or its customers utilizes such a vendor, such vendor, its employees and servants, shall supply, open, dispense, sell, and/or serve all alcoholic liquors on the premises during said event.

2. As an alternative to selling alcoholic liquor for a particular banquet event on the premises, the holder of a Class S license may instead allow the consumption of alcoholic liquors, on the premises, that have been brought onto the premises by a person or persons who have contracted for a banquet facility event to be held on the premises, for consumption on the premises only, and only where there is service for consumption at tables of hors d'oeuvres, a buffet, a smorgasbord, or a full multiple course meal, subject to the following:

a. The licensee or a duly licensed outside vendor holding one of the license classifications listed in subparagraph 1 above, shall take control of such alcoholic liquors promptly upon delivery thereof to the premises, and shall provide BASSET trained servers for the opening, dispensing, sale, and/or serving of such alcoholic liquors during the event.

b. Any and all alcoholic liquors shall be opened, dispensed, sold and/or served on the premises only by such servers, and only to attendees of the event.

c. A certificate of insurance reflecting coverage for general liability purposes in the amounts otherwise due from and in place for the licensee shall be provided to the licensee by the patron or patrons supplying the alcoholic liquors, and the City of Elgin and the Local Liquor Control Commission of the City of Elgin shall be named as an additional insured on the policy.

d. Any alcoholic liquor remaining unserved after the conclusion of the event may be returned to the person or persons who supplied them, to be transported off the premises only in accordance with law.

3. The license fee per year is three hundred ninety six dollars ($396.00)."

Section 3. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by adding subparagraph L, which relates to the Class I special events license, and subparagraph O, which relates to the Class K-1 special events license upon the premises of city owned property, by amending the listing of license classifications therein by adding a reference to the Class P and P-1 licenses.

Section 4. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by adding new subparagraphs V and W thereto, and relettering the existing subparagraphs V through the remainder of such subparagraphs accordingly, with such new subparagraphs V and W to read as follows:

"V. The number of Class P licenses shall not exceed zero (0) in number.

W. The number of Class P-1 licenses shall not exceed zero (0) in number."

Section 5. That Section 6.06.115 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 P and P-1 licenses.

Section 6. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours:" be and is hereby further amended by amending the listing of license classification in subparagraph A thereof by adding a reference to the Class P and P-1 licenses.

Section 7. 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 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.

Consent Agenda:

By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G28-18 through G33-18 and adopt Resolution Nos. 18-65 through 18-68 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Resolution 18-65 Adopted Approving A Grant Recipient Under The 2018 Residential Conversion Grant Program:

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

Resolution No. 18-65

Resolution

Approving A Grant Recipient Under The 2018 Residential Conversion Grant Program

Whereas, the Residential Conversion Grant Program has been established to provide financial assistance and incentives for property owners of lawful non-conforming multi-family dwellings to convert their properties into their original, conforming residential use; and

Whereas, in 2018 one candidate have been selected by city staff to participate under the Residential Conversion Grant Program.

Now, Therefore, Be It Resolved By The City Council Of The City Of Elgin, Illinois, that the sum of $28,000 is allocated for the following candidate under the 2018 Residential Grant Program:

Property (Zoning); Owner; Amount:

321 E. Chicago Street; Jose Aguirre/Aguirre Properties LLC; $28,000

Total- $28,000

Be It Further Resolved that the projects shall be in conformance with all applicable codes and ordinances.

Be It Further Resolved that prior to receiving any grant funds recipients shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel.

Be It Further Resolved that for the remainder of 2018 city staff is hereby authorized to continue to advertise, solicit, review and award subsequent grants to eligible properties based on the approval priorities for selection.

Resolution 18-66 Adopted Authorizing Execution Of Amendment Agreement No. 2 With Strand Associates Inc. For Engineering Services In Connection With Various Utility Department Projects:

Resolution No. 18-66

Resolution

Authorizing Execution Of Amendment Agreement No. 2 With Strand Associates Inc. For Engineering Services In Connection With Various Utility Department Projects

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 Amendment Agreement No. 2 on behalf of the City of Elgin with Strand Associates Inc. for engineering services in connection with various utility department projects, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-67 Adopted Authorizing Execution Of Amendment Agreement No. 3 With Engineering Enterprises Inc. For Supplemental Construction Phase Professional Engineering Services In Connection With The Bowes Road Interceptor Sewer Truck 20 – Phase 2 Gravity Extension Project:

Resolution No. 18-67

Resolution

Authorizing Execution Of Amendment Agreement No. 3 With Engineering Enterprises Inc. For Supplemental Construction Phase Professional Engineering Services In Connection With The Bowes Road Interceptor Sewer Trunk 20 – Phase 2 Gravity Extension Project

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 Amendment Agreement No. 3 on behalf of the City of Elgin with Engineering Enterprises Inc. for supplemental construction phase professional engineering services in connection with the Bowes Road Interceptor Sewer Trunk 20 – Phase 2 Gravity Extension Project, a copy of which is attached hereto and made a part hereof by reference.

Resolution 18-68 Adopted Approving Final Plat Of Resubdivision For Fox River Business Center South Unit 1:

Resolution No. 18-68

Resolution

Approving Final Plat Of Resubdivision For Fox River Business Center South Unit 1

Be It Resolved By The City Council Of The City Of Elgin, Illinois, that it hereby approves the Final Plat of Resubdivision for Fox River Business Center South Unit 1, prepared by Spaceco Inc. dated February 8, 2016, last revised on April 17, 2018.

Ordinance G28-18 Passed Granting A Conditional Use For A Church (28 Tyler Creek Plaza):

Ordinance No. G28-18

An Ordinance Granting A Conditional Use For A Church (28 Tyler Creek Plaza)

Whereas, written application has been made requesting conditional use approval to establish a church at 28 Tyler Creek Plaza; and

Whereas, the zoning lot with the building containing the premises at 28 Tyler Creek Plaza 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 church is listed as a conditional use within the AB Area Business District; and

Whereas, the Planning & Zoning Commission conducted a public hearing concerning said application on May 7, 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 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 7, 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 church is hereby granted for the property commonly known as 28 Tyler Creek Plaza and commonly identified by Kane County Property Identification Numbers (PINs) 06-03-376-015, 06-03-376-016, 06-03-376-017, and 06-03-376- 020, and legally described as follows:

Lots 3, 4, 5 And 6 In Tyler Creek Plaza Subdivision, Being A Subdivision Of Part Of The East 1/2 Of The Southwest 1/4 Of Section 3, Township 41 North, Range 8, East Of The Third Principal Meridian, According To The Plat Thereof Recorded August 24, 1983 As Document 1660686, In Kane County, Illinois

Parcel 2:

Easement For Ingress And Egress And Parking For The Benefit Of Parcel 1 As Created By And Described In Declaration Document 1660687, As Amended From Time To Time, On And Over Lots 1 And 2 In Tyler Creek Plaza Subdivision Aforesaid And Also Over That Part Of Fractional Section 3, Township 41 North, Range 8, East Of The Third Principal Meridian, Described As Follows: Commencing At The Intersection Of The Center Line Of North Mclean Boulevard With The Center Line Of Big Timber Road, Thence Northerly Along The Center Line Of North Mclean Boulevard 882,12 Feet From The Place Of Beginning; Thence Easterly And Parallel With The Center Line Of Big Timber Road 405.44 Feet; Thence Southerly At Right Angles To The Last Described Course 396.00 Feet To A Point On The North Line Of Tyler Creek Plaza Subdivision; Thence Westerly Along Said North Line 398.72 Feet To The Center Line Of North Mclean Boulevard; Thence Northerly Along Said Center Line 396.06 Feet To The Place Of Beginning (Except Part In Mclean Boulevard) In The City Of Elgin, Kane County, Illinois

(commonly known as 1-60 Tyler Creek Plaza)

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 The Universal Church, as applicant, and J & J Covina Center Plc, as property owner, received December 21, 2017 and supporting documents including:

a. A letter from The Universal Church, signed by David Micena Neto, Vice President, dated December 11, 2017;

b. Undated Supplement to Application for Special Use letter, received December 21, 2017;

c. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 7, 2002;

d. Proposed Floor Plan for The Universal Church, Sheet FOLHA: 01, dated October 27, 2017;

e. Egress Plan and Floor Plan, Sheet A1, prepared for Tenant Occupancy for: Universal Church, dated February 7, 2018, received February 27, 2018;

f. Undated Tyler Creek Plaza Tenant Inventory, received January 24, 2018; and

g. Undated wall graphic plan, received January 24, 2018.

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. This grant of conditional use is limited to Tenant Space 28 as depicted upon the Tyler Creek Plaza Tenant Inventory, dated received January 24, 2018.

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

4. That the 100-foot restriction set forth in section 6-11 of the Illinois Liquor Control Act, 235 ILCS 5/1-1 et seq. (the “Act), shall not apply with respect to the church and future retail liquor licenses, such that future liquor license establishments shall not be prohibited by the Act from locating within 100 feet of any church or church affiliated school located at 28 Tyler Creek Plaza.

5. 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.

Ordinance G29-18 Passed Regarding A Conditional Use For A Church At 28 Tyler Creek Plaza And Future Retail Liquor Licenses:

Ordinance No. G29-18

An Ordinance Regarding A Conditional Use For A Church At 28 Tyler Creek Plaza And Future Retail Liquor Licenses

Whereas, the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.) contains certain regulations pertaining to the location of liquor license establishments in close proximity to churches and schools; and

Whereas, subsection 6-11 (a) of the Illinois Liquor Control Act (235 ILCS 5/6-11 (a)) provides in relevant part that no license shall be issued for the sale or retail of any alcoholic liquor within one hundred feet of any church; and

Whereas, written application has been made requesting conditional use (also known as a special use) approval for a church at the property commonly known as 28 Tyler Creek Plaza, Elgin, Illinois 60120 (“28 Tyler Creek Plaza”); and

Whereas, there is a pre-existing liquor license to sell alcoholic liquor at retail at the property commonly known as 20 Tyler Creek Plaza, Elgin, Illinois 60120 (“20 Tyler Creek Plaza”), and

Whereas, the pre-existing liquor license premises at 20 Tyler Creek Plaza is located within 100 feet of 28 Tyler Creek Plaza; and

Whereas, subsection 6-11 (f) of the Illinois Liquor Control Act (235 ILCS 5/6-11 )(f)) specifically addresses situations in which a church seeks to locate within 100 feet of a property having a preexisting liquor license as follows:

Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or in a municipality with 75,000 or more inhabitants from locating within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail. In these instances, the local zoning authority may, by ordinance adopt simultaneously with the granting of an initial special use zoning permit for the church or church affiliated school, provide that the 100-foot restriction in this Section shall not apply to that church or church affiliated school and future retail liquor licenses. 235 ILCS 5/6- 11 (f) (emphasis supplied).

Whereas, the City of Elgin is both a home rule municipality and is a municipality with 75,000 or more inhabitants; and

Whereas, the City Council of the City of Elgin is the local zoning authority for the City of Elgin; and

Whereas, the granting of a conditional use approval under the City of Elgin’s zoning ordinance is equivalent to and is the same as a special use zoning permit referred to in subsection 6-11 (f) of the Illinois Liquor Control Act (235 ILCS 5/6-11 (f)); and

Whereas, both 28 Tyler Creek Plaza and 20 Tyler Creek Plaza are located within the AB Area Business District and ARC Arterial Road Corridor Overlay District; and

Whereas, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt this ordinance simultaneously with the granting of a conditional use for the church at 28 Tyler Creek Plaza whereby the 100-foot restriction in Section 6-11 (a) of the Illinois Liquor Control Act shall not apply to any church or church affiliated school and future retail liquor licenses within 100 feet of 28 Tyler Creek Plaza.

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

Section 1. That the forgoing recitals are hereby incorporated into this ordinance in their entirety as if fully set forth in this section.

Section 2. That this ordinance is being adopted simultaneously with Ordinance No. G28-18 providing for the granting of an initial conditional sue (also known as a special use zoning permit) for a church to be located at the property commonly known as 28 Tyler Creek Plaza. Pursuant to 235 ILCS 5/6-11 (f), the 100-foot restriction for the issuance of a liquor license to sell alcoholic liquor at retail within 100 feet of a church or church affiliated school provided for in 235 ILCS 5/6-11 (a) shall not apply to the church or church affiliated school at 28 Tyler Creek Plaza and future retail liquor licenses to be issued within 100 feet of such premises at 28 Tyler Creek Plaza.

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 full in force and effect upon its passage in the manner provided by law.

Ordinance G30-18 Passed Granting A Conditional Use For An Amusement And Recreational Service Not Elsewhere Classified In The Ab Area Business District And Arc Arterial Road Corridor Overlay District (1030 Summit Street, Unit G):

Ordinance No. G30-18

An Ordinance Granting A Conditional Use For An Amusement And Recreational Service Not Elsewhere Classified In The Ab Area Business District And Arc Arterial Road Corridor Overlay District (1030 Summit Street, Unit G)

Whereas, written application has been made requesting conditional use approval to establish an amusement and recreational service, not elsewhere classified (establishment for game playing activities) at 1030 Summit Street, Unit G; and

Whereas, the zoning lot with the building containing the premises at 1030 Summit Street, Unit G is legally described herein (the “Subject Property”); and

Whereas, the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and an amusement and recreational service, not elsewhere classified is listed as a similar use within the AB Area Business District; and

Whereas, the amusement and recreational service, not elsewhere classified as described in the written application for a conditional use at 1030 Summit Street, Unit G is most similar to the coin operated amusement establishments (7993) listed as a conditional use within the AB Area Business District; and

Whereas, the Planning & Zoning Commission conducted a public hearing concerning said application on May 7, 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 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 2. That a conditional use for an amusement and recreational service, not elsewhere classified (establishment for game playing activities) is hereby granted for the property commonly known as 1030 Summit Street, Unit G and commonly identified by Cook County Property Identification Number (PIN) 06-07-314-023-0000, and legally described as follows:

That Part Of The Southwest 1/4 Of The Southeast 1/4 And The Southeast 1/4 Of The Southwest 1/4 Of Section 7, Township 41 North, Range 9, East Of The Third Principal Meridian, Described As Follows: Beginning At The Intersection Of The North Line Of State Route 58, According To The Plat Of Dedication Thereof Recorded As Document No. 11323614, With An East Line Of Highfield Place, Being A Subdivision According To The Plat Thereof Recorded March 17, 1980 As Document No. 25393343; Thence North 00 Degrees 33 Minutes 16 Seconds East Along An East Line Of Said Highfield Place, 702.91 Feet To The North Line Of The Southeast 1/4 Of The Southwest 1/4 Of Said Section 7; Thence North 87 Degrees 07 Minutes 45 Seconds East Along Said Last Described North Line, Being Also A Southerly Line Of Said Highfield Place, 342.00 Feet To The Most Easterly East Line Of Said Highfield Pla E. Being Also The Southwest Corner Of Lot 1 In Cobbler's Crossing Unit 2 Being A Subdivision In The South 1/2 Of Said Section 7 According To The Plat Thereof Recorded March 22, 1989 As Document No. 89126888; Thence Continuing North 87 Degrees 07 Minutes 45 Seconds East Along The North Line Of The Southeast 1/4 Of The Southwest L/4 Of Said Section 7 And Along The North Line Of The Southwest 1/4 Of The Southeast L/4 Of Said Section 7, Being Also The South Line Of Lot 1 In Said Cobbler's Crossing Unit 2, 284.89 Feet To The Westerly Line Of Shady Oaks Drive In Said Cobbler's Crossing Unit 2; The Following Four Courses Are Along The Westerly Line Of Said Shady Oaks Drive; Thence Southerly Along A Curved Line Convex Westerly And Haying A Radius Of 370.00 Feet, An Arc Distance Of 126.57 Feet To A Point Of Tangency In Said Line (The Chord Of Said Arc Bears South 02 Degrees 48 Minutes 59 Seconds East, 125.96 Feet); Thence South 12 Degrees 36 Minutes 59 Seconds East Along A Line Tangent To Said Last Described Curved Line At Said Last Described Point, 199.20 Feet To A Point Of Curvature In Said Line; Thence Southerly Along A Curved Line Convex Easterly, Having A Radius Of 500.00 Feet And Being Tangent To Said Last Described Line At Said Last Described Point, An Arc Distance Of 104.62 Feet To A Point Of Tangency In Said Line (The Chord Of Said Arc Bears South 06 Degrees 37 Minutes 19 Seconds East, 104.43 Feet); Thence South 00 Degrees 37 Minutes 39 Seconds East Along A Line Tangent To Said Last Described Curved Line At Said Last Described Point 19.72 Feet To A Point 283.00 Feet, As Measured Along The Westerly Line Of Said Shady Oaks Drive, North Of The Intersection Of Said Westerly Line With The North Line Of State Route 58, Aforesaid; Thence North 70 Degrees 26 Minutes 53 Seconds West; 124.65 Feet; Thence South 89 Degrees 22 Minutes 21 Seconds West, 44.00 Feet; Thence South 00 Degrees 37 Minutes 39 Seconds East, 362.00 Feet; To A Point On The North Line Of Said State Route 58, Said Point Being 161.00 Feet, As Measured Along Said North Line, West Of The Intersection Of Said North Line Of State Route 58 With The Westerly Line Of Shady Oaks Drive, Aforesaid; Thence South 89 Degrees 22 Minutes 21 Seconds West Along Said North Line Of State Route 58,537.00 Feet To The Place Of Beginning, In Cook County, Illinois

And

Lots 3, 4, And 5 In Highfield Place, Being A Subdivision Of Part Of The South Half Of Section 7, Township 41 North, Range 9 East Of The Third Principal Meridian, In The County Of Cook, State Of Illinois.

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

6. Substantial conformance to the Development Application submitted by Games Workshop Retail Inc. as applicant, and IN Retail Fund Cobbler Crossing, L.L.C., as property owner, received March 16, 2018, and supporting documents including:

a. Statement of Purpose and Conformance letter, prepared by Desiree Dorsey, Games Workshop Retail Inc., dated March 14, 2018;

b. Plat of Survey, prepared by Edward J. Molloy and Associates, Ltd., dated April, 5, 2012;

c. Proposed Store Layout, prepared by Games Workshop, received March 16, 2018; and

d. 3-page Sign Plans, prepared by Prestige Sign Group Inc., dated December 6, 2017.

7. All street graphics must comply with the zoning ordinance requirements. A separate sign permit is required for any temporary signage for events organized at the existing retail store.

8. All events organized at the existing retail store must be held on the interior of the commercial space. A separate temporary use permit is required for the use of outdoor premises for any event organized at the existing retail store.

9. Compliance with all applicable codes and ordinances.

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

Ordinance G31-18 Passed Granting A Conditional Use For A Physical Fitness Facility In The Cci Center City District And Arc Arterial Road Corridor Overlay District (225 East Chicago Street, Unit B):

Ordinance No. G31-18

An Ordinance Granting A Conditional Use For A Physical Fitness Facility In The Cci Center City District And Arc Arterial Road Corridor Overlay District (225 East Chicago Street, Unit B)

Whereas, written application has been made requesting conditional use approval to establish a physical fitness facility at 225 East Chicago Street Unit B; and

Whereas, the zoning lot with the building containing the premises at 225 East Chicago Street Unit B is legally described herein (the “Subject Property”); and

Whereas, the Subject Property is located within the CC1 Center City District and ARC Arterial Road Corridor Overlay District, and a physical fitness facility is listed as conditional uses within the CC1 Center City District; and

Whereas, the Planning and Zoning Commission conducted a public hearing concerning said application on May 7, 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 CC1 Center City District pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 7, 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 a physical fitness facility is hereby granted for the property commonly known as 225 East Chicago Street, Unit B, commonly identified by Kane County Property Identification Number (PIN) 06-13-302-011, and legally described as follows:

The North 46 feet of Lot 1 in Block 11 of The Original Town of Elgin, Kane County, Illinois, as laid out by James T. Gifford more particularly described as follows: Beginning at the intersection of the West line of Villa Street with the South line of Chicago Street, running thence West along the North line of said Lot and the South line of Chicago Street 66 feet; thence South along the West line of said Lot, 46 feet; thence East parallel with the South line of Chicago Street, 66 feet to the West line of Villa Street; thence North along West line of Villa Street, 46 feet to the place of beginning; 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:

10. Substantial conformance to the Development Application submitted by Maria Bullock, as applicant, and Andrew Cuming, as property owner, received March 22, 2018, and supporting documents including:

a. Undated Maria Bullock Business Plan Nutrition and Zumba fitness club/studio letter, received March 22, 2018;

b. Fit Partners narrative letter, dated March 8, 2018;

c. Plat of Survey, prepared by Schlaf-Sedig & Associates Inc., dated May 21, 2017;

d. Undated floor plan submitted for the certificate of occupancy permit for retail drug store; and

e. Undated floor plan, received March 28, 2018.

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

12. 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 G32-18 Passed Granting A Conditional Use To Establish A Commercial Event Space Involving Various Assemblies Of People In The Cci Center City District (216 Prairie Street):

Ordinance No. G32-18

An Ordinance Granting A Conditional Use To Establish A Commercial Event Space Involving Various Assemblies Of People In The Cci Center City District (216 Prairie Street)

Whereas, written application has been made requesting conditional use approval to establish a commercial event space for activities pertaining to assembly of people at 216 Prairie Street; and

Whereas, the zoning lot with the building containing the premises at 216 Prairie Street is legally described herein (the “Subject Property”); and

Whereas, the Subject Property is located within the CC1 Center City District and a commercial event space for activities pertaining to assembly of people is listed as a conditional use within the CC1 Center City District; and