City of Elgin City Council met Dec. 21

By Angelica Saylo Pilo

Feb 15, 2023

City of Elgin City Council met Dec. 21.

Here are the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on December 21, 2022, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:02 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.

MINUTES OF THE DECEMBER 7, 2022, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the December 7, 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

Elgin Bears Football Proclamation

Councilman Dixon read the following proclamation:

PROCLAMATION

WHEREAS, the Elgin Bears 12U & 7U football teams, which call Drake Field their home field, both went undefeated and came in 1st place at the Northern Illinois United Youth Football League State Championship and have qualified for Nationals in Florida, both teams finished with outstanding records of 12-0 for the season; and

WHEREAS, the Elgin Bears 12U & 7U Teams worked to improve the image of Elgin by positively representing the community where they live, play and study, were the only two of eight teams from Elgin to qualify for the National Championship Tournament; and

WHEREAS, the Elgin Bears 12U Team are coached by Jerrail Johnson-Blalark and Semaj Collier and Team Mom Michella Cifaldi, and the Elgin Bears 7U are coached by Antho Barracks, Brandyn Rosario, Marcei Simon, Damon, Parham, Avery , Purham, and Julio Martinez; and

WHEREAS, a very special recognition to the Elgin Bears football team supporters, parents and the concession stand which was organized and ran by Raquel Dunn, Semara Lowe, Michelle Douglas, Charlotte Dunn, Patricia Douglas, and Jasmine Harris, these are the people that helped this organization raise and maintain funds that were needed.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to the Elgin Bears Youth Football 12U & 7U Teams on their achievement in their 2022 season and their qualification to the National Championship in Florida.

IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of December 2022.

David J. Kaptain

Mayor

Elgin Bears Football Recognition

Anna Moeller, State Representative, presented the team with recognition from the state house.

PUBLIC COMMENTS

Sue Webb, via email, commented on the impact of having fencing at Larkin High School

Leonard Lempa, via email, commented on his support of keeping Lord’s Park Pool open and operational.

BID 22-060 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT CHEMICALS

Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve contracts with various vendors detailed in the memo provided to council in the amount of $2,638,262 for the purchase of various chemicals for water treatment to provide purified drinking water. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 22-061 AWARDED TO CARBON ACTIVATED CORPORATION FOR GAC FILTER MEDIA REMOVAL AND REPLACEMENT

Councilmember Thoren made a motion, seconded by Councilmember Martinez, to award the GAC Filter Media Removal and Replacement bid to Carbon Activated Corporation in the amount of $170,356 to enhance the city’s water treatment by exchanging the spent granular activated carbon to continue to provide high quality water. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITIONS 44-22 AND 50-22 APPROVED FOR 820 S. MCLEAN BOULEVARD; AMENDMENT TO PLANNED DEVELOPMENT AND CONDITIONAL USE TO ESTABLISH AN INDOOR SKATE PARK WITH A COMMERCIAL EVENT SPACE WITHIN AN EXISTING MULTI-TENANT BUILDING

Marc Mylott, Community Development Director, outlined Petitions 44-22 and 50-22 for the 820 South McLean Boulevard. The petition allows for conditional use to establish an indoor skate park and commercial event space. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Dixon made a motion, seconded by Councilmember Powell, to approve Petitions 44-22 and 50-22 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

ORDINANCE T12-22 PASSED ADOPTING THE 2023 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE

Councilmember Shaw made a motion, seconded by Councilmember Thoren, 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. T12-22

AN ORDINANCE

ADOPTING THE 2023 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE

WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2023; and

WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and

WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget.

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

Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2023 and is attached hereto.

Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2023 annual budget.

Section 3. That this ordinance shall be in full force and effect from and after January 1, 2023.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE T13-22 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2022 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS

Councilmember Powell made a motion, seconded by Councilmember Thoren, 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. T13-22

ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2022 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS

WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 21st of December, 2022 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2023, the amount of which is ascertained to be the aggregate sum of $359,616,320.

WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt.”

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

Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City of Elgin, subject to taxation for the year 2022, the total sum of $49,491,630 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City of Elgin for the certain appropriations specified herein to be collected from said tax levy.

The total amount of $49,491,630 levied by this ordinance for all funds.

Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law.

Section 3. That the City Clerk be and is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE T14-22 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN

Councilmember Steffen made a motion, seconded by Councilmember Dixon, 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. T14-22

AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN

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

Section 1. Findings: That the City of Elgin Special Service Area Number Nineteen has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Nineteen in the City of Elgin” passed and effective on October 8, 2008; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Nineteen are authorized to levy taxes for special services in said special service area.

Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Nineteen, subject to taxation for the year 2022, the sum total of $55,060 for the following purposes.

Estimated Receipts From Sources To Be 2023 Other Than Raised By Appropriation Taxation Taxation Debt Services – for payment of $55,060 $545 $54,515 principal and interest

Total appropriation $55,060

Total revenues from sources other than Taxation $0

Amount to be raised by taxation $54,515 Add: 1% for loss of collection 545

Total amount to be raised by taxation for Special Service Area Number Nineteen purposes $55,060

Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Nineteen.

Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Nineteen requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance.

Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-229 ADOPTED ADOPTING THE THREE-YEAR FINANCIAL PLAN

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. 22-229

RESOLUTION

ADOPTING THE THREE-YEAR FINANCIAL PLAN

WHEREAS, strategic goals and policies for the community were formulated from extensive dialogue and incorporated into the 2023 Budget and 2023-2025 Financial Plan; and

WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and

WHEREAS, the Proposed 2023 Budget and 2023-2025 Financial Plan have been placed on file for public review with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Three-Year Financial Plan is hereby adopted as a policy document of the city as an additional guide for strategic planning and operations.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G69-22 PASSED ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS

Councilmember Martinez made a motion, seconded by Councilmember Steffen, 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. G69-22

AN ORDINANCE

ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS

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

Section 1. That the fees, charges and rates for 2023 as set forth in the User Fees Exhibit from the adopted 2023 Budget attached hereto as Exhibit 1, be and the same are hereby established for the various city services, permits, licenses, use of facilities and other matters as set forth in such attached User Fees Exhibit.

Section 2. If any provision, clause, sentence, paragraph, section or part of this ordinance including the user fees exhibit attached hereto, or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included.

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

Section 4. That this ordinance shall be in full force and effect from and after January 1, 2023.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G70-22 PASSED AMENDING ORDINANCE NO. G69-21 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN

Councilmember Shaw 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. G71-22

AN ORDINANCE AMENDING ORDINANCE NO. G70-21 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G70-21 be and is hereby amended in its entirety to read as follows:

Section 1. That there is hereby established the following schedule of standard hourly pay ranges for part time and seasonal Parks & Recreation employees.

Section 2. Except as provided below, employees hired prior to September 30, 2011, in a permanent (non-seasonal) part-time position averaging 20 or more hours per week with the notation “IB” (IMRF and Benefits) shall also be eligible for the following benefit program:

1. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee).

2. Sick leave, Medical Insurance, or Opt Out (HRA) - Eligible part-time employees may choose between the annual accrual of three (3) four hour sick days or participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part-time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participate in the City’s Opt-Out plan (HRA Health Reimbursement Account) – annual reimbursement of $1000.

3. Holidays – Eleven (11) holidays, consisting of New Year’s Day, Martin Luther King Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday).

Employees in the positions of P.T. Program Leaders to assist with before and after school programs held in School District 301 schools, P.T. Program Leaders for The Centre after school program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC for weekend and evening supervision and all employees hired on or after September 30, 2011, shall not be eligible for or receive any of the benefits set forth in this Section 2.

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, 2023, upon its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G71-22 PASSED AMENDING ORDINANCE NO. G70-21 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT

Councilmember Martinez made a motion, seconded by Councilmember Good, 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. G71-22

AN ORDINANCE AMENDING ORDINANCE NO. G70-21 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G70-21 be and is hereby amended in its entirety to read as follows:

Section 1. That there is hereby established the following schedule of standard hourly pay ranges for part time and seasonal Parks & Recreation employees.

3. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee).

4. Sick leave, Medical Insurance, or Opt Out (HRA) - Eligible part-time employees may choose between the annual accrual of three (3) four hour sick days or participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part-time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participate in the City’s Opt-Out plan (HRA Health Reimbursement Account) – annual reimbursement of $1000.

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, 2023, upon its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G72-22 PASSED ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN

Ordinance No. G72-22

AN ORDINANCE ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN

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

Section 1. That effective January 1, 2023, there is hereby established the following offices and positions and schedule of standard monthly and annual salary ranges for the City's Non-Bargaining Unit Member Group

The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to nine (9) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range.

The accumulation of vacation leave shall be limited as provided by Ordinance No. S11- 09, as amended.

2) Sick Leave - For employees hired prior to March 1, 2010, sixty (60) days (in 12- hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, thirty (30) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave.

3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary.

4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel.

5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty.

6) Fire Battalion Chiefs - Fire Battalion Chiefs shall be paid at their current hourly rate of pay at straight time for hours worked filling a vacant shift position on a scheduled day off which otherwise would have been filled by overtime. This provision shall relate only to shift positions only and not any other duties.

7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year.

8) Car Allowance – $350 per month car allowance for the following positions: Corporation Counsel/Chief Development Officer, Chief Financial Officer, Assistant City Manager, Human Resources Director, Community Development Director, Parks and Recreation Director, Communications Director, Water Director, Director of Neighborhood Services and Economic Development Director.

The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range.

The accumulation of vacation leave shall be limited as provided by Ordinance No. S11- 09, as amended.

2) Sick Leave - For employees hired prior to March 1, 2010, thirty (30) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, twenty (20) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave.

3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary.

6) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants and Police Sergeants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants and Police Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours.

The accumulation of vacation leave shall be limited as provided by Ordinance No. S11- 09, as amended.

2) Sick Leave - For employees hired prior to March 1, 2010, fifteen (15) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, fifteen (15) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave.

3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary.

5) Personal Days - Three (3) personal days shall be provided per year. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year.

Police Management Sick Leave Bonus - All police management employees on the active payroll as of the beginning of a payroll year, shall have established a $240 sick leave occurrence bank. For each 8 hours of sick leave used during a payroll year, $40.00 shall be deducted from the employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll year shall receive a voucher payment equal to the balance remaining in their individual sick leave bonus bank.

Police Management Sick Leave Conversion - Police management employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is equivalent to a maximum of 1,928 hours of sick leave time. In recognition of non-use of sick leave time, police management employees shall be eligible for a severance sick leave conversion payment upon separation from employment. Such severance payment shall be equivalent to twenty-five percent (25%) of the value of the employee's accumulated and unused sick leave as of the effective date of the employee's separation from employment, and shall be paid to the employee in a lump sum, minus any applicable deductions. For the purposes of this section, the employee's hourly wage shall be equivalent to the employee's hourly wage rate inclusive of annual longevity pay paid to the employee, if any.

Police Management Voluntary Fitness Program - Police management personnel shall be eligible to participate in the police department's voluntary physical fitness program under the same terms and conditions provided for other police department employees.

Police Language Proficiency Stipend - Police management employees who are certified by the City or a third party selected by the City to be proficient in Spanish, Laotian or sign language shall be paid a stipend of $50 per month.

Medical Insurance for Groups A, B, and C - Comprehensive major medical insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage options. Effective March 1, 2010, for employees hired prior to March 1, 2010, the City will pay 85% of the specified premium for the coverage selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 15% of the specified premium. Effective March 1, 2010, for employees hired on or after March 1, 2010, the City will pay 80% of the specified premium for the coverage selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 20% of the specified premium. Notwithstanding anything to the contrary in Ordinance G70-02, as amended, employees hired on or after March 1, 2010, shall not be eligible to continue to participate in the City’s group health insurance plan pursuant to Ordinance No. G70-02, as amended. Employees who have alternative health insurance coverage may elect to discontinue to participate in the City’s health insurance plan pursuant to the City’s health insurance opt out program adopted pursuant to Resolution No. 05-38, as amended by Resolution No. 09-24. The opt out benefit to such employees shall be in the annual amount of $3,000 prorated based upon employment with the city during the applicable plan year and shall be paid at the employee’s option either to a Health Reimbursement Account or in the form of additional compensation to the employee to be paid in a lump sum, less appropriate deductions, on December 1 in the applicable plan year. An employee hired prior to March 1, 2010, who provides the City with a written commitment to opt for coverage under the City's Health Maintenance Organization (HMO) Plan for a four (4) year period on a form provided by the City shall receive a one-time payment of $1,000. In the event of any such employee fails to fulfil or otherwise breaches said aforementioned four (4) year written commitment, such employee shall agree to refund the aforementioned $1,000 to the City via payroll deduction.

Vacation and Sick Leave Buy Back for Groups A, B, and C - Effective January 1, 2010, an employee determined by the City Manager in the City Manager’s sole and exclusive discretion to be outstanding and deserving of a performance reward may sell back to the City at the employee’s then current salary rate up to five (5) accrued and unused vacation days each calendar year and up to five (5) accrued and unused sick days each calendar year. The determination by the City Manager as to whether any employee qualifies for such vacation and/or sick leave buy back and the amount thereof shall be in the sole and exclusive discretion of the City Manager and shall not be subject to any review, appeal, grievance and/or arbitration procedures.

401 (a) Plan for Groups A, B, and C - Effective March 14, 2010, the City’s deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract (Management Group) employees, whereby the City contributed 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program, shall be terminated.

Longevity Pay for Groups A, B, and C - Effective March 14, 2010, employees hired prior to January 1, 2010, shall receive as additional earnings annual longevity pay in the amount of an additional 4% of the employee’s annual salary. Longevity pay shall be paid to employees in installments with each payroll. Employees hired on or after March 1, 2010, shall not be eligible for or receive longevity pay.

Sick Leave Conversion For Vacation Leave - Accrued sick leave over 480 hours (60 days) (or over 720 hours (60-12 hour days) for fire shift employees) may be converted at the rate of three (3) days of sick leave for one (1) day of vacation leave. Such conversion is limited to a maximum of five (5) days of vacation leave (or 12-12 hour periods for fire shift employees) in any one calendar year. The minimum balance of sick leave after such conversion shall not be less than 60 days.

Sick Leave Conversion for Severance Pay - Upon retirement or leaving city employment in good standing, employees may be eligible to convert accrued sick leave for severance pay. An employee with accrued sick leave of more than 720 hours (90) days (or 1,080 hours (90-12 hour days) for fire shift employees) may convert up to a maximum of 20 days or 160 hours of sick leave for severance pay (240 hours for fire shift employees), as long as the remaining balance of accrued sick leave does not total less than 90 days of accrued sick leave. Such conversion shall be at the rate of three (3) days of sick leave for one (1) day of severance pay. Accrued sick leave applied by an employee for IMRF service credit shall not be eligible for sick leave conversion for severance pay. The provisions of this section shall not apply to police management employees.

Additional Sick Leave Benefit for Fully Vaccinated Employees for COVID-19 Illness – In the event an employee who is fully vaccinated for COVID-19 has one or more breakthrough cases of COVID-19 as confirmed by a PCR or NAAT test, the City will provide to such employee up to five (5) additional sick days for a breakthrough case of COVID-19 while that employee is recovering from such breakthrough COVID-19 case, and not to exceed a total of ten (10) additional sick days for all future breakthrough COVID-19 cases for such an employee. The City Manager is authorized and directed to provide for administrative regulations regarding this additional sick leave benefit including, but not limited to, the definition of being fully vaccinated, testing and documentation requirements.

Adjustment of Pay Grades Within Groups A, B and C - The City Manager, in the City Manager’s discretion, may either increase or decrease the pay grades for positions within the non-bargaining unit member group based upon the completion of periodic salary or market surveys. Such adjustments shall be limited to movement within the A, B and C benefit group classifications and shall not exceed the maximum amount of compensation within the benefit group as established by the City Council in the most recent ordinance establishing the pay and benefit plans for the non-bargaining unit member group. Such adjustments of pay grades by the City Manager shall be identified in the subsequent ordinance to be adopted by the City Council establishing a pay and benefit plan for the non-bargaining unit member 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, 2023, upon its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G73-22 PASSED REPEALING CHAPTER 2.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RESIDENCY AND COMMUNITY SERVICE REQUIREMENTS FOR CITY OFFICERS”

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

Ordinance G73-22

AN ORDINANCE

REPEALING CHAPTER 2.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RESIDENCY AND COMMUNITY SERVICE REQUIREMENTS FOR CITY OFFICERS”

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

Section 1. That Chapter 2.20 of the Elgin Municipal Code, 1976, as amended, entitled "Residency and Community Service Requirements for City Officers" be and is hereby repealed in its entirety.

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

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-230 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO EMPLOYMENT CONTRACT WITH CITY MANAGER RICHARD G. KOZAL TO ADD A RESIDENCY REQUIREMENT

Councilmember Shaw 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. 22-230

RESOLUTION

AUTHORIZING EXECUTION OF AN AMENDMENT TO EMPLOYMENT CONTRACT WITH CITY MANAGER RICHARD G. KOZAL TO ADD A RESIDENCY REQUIREMENT

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 Amendment to Employment Contract on behalf of the City of Elgin with City Manager Richard G. Kozal to add a residency requirement, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-231 ADOPTED AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH COMMONWEALTH EDISON COMPANY AND AZAVAR AUDIT SOLUTIONS, INC. REGARDING THE AUDIT OF COMED COLLECTIONS

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. 22-231

RESOLUTION

AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH COMMONWEALTH EDISON COMPANY AND AZAVAR AUDIT SOLUTIONS, INC. REGARDING THE AUDIT OF COMED COLLECTIONS

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Settlement Agreement on behalf of the City of Elgin with Commonwealth Edison Company and Azavar Audit Solutions, Inc., regarding the audit of ComEd collections, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-232 ADOPTED AUTHORIZING CERTAIN RENT MODIFICATIONS TO THE LEASE WITH ELGIN RIVERBOAT RESORT RIVERBOAT CASINO FOR THE GRAND VICTORIA CASINO

Councilmember Dixon made a motion, seconded by Councilmember Good, 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. 22-232

RESOLUTION

AUTHORIZING CERTAIN RENT MODIFICATIONS TO THE LEASE WITH ELGIN RIVERBOAT RESORT-RIVERBOAT CASINO FOR THE GRAND VICTORIA CASINO

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves of the certain rent modifications providing for the waiver of the CPI-U increases for FY2020 and FY2021 for the lease with Elgin Riverboat-Riverboat Casino for the Grand Victoria Casino as set forth and summarized in the attached memorandum of December 15, 2022, from City Manager Richard G. Kozal, a copy of which is attached hereto and made a part of by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

AUTHORIZATION FOR PAYMENT – FIRE DEPARTMENT MANAGEMENT EXCESS VACATION PAYOUTS

Councilmember Powell made a motion, seconded by Councilmember Martinez, to authorize payment for excess accrued vacation hours to two battalion chiefs and one division chief in the fire department in the total amount of $78,298.13 in order to ensure availability of management staff, reduce overtime expenditures and make payment on vacation accruals at current, rather than future salaries. 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 Martinez made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G66-22 through G68-22 and adopt Resolution Nos. 22-223 through 22-228 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 22-223 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR 1384 MADELINE LANE AND 1390 MADELINE LANE FOR WATERMAIN PURPOSES FROM CKD ESTATE LLC

Councilmember Martinez made a motion, seconded by Councilmember Steffen, 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. 22-223

RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR 1384 MADELINE LANE AND 1390 MADELINE LANE FOR WATERMAIN PURPOSES FROM CKD ESTATE LLC

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement within the site located at 1384 Madeline Lane and 1390 Madeline Lane for watermain purposes from CKD Estate LLC regarding the property legally described on said plat, prepared by Jacob & Hefner Associates dated July 29, 2022, last revised on September 8, 2022, a copy of which is attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement for 1384 Madeline Lane and 1390 Madeline Lane to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-224 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR 1460 SHELDON DRIVE FOR STORMWATER MANAGEMENT PURPOSES FROM SCHOOL DISTRICT U-46

Resolution No. 22-224

RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR 1460 SHELDON DRIVE FOR STORMWATER MANAGEMENT PURPOSES FROM SCHOOL DISTRICT U-46

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 and accept a Plat of Easement for stormwater management purposes within the site located at 1460 Sheldon Drive from School District U-46 regarding the property legally described on said plat, prepared by Hampton, Lenzini and Renwick, Inc. dated March 8, 2021, a copy of which is attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement for 1460 Sheldon Drive to be recorded in the office of the Recorder of Deeds of Cook County, Illinois.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-225 ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH COVESTRO LLC

Resolution No. 22-225

RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH COVESTRO LLC

WHEREAS, Covestro LLC, a Pennsylvania limited liability company, is the owner of certain property located outside the corporate limits of the City of Elgin; and

WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement.

NOW, THEREFORE, 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 respectively authorized and directed to execute a Fire Protection Agreement on behalf of the City of Elgin with Covestro LLC, for fire protection service, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-226 ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH ILLINOIS TOOL WORKS, INC.

Resolution No. 22-226

RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH ILLINOIS TOOL WORKS, INC.

WHEREAS, Illinois Tool Works, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and

WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement.

NOW, THEREFORE, 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 respectively authorized and directed to execute a Fire Protection Agreement on behalf of the City of Elgin with Illinois Tool Works, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-227 ADOPTED AUTHORIZING THE PURCHASE OF PUBLIC SAFETY VEHICLE EQUIPMENT FROM SAUBER MFG. CO.

Resolution No. 22-227

RESOLUTION AUTHORIZING THE PURCHASE OF PUBLIC SAFETY VEHICLE EQUIPMENT FROM SAUBER MFG. CO.

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 purchase public safety vehicle equipment from Sauber Mfg. Co. for the total amount of $70,401.00 pursuant to the quotation therefore dated October 14, 2022, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-228 ADOPTED AUTHORIZING EXECUTION OF A JOINT PURCHASING BASED AGREEMENT WITH REINDERS, INC. FOR THE PURCHASE OF MAINTENANCE EQUIPMENT FOR THE CITY OF ELGIN’S GOLF COURSES

Resolution No. 22-228

RESOLUTION AUTHORIZING EXECUTION OF A JOINT PURCHASING BASED AGREEMENT WITH REINDERS, INC. FOR THE PURCHASE OF MAINTENANCE EQUIPMENT FOR THE CITY OF ELGIN’S GOLF COURSES

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 Joint Purchasing Based Agreement on behalf of the City of Elgin with Reinders, Inc., for the purchase of maintenance equipment for the City of Elgin’s golf courses, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Adopted: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G66-22 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

Ordinance No. G66-22

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-5 licenses shall not exceed thirteen (13) in number.”

Section 2. 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 a new subparagraph L, and by re-lettering the remaining subparagraphs accordingly, and with the new subparagraph L thereto the read as follows:

“L. The number of Class D-1 licenses shall not exceed one (1) in number."

Section 3. That all ordinances or parts of ordinance 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 upon its passage and publication in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G67-22 PASSED RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO GI GENERAL INDUSTRIAL DISTRICT (450 SHEPARD DRIVE)

Ordinance No. G67-22

AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO GI GENERAL INDUSTRIAL DISTRICT (450 Shepard Drive)

WHEREAS, written application has been made to reclassify certain property located at 450 Shepard Drive from CI Commercial Industrial District to GI General Industrial District; and

WHEREAS, the zoning lot containing the premises at 450 Shepard Drive is legally described herein (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on November 7, 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; 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 map amendment from CI Commercial Industrial District to 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 November 7, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph:

The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the GI General Industrial District the following described property:

Lots 2 and 3 of Second Addition to Burnidge Bros. Industrial Park Block A and B of Unit No. 1 Recorded as Document 1172134 at Plat Book 55 Page 27, in the City of Elgin, Illinois (commonly known as 450 Shepard Drive).

Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: December 21, 2022

Passed: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G68-22 PASSED GRANTING A CONDITIONAL USE FOR AN ADULT USE CANNABIS CRAFT GROWER IN THE GI GENERAL INDUSTRIAL DISTRICT (450 SHEPARD DRIVE)

Ordinance No. G68-22

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

(450 Shepard Drive)

WHEREAS, written application has been made requesting conditional use approval to establish an adult-use cannabis craft grower at 450 Shepard Drive; and

WHEREAS, the zoning lot with the building containing the premises at 450 Shepard 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 November 7, 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 2. That a conditional use for an adult-use cannabis craft grower is hereby granted for the property commonly known as 450 Shepard Drive, and commonly identified by Kane County Property Index Number 06-22-179-004, and legally described as follows:

Lots 2 and 3 of Second Addition to Burnidge Bros. Industrial Park Block A and B of Unit No. 1 Recorded as Document 1172134 at Plat Book 55 Page 27, in the City of Elgin, Illinois. (commonly known as 450 Shepard 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 Grand Legacy Group LLC, as applicant, and Elgin Properties LLC, as property owner, received September 21, 2022, and supporting documents including:

a. The letter RE: Conditional Use and Rezoning Applications for a Craft Grow Business at 450 Shepard Drive, Elgin IL 60120, prepared by Grand Legacy Group, dated September 21, 2022;

b. Grand Legacy Group LC Statement of Purpose and Conformance Addendum and Revisions as of 10/28/2022, received October 28, 2022;

c. ALTA/NSPS Land Title Survey, prepared by Roy G. Lawniczak, dated September 7, 2022;

d. Six-page architectural plan set, including Sheet Nos. A000, A100, A200, A201, SE100 Exterior Camera Layout, and SE100 Lower Level Interior Camera Layout, prepared by ECA Architects and Planners, dated October 27, 2022, with such further revisions as required by the Community Development Director;

e. Proposed Lower Level Plan Sheet No. A202, prepared by ECA Architects and Planners, dated October 11, 2022, with such further revisions as required by the Community Development Director;

f. Proposed Upper Level Plan Sheet No. A202, prepared by ECA Architects and Planners, dated October 11, 2022, 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. At the time of building permit review, the applicant shall submit a photometric plan which incorporates any and all outdoor lighting fixtures, including free standing lights and building-mounted light fixtures, in compliance with the zoning ordinance requirements.

3. Any refuse collection area to be located on the exterior the subject property shall be designed and located in full compliance with the zoning ordinance requirement.

4. 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.

5. The proposed adult-use cannabis craft grower may expand the cannabis growing canopy area within the building 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.

6. 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 a location clearly visible to 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.”

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

8. 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.

9. 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: December 21, 2022

Passed: December 21, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: December 21, 2022

Published: December 21, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

Councilmember Powell made a motion, seconded by Councilmember Shaw, 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.

Cultural Arts Commission, October 10, 2022

E-911 Board, August 18, October 20, 2022

Liquor Commission, November 2, 2022

Parks & Recreation Board, September 247, 2022

Planning and Zoning, November 7, 2022

Committee of the Whole, November 9 and 16, 2022

City Council, November 16, 2022

Sales Tax Revenue

Natural Gas Tax Revenue

Motor Fuel Tax Revenue

Telecommunications Tax Revenue

Electricity Tax Revenue

Alcoholic Liquor Tax Revenue

Video Gaming Revenue

Cannabis Revenue

Disbursement Report

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

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

The meeting adjourned at 7:36 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/8222

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