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APRIL 9, 2008 VOLUME LXXIII
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on April 9, 2008, in
the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The
Invocation was given by Pastor Chris Rodriquez from Family Life Church and the Pledge of
Allegiance was led by Councilmember Figueroa.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters and
Mayor Schock. Absent: Councilmember Gilliam.
MINUTES OF THE MARCH 26, 2008, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve the
March 26, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Kaptain, Powers, and Mayor Schock. Nays: None. Councilmember
Steffen and Walters abstained due to being absent at that meeting.
COMMUNICATIONS
Public Safety Telecommunicators Week Proclamation
Mayor Schock read a proclamation recognizing Public Safety Telecommunicators Week. Chief
Lisa Womack accepted the proclamation on behalf of the department.
Healthy Kid’s Day Proclamation
Mayor Schock read a proclamation recognizing Healthy Kid’s Day. Rick Rickner of the YMCA
accepted the proclamation.
RECOGNIZE PERSONS PRESENT
Thomas Conro, treasurer of Neighbors of Southeast Elgin, announced that Unity Fest 2008
would again feature wiener dog races. It will be held on July 12, 2008 at Drake Field.
John Collins expressed his concerns about the Farnum building located at Preston and Cooper.
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203
Ina Dews announced that the Bethesda Sewing Circle is hosting a quilt show on April 19.
Everyone is invited to attend and/or purchase raffle tickets. She also asked the Council not to
consider demolishing 222 Locust Street thus displacing the ninety families that live there.
BID 08-014 AWARDED TO WILLIAMS SCOTTSMAN, INC. FOR THE RELOCATION
AND INSTALLATION OF MODULAR TRAILER FROM THE HIGHLANDS GOLF
COURSE TO THE ELGIN SPORTS COMPLEX
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a
contract to Williams Scottsman, Inc. for an amount not to exceed $29,373 for the relocation and
installation of the modular trailer from the Highlands Golf Course to the Elgin Sports Complex.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
BID 08-018 AWARDED TO COLORADO TIME SYSTEMS FOR THE PURCHASE OF
AN AQUATIC SCOREBOARD AT THE CENTRE OF ELGIN
Councilmember Kaptain made a motion, seconded by Councilmember Powers, to award a
contract to Colorado Time Systems in the amount of $15,150 for the purchase of a new aquatic
scoreboard for The Centre of Elgin.
Councilmember Steffen commented that he was pleased that the swim team is doing so well and
that it has grown large enough that a new scoreboard is necessary.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
BID 08-020 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF THE 2008
POOL CHEMICALS FOR THE LORDS AND WING PARK FAMILY AQUATIC
CENTERS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award
contracts to Barson Chemical Company in the amount of $114.50 for test kits and Halogen
Supply Company in the amount of $22,306.50 for pool chemicals for Lords and Wing Park
Family Aquatic Centers. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
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204
BID 08-022 AWARDED TO COOLING LANDSCAPE CONTRACTORS FOR THE
CLIFFORD-OWASCO PARK ENHANCEMENT PROJECT
Councilmember Kaptain made a motion, seconded by Councilmember Powers, to award a
contract to Cooling Landscape Contractors in the amount of $1,007,962.60 for the Clifford-
Owasco Park Enhancement Project. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 08-027 AWARDED TO FULL COMPASS SYSTEMS FOR THE PURCHASE OF A
10,000 LUMEN VIDEO PROJECTOR AND RELATED EQUIPMENT FOR THE
HEMMENS CULTURAL CENTER
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a
contract to Full Compass Systems in the amount of $23,432.27 for the purchase of video
equipment and instituting a rental fee of $100.00 per day. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PUBLIC HEARING CONTINUED REGARDING AN ANNEXATION AGREEMENT,
ANNEXATION, ZONING AND PRELIMINARY PLAT FOR THE VILLA OLIVIA
(RESIDENTIAL) PROPERTY; PROPERTY COMMONLY KNOWN AS 1901 VILLA
STREET; BY RYLAND HOMES, AS APPLICANT AND VO-LAND, LLC, AS OWNER
(PETITION 84-06)
Community Development Director Deering stated that the applicant and City Staff are requesting
that this public hearing be continued until the regular meeting of April 23, 2008.
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to continue the
public hearing for Petition 84-06 to the April 23, 2008, City Council meeting. Upon a roll call
vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
PUBLIC HEARING CONTINUED REGARDING AN ANNEXATION AGREEMENT,
ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR THE VILLA OLIVIA
(COMMERCIAL) PROPERTY; PROPERTY COMMONLY KNOWN AS 1951 VILLA
STREET; BY VO-LAND, LLC, AS APPLICANT AND OWNER (PETITION 85-06)
Community Development Director Deering stated that the applicant and City Staff are requesting
that this public hearing be continued until the regular meeting of April 23, 2008.
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to continue the
public hearing for Petition 85-06 to the April 23, 2008, City Council meeting. Upon a roll call
vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
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205
PETITION 84-06 TABLED REQUESTING ANNEXATION, ZONING AND
PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION;
PROPERTY COMMONLY KNOWN AS 1901 VILLA STREET; BY RYLAND HOMES,
AS APPLICANT AND VO-LAND, LLC, AS OWNER
Community Development Director Deering stated that the applicant and City Staff are requesting
that consideration of this petition be tabled until the regular meeting of April 23, 2008.
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to table
consideration of Petition 84-06 until the April 23, 2008, City Council meeting. Upon a roll call
vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
PETITION 85-06 TABLED REQUESTING ANNEXATION, ZONING AND
PRELIMINARY PLAT APPROVAL FOR A COMMERCIAL SUBDIVISION;
PROPERTY COMMONLY KNOWN AS 1951 VILLA STREET; BY VO-LAND, LLC, AS
APPLICANT AND OWNER
Community Development Director Deering stated that the applicant and City Staff are requesting
that consideration of this petition be tabled until the regular meeting of April 23, 2008.
Councilmember Kaptain made a motion, seconded by Councilmember Walters, to table
consideration of Petition 85-06 until the April 23, 2008, City Council meeting. Upon a roll call
vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION,
ZONING, AND CONCEPT FOR THE WESEMANN PROPERTY; PROPERTY
LOCATED AT 1001 NESLER ROAD; BY JAMES AND NANCY BURKE, AS
APPLICANTS AND OWNERS (PETITION 25-07)
Mayor Schock declared the public hearing open.
Community Development Director Deering stated that the property is approximately eight acres
and is located near the southeast corner of Nesler Road and Bowes Road. Mr. Deering then
introduced Attorney Richard Heimberg who represents the applicants. Attorney Heimberg
described the property and indicated that access to this property is by means of Bowes Road and
Nesler Road. He said that it was anticipated that the Nesler Road access would be cut off and
that access would be through the Cedar Grove development. He stated that only five of the eight
acres are developable and that since the property is surrounded by townhomes, it was anticipated
that this development would be townhomes also. There is no developer involved at this time, but
the petitioners want to go ahead and have the property annexed. The annexation agreement
requires that the annexation be completed within five years.
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206
Councilmember Kaptain asked if there would be a buffer between the townhomes and the
railroad tracks. Attorney Heimberg indicated that the tracks were on the other side of the
ComEd easement which is 100 feet wide. He noted that a developer would have his own way of
doing things and that any plan would ultimately have to be approved by the Planning and
Subdivision Commission. Councilmember Steffen asked how the density of this possible
development compared to the development to the west. Allan Brower responded that it was
comparable.
There were no comments from the audience. Mayor Schock declared the hearing closed.
PETITION 25-07 APPROVED REQUESTING ANNEXATION, ZONING, AND
CONCEPT FOR THE WESEMANN PROPERTY; PROPERTY LOCATED AT 1001
NESLER ROAD; BY JAMES AND NANCY BURKE, AS APPLICANTS AND OWNERS
Community Development Director Deering stated that the Planning and Development
Commission has recommended the approval of this annexation subject to conditions.
Councilmember Kaptain made a motion, seconded by Councilmember Powers, to approve
Petition 25-07 requesting annexation, zoning, and concept for the Wesemann property located at
1001 Nesler Road; by James and Nancy Burke, as applicants and owners. Upon a roll call vote:
Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays:
None.
FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2008-2009 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
Mayor Schock declared the public hearing open.
Community Development Director Deering stated that the thirty day review period had ended
and no additional projects had been received. He also mentioned that the funding for the
2008/2009 program was approximately $836,000.
There were no comments from the audience and the Mayor declared the public hearing closed.
RESOLUTION 08-87 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF
SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK, INC
Councilmember Walters made a motion, seconded by Councilmember Steffen, to remove
Resolution 08-87 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII APRIL 9, 2008
207
Councilmember Figueroa made a motion, seconded by Councilmember Powers, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Powers, Steffen,
Walters, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of
interest.
Resolution No. 08-87
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
ELGIN COMMUNITY NETWORK, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a Purchase of Service Agreement on behalf of the City of
Elgin with Elgin Community Network, Inc. for the creation of neighborhood area boards that
provide a structure for communication, collaboration and coordination between residents, city
staff and elected officials, a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Vote: Yeas: 5 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-101 ADOPTED AUTHORIZING FILING OF APPLICATION AND
ONE YEAR ACTION PLAN FOR A GRANT UNDER THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
APRIL 9, 2008 VOLUME LXXIII
208
Resolution No. 08-101
RESOLUTION
AUTHORIZING FILING OF APPLICATION AND ONE YEAR ACTION PLAN FOR A
GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides
for block grant funding assistance to units of general purpose local governments for the purpose
of strengthening the ability of said governments and elected officials to determine the
community development needs, set priorities, and allocate resources to various activities; and
WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis
is needed in the area of community development in order that beneficial solutions to the
problems of slum and blight, and housing and neighborhood deterioration may be addressed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That a submission be made to the Department of Housing and Urban
Development for a grant in the amount of Eight Hundred Thirty-Five Thousand, Six Hundred
Eighty-Seventy Dollars ($835,687) for the following projects:
1. RESIDENTIAL REHABILITATION GRANT PROGRAM
CDBG funds will be used to provide grants and loans for the rehabilitation of
housing owned and/or occupied by low and moderate income families.
Submitting Agency: City of Elgin’s Community Development Group
Location: City-wide activity
Proposed Level of Funding: $602,330
2. HOUSING AUTHORITY OF ELGIN SECURITY CAMERA/DOOR
VIEWER PROJECT
CDBG funds will be used to install door scope viewer on apartment entrance
doors at 120 S. State St. and a new CCTV security camera at the main building
entrance.
Submitting Agency: The Housing Authority of Elgin
Location: 120 S. State St., Elgin
Proposed Level of Funding: $45,576
3. ELGIN DAY CARE CENTER PROJECT
CDBG funds will be used to pay the salary of one (1) staff member associated
with the operation of the child care program.
Submitting Agency: Elgin Day Care Center
Location: 210 National Street, Elgin
Proposed Level of Funding: $33,423
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209
4. ELGIN AREA SERVICES BUILDING PROJECT
CDBG funds will be used to install external security cameras, a keyless entry
system for employees, and an automatic opening system for the front vestibule
internal door. An existing bathroom also will be restructured.
Submitting Agency: Association for Individual Development
Location: 1135 Bowes Road, Elgin
Proposed Level of Funding: $48,315
5. EXTERIOR RENOVATION PROJECT
CDBG funds will be used for improvements to the parking lot and building
entrances and the installation of walkways, patios, landscaping, and erosion
control measures.
Submitting Agency: Well Child Center
Location: 620 Wing Street, Elgin
Proposed Level of Funding: $56,043
6. RENOVATION OF ONE AMERICAN WAY PROJECT
CDBG funds will be used to renovate two (2) office suites at One American Way.
Submitting Agency: Renz Addiction Counseling Center
Location: One American Way, Elgin
Proposed Level of Funding: $50,000
Section 2. That the City Manager is hereby authorized and directed to execute and file
such submission with the Department of Housing and Urban Development and to provide
additional information and furnish such documents as may be required by said Department to
execute such agreements as are required by said Department, and to act as the authorized
correspondent of the City of Elgin.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
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210
RESOLUTION 08-102 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF
SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF THE
FOX VALLEY, INC. FOR OPERATIONAL SUPPORT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Powers, Walters,
and Mayor Schock. Nays: None: Councilmembers Kaptain and Steffen abstained due to conflict
of interest..
Resolution No. 08-102
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
NEIGHBORHOOD HOUSING SERVICES OF THE FOX VALLEY, INC.
FOR OPERATIONAL SUPPORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a Purchase of Service Agreement on behalf of the City of
Elgin with Neighborhood Housing Services of Elgin, Inc. for operational support, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Vote: Yeas: 4 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-103 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SHALES MCNUTT CONSTRUCTION FOR THE DESIGN AND
CONSTRUCTION OF THE VETERANS MEMORIAL PROJECT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII APRIL 9, 2008
211
Resolution No. 08-103
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SHALES McNUTT CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION
OF THE VETERANS MEMORIAL PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane
Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Shales McNutt Construction for the design and construction of
the Veterans Memorial Project, a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G18-08 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR
DEALERS”
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
APRIL 9, 2008 VOLUME LXXIII
212
Ordinance No. G18-08
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled,
“License Classes; Fees,” to amend subsection A to read as follows:
A. Classes A and A-1:
1. Class A: For the retail sale, on the premises specified, of alcoholic liquor for
consumption on the premises only. The annual license fee is three thousand five
hundred dollars ($3,500.00).
2. Class A-1: For the retail sale, on the premises specified, of alcoholic liquor for
consumption on the premises in establishments primarily marketing and serving
specialty and premium alcoholic drinks, including beer and wine, provided such
premises is located within the CC1 center city zoning district and east of the Fox
River and has seating accommodations at tables or booths for not more than two
hundred fifty (250) persons, including seating accommodations at bars or
counters. There shall be no exterior signage on any premises is sued a class A-1
liquor license indicating or advertising the sale of alcoholic liquor. A licensee
holding a class A-1 license may sell or permit to be sold alcoholic liquors on
Monday through Thursday from six o'clock (6:00) A.M. until one o'clock (1:00)
A.M. the following day, and on Fridays and Saturdays from six o'clock (6:00)
A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class
A-1 license may also sell or permit to be sold alcoholic liquors on the Wednesday
immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four
o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock
(6:00) A.M. until four o'clock (4:00) A.M. the following day. The annual license
fee is five thousand dollars ($5,000.00).
Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled,
“License Classes; Fees,” to amend subsection B to read as follows:
B. Class AA: For the retail sale, on the premises specified, of alcoholic liquor
primarily for consumption on the premises as well as other incidental retail sales
of alcoholic liquors in original package for consumption off premises. No new
class AA license shall be issued to any establishment after August 1, 1989. Any
class AA license existing on August 1, 1989, may be renewed annually as
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213
provided herein. Provided, a class AA license shall terminate, expire, cease to
exist when it is revoked or not renewed or the business is sold. The annual license
fee is three thousand five hundred dollars ($3500.00).
Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled,
“License Classes; Fees,” to amend subsection P to read as follows:
P. Class M: For the retail sale, on the premises specified, of alcoholic liquor for
consumption on the premises only for establishments located in the Grove
subdivision, said subdivision being in the southeast quarter of section 19, and in
the northeast quarter of section 30, all in township 42 north, range 8, east of the
third principal meridian in Kane County, Illinois, and said subdivision generally
being bounded on the east by Randall Road, on the west by Vantage Drive, on the
north at a distance approximately 1075 feet north of Northwest Parkway, and on
the south at a distance approximately 375 feet of south of Technology Drive.
A licensee holding a class M license may sell or permit to be sold alcoholic
liquors daily from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the
following day. A licensee holding a class M license may also sell or permit to be
sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving
Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day
and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00)
A.M. the following day. The retail sale of alcoholic liquor for consumption on or
within any exterior area adjoining the licensed premises, including, but not
limited to, a beer garden, patio area or other similar exterior, unroofed or
otherwise wholly unenclosed area adjoining and utilized in conjunction with the
licensed premises, shall be permitted daily from nine o'clock (9:00) A.M. until
one o'clock (1:00) A.M. the following day.
A licensee holding a class M license may sell or permit to be sold alcoholic liquor
for consumption at a special event off the site of a licens ed premises during a
special or themed event being conducted on Bushwood Drive upon obtaining a
class M special event permit. An application for a class M special event permit
shall be filed with the city clerk. The chairman of the local liquor commission
may, upon proper application showing conformance with all legal requirements,
grant a class M special event permit without conducting a public hearing thereof.
In the event the chairman of the local liquor commission declines to grant an
application for a class M special event permit, then such application shall be
submitted to the local liquor control commission for a public hearing and
consideration provided in this chapter. Any such class M special event permit
shall also be subject to the following:
1. Applications for a class M special event permit shall be executed both by the
class M licensee and the owner of the property at which the special event is
proposed to be conducted.
APRIL 9, 2008 VOLUME LXXIII
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2. No class M special event permit shall be issued for more than three (3)
consecutive days. No more than five (5) class M special event permits shall be
issued to any licensee during any one calendar year.
3. The hours of a class M special event shall last no later than one o'clock
(1:00) A.M.
4. Proof of dramshop insurance verifying coverage for the special event shall be
provided by the class M licensee prior to the issuance of a special event permit.
There shall be no exterior signage on any premises issued a class M liquor license
indicating or advertising the sale of alcoholic liquor.
The license fee per year is five thousand dollars ($5,000.00).
Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled,
“License Classes; Fees,” to amend subsection U to read as follows:
U. Classes R and R-1:
1. Class R: For the retail sale by a nightclub, on the premises specified, of
alcoholic liquor for consumption on the premises only for establishments locat ed
in the CC1 center city zoning district and east of the Fox River. A licensee
holding a class R license may sell or permit to be sold alcoholic liquors only on
Fridays and Saturdays from nine o'clock (9:00) P.M. until four o'clock (4:00)
A.M. the following day and on two (2) other days during the week from eight
o'clock (8:00) P.M. until three o'clock (3:00) A.M. the following day. Class R
licensees shall notify the liquor commission in writing as to the specific weekday
or weekdays that sales will be conducted and shall not change such weekday or
weekdays without providing the liquor commission prior written notice. A
licensee holding a class R license may also sell or permit to be sold alcoholic
liquors on the Wednesday immediately preceding Thanksgiving Day from nine
o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on New
Year's Eve from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the
following day. In the event a nightclub seeking a class R license is a private club
with admission limited to members and their guests only, the application and any
license issued for such an establishment shall so provide admission and the sale of
alcohol at such an establishment shall be limited to members and their guests
only. The license fee per year is seven thousand dollars ($7,000.00).
2. Class R-1: For the retail sale, on the premises specified, of alcoholic liquor for
consumption on the premises only for establishments located on a parcel in the
CC1 center city zoning district and east of the Fox River, or on a parcel in the
CC2 center city zoning district and east of the Fox River that is either contiguous
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215
to or separated by a public right of way from the boundary of the CC1 center city
zoning district. A licensee holding a class R-1 license may sell or permit to be
sold alcoholic liquors only on Fridays and Saturdays from nine o'clock (9:00)
P.M. until four o'clock (4:00) A.M. the following day and on one other day during
the week from eight o'clock (8:00) P.M. until two o'clock (2:00) A.M. the
following day. A licensee holding a class R-1 license may also sell or permit to be
sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving
Day from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following
day and on New Year's Eve from nine o'clock (9:00) P.M. until four o'clock
(4:00) A.M. the following day. The license fee per year is seven thousand dollars
($7,000.00).
Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled,
“License Classes; Fees,” to amend subsection V to read as follows:
V. 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 a full multiple course
meal or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may
be served or sold incident to such food service. Each of such private parties at a
banquet facility shall be prearranged under the sponsorship of a particular person
or organization, including, but not limited to, wedding dinners, school graduation
dinners, periodic meetings of service organizations and political fundraising
events. Banquet facility events shall not be open to the general public except by
appointment or special invitation. No admission charge shall be levied to guests at
such banquet facility events except for bona fide political fundraising events or
bona fide charitable fundraising events sponsored by a not for profit corporation
or association registered with the state. The annual license fee per year is seven
thousand dollars ($7,000.00).
Section 6. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers,” be and is hereby amended by deleting subsection H, subparagraph 6
of Section 6.06.056, entitled “Young Adult Night Permit,” in its entirety.
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 8. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
APRIL 9, 2008 VOLUME LXXIII
216
Presented: April 9, 2008
Passed: April 9, 2008
Vote: Yeas: 6 Nays: 0
Recorded: April 10, 2008
Published: April 11, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Walters made a motion, seconded by Councilmember Steffen, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
PAYEE AMOUNT REASON
Lundstrom Insurance Agency
Elgin, IL
$211,315.00 Liability Insurance for the City Of Elgin
Cargill Inc-Salt Division
Chicago, IL
$55,716.82 Emergency Salt
American Rock Salt
Buffalo, NY
$103,427.58 Emergency Salt
Law Enforcement Associates
$14,657.10 GPS Tracker, Receiver and Digital Recorder
Badger Meter
Milwaukee, WI
$19,708.00 Water meters throughout the City
CONSENT AGENDA
By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember
Kaptain, to pass Ordinance Nos. G16-08, G17-08, T19-08 and T20-08 and adopt Resolution Nos.
08-88A through 08-100 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII APRIL 9, 2008
217
RESOLUTION 08-88A ADOPTED AUTHORIZING EXECUTION OF AN
AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF RADIO
EQUIPMENT FOR FIRE STATION 7
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-88A
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MOTOROLA, INC. FOR THE PURCHASE OF RADIO EQUIPMENT FOR FIRE STATION 7
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 that Olufemi Folarin, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Motorola,
Inc. for the purchase of radio equipment for Fire Station 7, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-89A ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT WITH ELGIN COMMUNITY COLLEGE AND THE TOWNHOMES OF
WOODBRIDGE CONDOMINIUM ASSOCIATION REGARDING THE RELOCATION
OF A DETENTION BASIN EASEMENT
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
APRIL 9, 2008 VOLUME LXXIII
218
Resolution No. 08-89A
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
WITH ELGIN COMMUNITY COLLEGE AND THE TOWNHOMES OF WOODBRIDGE
CONDOMINIUM ASSOCIATION REGARDING THE RELOCATION OF A DETENTION
BASIN EASEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute an easement agreement with Elgin Community College and the Townhomes
of Woodbridge Condominium Association regarding the relocation of a detention basin
easement, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-90A ADOPTED AUTHORIZING EXECUTION OF A PURCHASE
OF SERVICE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII APRIL 9, 2008
219
Resolution No. 08-90A
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN AREA CHAMBER OF COMMERCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a Purchase of Service Agreement on behalf of the City of
Elgin with the Elgin Area Chamber of Commerce for economic development activity, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-91A ADOPTED AUTHORIZING EXECUTION OF A PURCHASE
OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-91A
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN SYMPHONY ORCHESTRA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a Purchase of Service Agreement on behalf of the City of
Elgin with the Elgin Symphony Orchestra for youth programming and general operational
support, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
APRIL 9, 2008 VOLUME LXXIII
220
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-92 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF
SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF ELGIN
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-92
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE BOYS AND GIRLS CLUB OF ELGIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a Purchase of Service Agreement on behalf of the City of
Elgin with the Boys and Girls Club of Elgin for youth programs, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII APRIL 9, 2008
221
RESOLUTION 08-93 ADOPTED REQUESTING PERMIT FROM THE ILLINOIS
DEPARTMENT OF TRANSPORTATION TO CLOSE PORTIONS OF STATE ROUTES
19, 25, 31 AND 58 FOR THE ELGIN VALLEY FOX TROT
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-93
RESOLUTION
REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION
TO CLOSE PORTIONS OF STATE ROUTES 19, 25, 31 AND 58
FOR THE ELGIN VALLEY FOX TROT
WHEREAS, the City of Elgin has applied for and received permission from this Council
to stage the "Elgin Valley Fox Trot", a ten (10) mile marathon race within the city limits of Elgin
on Monday, May 26, 2008, from 8:00 a.m. until 10:00 a.m., conditioned upon securing
permission from the Illinois Department of Transportation to close portions of State Routes 19,
25, 31 (turn lanes) and Route 58 and detour traffic for such purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission
as hereinbefore specified; and
BE IT FURTHER RESOLVED that the City assume full responsibility during the time
the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the
state routes. It is further agreed that an efficient, all weather detour will be maintained and
conspicuously marked for the benefit of traffic deviated from the state routes.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
APRIL 9, 2008 VOLUME LXXIII
222
RESOLUTION 08-94 ADOPTED AUTHORIZING EXECUTION OF AN ILLINOIS
CASH FARM LEASE AGREEMENT (ELGIN REGIONAL PARK PROPERTY)
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-94
RESOLUTION
AUTHORIZING EXECUTION OF AN ILLINOIS CASH FARM LEASE AGREEMENT
(Elgin Regional Park Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN , ILLINOIS,
that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute a
written lease agreement for farming with Robert Gehrke for the premises commonly known as
Elgin Regional Park-Pollnow farm consisting of 224 acres, Elgin, Illinois, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-95 ADOPTED AUTHORIZING EXECUTION OF LOCAL AGENCY
AGREEMENT FOR JURISDICTIONAL TRANSFER BETWEEN KANE COUNTY AND
THE CITY OF ELGIN (PORTION OF HIGHLAND AVENUE/KANE COUNTY
HIGHWAY 47)
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII APRIL 9, 2008
223
Resolution No. 08-95
RESOLUTION
AUTHORIZING EXECUTION OF LOCAL AGENCY AGREEMENT FOR
JURISDICTIONAL TRANSFER BETWEEN KANE COUNTY AND THE CITY OF ELGIN
(Portion of Highland Avenue/Kane County Highway 47)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Local Agency
Agreement for Jurisdictional Transfer between Kane County and the City of Elgin providing for
jurisdictional transfer from Kane County to the City of Elgin that portion of Highland Avenue
(Kane County Highway 47) from Damisch Road easterly to the west edge of the pavement of
Coombs Road, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-96 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH WATTMAN TRAINS AND TRAMS
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-96
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WATTMAN TRAINS and TRAMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Wattman
APRIL 9, 2008 VOLUME LXXIII
224
Trains and Trams for purchase of electric recreational train, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-97 ADOPTED AUTHORIZING EXECUTION OF AN E-ELGIN
INCENTIVE AGREEMENT WITH TONGUE N CHIC (14-16 DOUGLAS AVENUE)
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-97
RESOLUTION
AUTHORIZING EXECUTION OF AN E-ELGIN INCENTIVE AGREEMENT
WITH TONGUE N CHIC
(14-16 Douglas Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an e-Elgin Incentive Agreement on behalf of the City of Elgin
with Tongue N Chic for the property located at 14-16 Douglas Avenue, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII APRIL 9, 2008
225
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-98 ADOPTED APPROVING LOAN UNDER THE SPECIAL
BUSINESS LOAN PROGRAM FOR BUILDING IMPROVEMENTS IN ELGIN
CENTER CITY (TONGUE N CHIC, INC., 14-16 DOUGLAS AVENUE)
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-98
RESOLUTION
APPROVING LOAN UNDER THE SPECIAL BUSINESS LOAN PROGRAM
FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY
(Tongue N Chic, Inc.-14-16 Douglas Avenue)
WHEREAS, the City of Elgin and certain banks and savings and loan institutions have
established a special business loan program for building improvement in Center City Elgin for
revitalization purposes; and
WHEREAS, Brandon Becker (Tongue N Chic, Inc.) has submitted an application to
Citibank for a loan under the special business loan program; and
WHEREAS, Citibank has approved this loan under the special business loan program;
and
WHEREAS, the loan is for the improvement of a type of business located in an area of
the Center City of Elgin which meets the eligibility requirements of the special business loan
program; and
WHEREAS, the loan application meets the general requirements concerning type of
financing, contractor bids of the special loan program; and
WHEREAS, the loan applicants meet the qualifying standards as set out in the special
business loan program; and
APRIL 9, 2008 VOLUME LXXIII
226
WHEREAS, it is determined that funds are available for the loan, the development plans
are compatible with the Center City development plans, and the application is in adherence to the
objectives and regulations of the program.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, are
hereby authorized to approve the special business loan agreement as set forth in the loan
approval of Citibank attached hereto and made a part hereof by reference, and to make monthly
interest payments in the amount indicated on the Center City special business loan agreement
between Brandon Becker (Tongue N Chic, Inc.) and the City.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-99 ADOPTED AUTHORIZING EXECUTION OF A FACADE
IMPROVEMENT PROGRAM AGREEMENT WITH BRANDON BECKER (TONGUE N
CHIC, INC., 14-16 DOUGLAS AVENUE)
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-99
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH BRANDON BECKER
(Tongue N Chic, Inc., 14-16 Douglas Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a facade improvement program agreement on behalf of the
City of Elgin with Brandon Becker (Tongue N Chic, Inc.) for the property commonly known as
VOLUME LXXIII APRIL 9, 2008
227
14-16 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-100 ADOPTED AUTHORIZING EXECUTION OF AN ADDENDUM
TO AGREEMENT WITH ADVANCED PROCESSING AND IMAGING, INC.
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-100
RESOLUTION
AUTHORIZING EXECUTION OF AN ADDENDUM TO AGREEMENT
WITH ADVANCED PROCESSING & IMAGING, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an
Addendum to Agreement on behalf of the City of Elgin with Advanced Processing & Imaging,
Inc. for document management software and licenses, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
APRIL 9, 2008 VOLUME LXXIII
228
ORDINANCE G16-08 PASSED AMENDING ORDINANCE NO. G50-05 GRANTING A
MAP AMENDMENT TO A PORI PLANNED OFFICE RESEARCH INDUSTRIAL
DISTRICT (HELEN A. TIBALLI FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP – 2400 ALFT LANE)
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G16-08
AN ORDINANCE
AMENDING ORDINANCE NO. G50-05
GRANTING A MAP AMENDMENT TO A PORI PLANNED
OFFICE RESEARCH INDUSTRIAL DISTRICT
(Helen A. Tiballi Family Limited Liability Limited Partnership-2400 Alft Lane)
WHEREAS, the subject property referred to herein has previously been classified in the
PORI Planned Office Research Industrial District pursuant to Ordinance No. G50-05; and
WHEREAS, written application has been made for a map amendment to a portion of
such PORI Planned Office Research Industrial District so as to include certain uses from the AB
Area Business District to the list of permitted uses in the PORI Planned Office Research
Industrial District for the subject property; and
WHEREAS, the Planning and Development Commission conducted a public hearing
after due notice by publication and has submitted its Findings of Fact and recommended
approval; and
WHEREAS, the City Council of the City of Elgin concurs in the Findings and
Recommendation of the Planning and Development Commission.
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 February 4, 2008, made by the Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G50-05 be and is hereby amended for the subject
property referred to herein as hereinafter set forth in this ordinance.
Section 3. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
VOLUME LXXIII APRIL 9, 2008
229
The boundaries hereinbefore laid out in the “zoning district map” as amended, be and are
hereby altered by including in the PORI Planned Office Research Industrial District, the
following described area:
That Part of Lots 18 and 21, Westfield Business Park, City of Elgin, Kane
County, Illinois described as follows:
Beginning at the Southeast corner of the Randall Road Medical Office Building
Condominium, City Of Elgin, Kane County, Illinois, by Document
2006K028931; Thence South 0 Degrees 14 Minutes 23 Seconds East along the
Easterly line and said Lot 21, 137.61 Feet; thence South 0 Degrees 49 Minutes 25
Seconds East along an Easterly line of said Lot 21, 170.47 Feet to a Northeast
corner of a tract of land conveyed to the County of Kane by Document
95K030210; thence South 46 Degrees 01 Minutes 00 Seconds West along said
Northerly line 35.24 Feet; thence North 88 Degrees 47 Minutes 43 Seconds West
along said Northerly line 100.00 Feet; thence South 87 Degrees 20 Minutes 54
Seconds West along said Northerly line 252.81 Feet to the Southeast corner of
said Lot 18; thence North 88 Degrees 47 Minutes 45 Seconds West along the
Southerly line of said Lot 18, 102.80 Feet to the Easterly line of Capital Street
established by Document 2006K078969; thence North 1 Degree 11 Minutes 38
Seconds East along an Easterly line of said Capital Street, 83.57 Feet to a point of
curvature; thence Northerly along a Curve to the Right, tangent to the last
described course having a radius of 1003.00 Feet, 269.60 Feet to the Southwest
corner of said Randall Road Medical Office Building Condominium; thence
South 88 Degrees 48 Minutes 29 Seconds East 439.32 Feet along a Southerly line
of said Randall Road Medical Office Building Condominium to a point of
beginning in the City of Elgin, Kane County, Illinois and containing 3,7 acres
(Property commonly known as 2400 Alft Lane).
Section 4. That the City Council of the City of Elgin hereby grants the PORI Planned
Office Research Industrial District for the property commonly known as2400 Alft Lane, and
legally described above, which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District
is to provide a planned industrial environment that fosters a sense of place and destination within
a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned
Developments. A PORI zoning district is most similar to, but departs from the standard
requirements of the ORI zoning district.
B. Supplementary Regulations. Any word or phrase contained within this ordinance
followed by the symbol "[SR]" shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal
Code. The exclusion of such symbol shall not exempt such word or phrase from the applicable
supplementary regulation.
APRIL 9, 2008 VOLUME LXXIII
230
C. General Provisions. In this PORI district, the use and development of land and structures
shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal
Code, as may be amended from time to time.
D. Zoning Districts Generally. In this PORI district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin
Municipal Code, as may be amended from time to time.
E. Location and Size of Districts. Planned industrial districts should be located in
substantial conformance to the official comprehensive plan. The amount of land necessary to
constitute a separate planned industrial district exclusive of rights of way, but including
adjoining land or land directly opposite a right of way shall not be less than two acres. No
departure from the required minimum size of a planned industrial district shall be granted by the
City Council.
F. Land Use. In this PORI District, the use and development of land and structures shall be
subject to the provisions of Chapter 19.10 Land Use, of the Elgin Municipal Code, as amended.
The following "PORI Land Uses", as identified in Section F.1.A & B, below, and the "AB Land
Uses", as identified in Section F.2.A, below, shall be the only land uses allowed as a "permitted
use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in this PORI Planned Office
Research Industrial District, as amended.
1. PORI Land Uses. The following "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR]
in this PORI Planned Office Research Industrial District, as amended.
A. Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in this PORI zoning district:
i. Municipal Services Division:
1) Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two (2) acres of land.
ii. Offices Division:
2) "Offices" [SR] (UNCL).
iii. Finance, Insurance, And Real Estate Division:
3) "Development sales offices" [SR] (UNCL).
4) Finance, insurance, and real estate (H), including, without limitation,
financial institutions with drive-through windows.
iv. Services Division:
5) Advertising (731).
6) Armored car service (7381).
7) Barbershops (724)
8) Beauty shops (723).
9) "Bed and breakfast inns" [SR] (7011).
10) Carpet and upholstery cleaning agents without plants on the premises
(7217).
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11) Child daycare services (835).
12) Colleges, universities, professional schools, and junior colleges (822).
13) Commercial, economic, sociological, and educational research (8732).
14) Commercial physical and biological research (8731).
15) Computer programming, data processing, and other computer-related
services (737).
16) Computer rental and leasing (7377).
17) Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
18) Dance studios and schools (791).
19) Detective and guard services (7381).
20) Electrical and electronic repair shops (7629).
21) Engineering, accounting, research, management, and related services
(87).
22) Garment pressing, and agents for laundries and dry cleaners (7212).
23) Home furniture, furnishings, and equipment stores (57).
24) Home health care services (808).
25) "Hotels and motels" [SR] (701).
26) Job training and vocational rehabilitation services (833).
27) Laundry collecting and distributing outlets (7211).
28) Legal services (811).
29)Libraries (823).
30) Linen supply (7213).
31) Mailing, reproduction, commercial art and photography, and
stenographic services (733).
32) Management and public relations services (874).
33) Medical and dental laboratories (807).
34) Membership organizations (86).
35) Miscellaneous equipment rental and leasing (735).
36) Miscellaneous repair shops and related services (769).
37) Motion picture distribution and allied services (782).
38) Motion picture production and allied services (781).
39) News syndicates (7383).
40) Noncommercial research organizations (8733).
41) Offices and clinics of dentists (802).
42) Offices and clinics of doctors of medicine (801).
43) Offices and clinics of doctors of osteopathy (803).
44) Offices and clinics of other health practitioners (804).
45) Other schools and educational services (829).
46) Outdoor advertising services (7312).
47) Personnel supply services (736).
48) Photofinishing laboratories (7384).
49) Photographic studios, portrait (722).
50) Physical fitness facilities (7991).
51) Professional sports operators and promoters (7941).
52) Radio and television repair shops (7622).
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53) Refrigerator and air-conditioning service and repair (7623).
54) Reupholstery and furniture repair (764).
55) Services to dwellings and other buildings (734).
56) Security systems services (7382).
57) Shoe repair shops and shoeshine parlors (725).
58) Tax return preparation services (7291).
59) Testing laboratories (8734).
60) Theatrical producers (792).
61) Truck route laundry and dry cleaning not operated by laundries or 62)
cleaners (7212).
63) Videotape rental (784).
64) Vocational schools (824).
65) Watch, clock, and jewelry repair (763).
v. Retail Trade Division:
66) Automatic merchandising machine operators (5962).
67) Building materials, hardware, and garden supply excluding any
outdoor display, sales or storage (52).
68) Catalog and mail-order houses (5961).
69) Direct selling establishments (5963).
70) Florists (5992).
71) General merchandise stores (53).
72) News dealers (5994).
73) Optical good stores (5995).
vi. Agricultural Division:
74) Crop services (072).
75) Dog grooming (0752).
76) Farm labor and management services (076).
77) Landscape counseling and planning (0781).
78) Lawn and garden services (0782).
79) Soil preparation services (071).
vii. Construction Division:
80) "Contractor's office and equipment areas" [SR] (UNCL).
viii. Manufacturing Division:
81) Apparel and other finished products made from fabrics and similar
materials (23).
82) Commercial printing occupying less than five thousand (5,000) square
feet of gross floor area (2752).
83) Computer and office equipment (357).
84) Electronic and other electrical equipment and components (36).
85) Fabricated metal products (34).
86) Furniture and fixtures (25).
87) Industrial and commercial machinery and equipment (35).
88) Leather and leather products (31).
89) Measuring, analyzing, and controlling instruments; photographic,
medical, and optical goods; and watches and clocks (38).
90) Miscellaneous manufacturing industries (39).
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233
91) Primary metal industries (33).
92) Printing, publishing, and allied industries (27).
93) Stone, clay, glass and concrete products (32).
94) Tobacco products (21).
95) Transportation equipment (37).
ix. Wholesale Trade Division:
96) Apparel piece goods and notions (513).
97) Beer, wine and distilled alcoholic beverages (518).
98) Drugs, drug proprietaries and druggists' sundries (512).
99) Chemicals and allied products (516).
100) Electrical goods (506).
101) Farm product raw materials (515).
102) Furniture and home furnishings (502).
103) Groceries and related products (514).
104) Hardware, and plumbing and heating equipment and supplies (507).
105) Lumber and other construction materials (503).
106) Machinery, equipment, and supplies (508).
107) Metals and minerals, except petroleum (505).
108) Miscellaneous durable goods (509).
109) Miscellaneous non-durable goods (519).
110) Paper and paper products (511).
111) Petroleum and petroleum products (517).
112) Professional and commercial equipment and supplies (504).
x. Transportation, Communication And Utilities Division:
113) "Amateur radio antennas" [SR] (UNCL).
114) Arrangement of passenger transportation (472).
115) Arrangement of transportation of freight and cargo (473).
116) Branch United States post offices (4311).
117) Bus charter service operators offices (414).
118) Cable and other pay television services (484).
119) "Commercial antenna tower" [SR] (UNCL).
120) "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
121) Communication services not elsewhere classified (489).
122) Courier services (4215).
123) Freight forwarding in general (4731).
124) Intercity and rural bus transportation operators' offices (413).
124) Local and suburban passenger transportation operators' offices (411).
125) Natural gas transmission and distribution (4922) (4924).
126) Packing and crating (4783).
127) "Radio and television antennas" [SR] (UNCL).
128) Radio and television broadcasting stations (483).
129) Railroad operators' offices (401).
130) "Satellite dish antennas" [SR] (UNCL).
131) School bus operators' offices (415).
132) Taxicab operators' offices (412).
APRIL 9, 2008 VOLUME LXXIII
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133) Telegraph and other message communications (482).
134) Telephone communications (481).
135) "Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL).
xi. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed in the
ORI Office Research Industrial District, subject to the provisions of
Section 19.12.500 of this Title.
137) "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the
ORI Office Research Industrial District to the provisions of Section
19.10.400 of this Title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the ORI Office Research Industrial District,
subject to the provisions of Chapter 19.47 of this Title.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted
use allowed in the ORI Office Research Industrial District, subject to the
provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the ORI Office Research Industrial District,
subject to the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this
Title.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in this PORI Planned Office Research
Industrial District:
i. Municipal Services Division:
1) "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two (2) acres of land.
ii. Public Administration Division:
2) Public administration (J) on a zoning lot containing less than two (2)
acres of land.
iii. Services Division:
3) Carpet or rug cleaning, dying, or repairing plants (7217).
4) Dry-cleaning plants (7216).
5) Individual and family social services (832).
6) Industrial launderers (7218).
7) Power laundries (7211).
iv. Manufacturing Division:
8) Chemicals and allied products (28).
9) Food and kindred products (20).
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235
10) Lumber and wood products (24).
11) Paper and allied products (26).
12) Petroleum refining and related industries (29).
13) Rubber and miscellaneous plastics products (30).
14) Textile mill products (22).
v. Transportation, Communication and Utilities Division:
15) "Conditional commercial antenna tower" [SR] (UNCL).
16) "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
17) Heliports (458).
18) "Other radio and television antennas" [SR] (UNCL).
19) "Other satellite dish antennas" [SR] (UNCL).
20) Pipelines, except natural gas (461).
21) Railroad tracks (401).
22) "Treatment, transmission and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
23) Water transportation (44).
vi. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in
the ORI Office Research Industrial District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI
Office Research Industrial District, subject to the provisions of Section
19.10.400 of this Title.
"Master signage plan" [SR], subject to the provisions of Chapter 19.50 of
this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of
this Title.
"Parking structures" [SR], subject to the provisions of Chapter 19.45 of
this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing less
than two (2) acres of land, subject to the provisions of Chapter 19.60 of
this Title.
C. Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in this PORI Planned
Office Research Industrial District or in a less restrictive zoning district, pursuant
to subsection 19.10.400H of this Title:
i. Services Division:
1) Business services not elsewhere classified (7389).
2) Laundry and garment services not elsewhere classified (7219).
3) Miscellaneous health and allied services not elsewhere classified (809).
4) Miscellaneous personal services not elsewhere classified (7299).
Services not elsewhere classified (899).
APRIL 9, 2008 VOLUME LXXIII
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5) Social services not elsewhere classified (839).
ii. Manufacturing Division:
6) Miscellaneous Manufacturing industries (39).
iii. Transportation, Communication and Utilities Division:
7) Transportation services not elsewhere classified (4789). (Ord. G44-96 §
10, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§
2-5, 1994; Ord. G45-92 § 2, 1992)
D. AB Land Uses. The following "land uses" [SR] shall also
be land uses allowed as a "permitted use" [SR], in this PORI Planned
Office Research Industrial District, as amended:
i. Retail Trade Division:
1) Carryout restaurants (5812) limited to two for establishment’s primary
engaged in the retail of prepared food and drink for off-premises
consumption.
2) Convenience food stores, operated on a twenty four (24) hour basis
(5411).
3) "Drive-through facilities" [SR], subject to the provisions of Chapter
19.45 of this Title, specifically limited to one drive thru facility associated
with an economically valued fast food restaurant such as McDonald’s,
Wendy’s, Burger King, Taco Bell, Arby’s, Dunkin Donuts, etc., for the
entire subdivision. Drive through facilities for mid-valued fast food
restaurants such as Starbuck’s or Portillo’s, and other non-restaurant land
uses shall not be limited.
4) Drinking places (alcoholic beverages) (5813).
5) Drugstores and proprietary stores (591), including those with drive-
through windows.
6) Eating places (5812).
7) "Outdoor eating and drinking facilities" [SR] (UNCL).
8) Home furniture, furnishings, and equipment stores (57).
9) Tobacco stores (5993), limited to cigars and loose tobacco (no
cigarettes).
10) Miscellaneous shopping goods stores (594).
The following “land uses” [SR] shall also be land uses allowed as a
“conditional use” [SR] in this PORI Planned Office Research Industrial
District as amended:
1) Package liquor sales establishments [SR] (554).
G. Site Design. In this PORI district, the site design regulations shall be as requir ed in the
ORI Office Research Industrial District, pursuant to Chapter 19.40.135 Site Design, of the Elgin
Municipal Code, as may be amended from time to time. Additionally, the development of land
and structures shall be in substantial conformance with the following:
1. Substantial conformance to the Petitioner’s Statement of Purpose and
Conformance, submitted with the development application and letter prepared by Richard
VOLUME LXXIII APRIL 9, 2008
237
L. Heimberg, Law Offices of Brady & Jensen, LLP Attorneys at Law, dated
September 13, 2007.
2. Compliance with all other applicable codes and ordinances.
3. Prior to the development of any portion of the property within this PORI District,
the owner and the developer of the subject property shall be required to submit a
development plan to the city for a public hearing and city council approval pursuant to
the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code,
1976, as amended.
H. Off-Street Parking. In this PORI district, off street parking shall be subject to the
provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended.
I. Off-Street Loading. In this PORI district, off street loading shall be subject to the
provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as amended.
J. Signs. In this PORI district, signs shall be subject to the provisions of Chapter 19.50, Signs
of the Elgin Municipal Code, 1976, as amended. The development administrator may require,
and may approve signs not otherwise provided by this title in support of the development.
K. Amendments. In this PORI district, application for text and map amendments shall be
subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be
requested by an individual lot or property owner for a zoning lot without necessitating that all
other property owners in this PORI zoning district authorize such an application.
L. Planned Developments. . In this PORI district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin
Municipal Code, 1976, as amended. A conditional use for a planned development may be
requested by an individual lot or property owner for a zoning lot without requiring an
amendment to this PORI zoning district and without necessitating that all other property owners
in this PORI zoning district authorize such an application.
M. Conditional Uses. In this PORI district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or
property owner for a zoning lot without requiring an amendment to this PORI zoning district and
without necessitating that all other property owners in this PORI zoning district authorize such
an application.
N. Variations. In this PORI district, the use and development of the land and structures shall
be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as
amended. Any of the requirements of this ordinance may be varied by petition of a lot or
property owner for a zoning lot without requiring an amendment to this PORI zoning district and
without necessitating that all other property owners in this PORI zoning district authorize such
an application.
APRIL 9, 2008 VOLUME LXXIII
238
O. Subdivisions – Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city, as amended, and the Pl at Act of
the State of Illinois.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed subject to
the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended.
Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the
contrary in this ordinance, the use and the development of the subject property in this PORI
zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay
District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor
Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road
Corridor Overlay District shall control.
Section 5. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Passed: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G17-08 PASSED GRANTING A CONDITIONAL USE APPROVAL FOR
A DRINKING PLACE, AN OUTDOOR EATING AND DRINKING PLACE,
PACKAGED WINE SALES, AND EDUCATIONAL SERVICES IN THE CC1 CENTER
CITY DISTRICT (74 SOUTH GROVE AVENUE)
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII APRIL 9, 2008
239
Ordinance No. G17-08
AN ORDINANCE GRANTING CONDITIONAL USE APPROVAL
FOR A DRINKING PLACE, AN OUTDOOR EATING AND DRINKING
PLACE, PACKAGED WINE SALES, AND EDUCATIONAL SERVICES
IN THE CC1 CENTER CITY DISTRICT
(74 South Grove Avenue)
WHEREAS, written application has been made requesting conditional use approval for a
drinking place, an outdoor eating and drinking place, packaged wine sales, and educational
services in the CC1 Center City District; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
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 March 5, 2008, made by the Zoning and Subdivision Hearing Board, a copy of which
is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit a drinking place, an outdoor eating and
drinking place, packaged wine sales, and educational services in the CC1 Center City District at
74 South Grove Avenue and legally described as follows:
Lot 11 and the North Four Feet of Lot 12 (Except for that Part Included in
Riverside Avenue) In Block 21 of the Original Town of Elgin, on the East Side of
the Fox River, in the City of Elgin, Kane County, Illinois (Property Commonly
Known as 74 South Grove Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Ellsworth James Canfield, dated January 22, 2008.
2. Substantial conformance with the Business Plan, prepared by Ellsworth James
Canfield, dated December 20, 2007.
3. Substantial conformance with the Floor Plan, prepared by Ellsworth James
Canfield, dated February 25, 2008.
APRIL 9, 2008 VOLUME LXXIII
240
4. Substantial conformance with the East (Front) Building Elevation, prepared by
the City of Elgin Community Development Group, dated March 27, 2008.
5. Improvements or changes to the west building elevation must be submitted to the
Development Community Group for approval.
6. Plans for a deck to be located along the west building elevation for use as an
outdoor eating and drinking facility must be submitted to the Community
Development Group for approval. Along with plans for the deck, plans for the
operation of the outdoor eating and drinking facility must also be submitted to the
Community Development Group for approval.
7. Exterior refuse collection areas must be enclosed according to the requirements of
the Elgin Municipal Code and approved by the Community Development Group.
8. All signs must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
9. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Passed: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII APRIL 9, 2008
241
ORDINANCE T19-08 PASSED REPEALING ORDINANCE NO. T5-08 ABATING A
PORTION OF THE ANNUAL TAX FOR 2007 FOR GENERAL OBLIGATION
CORPORATE PURPOSE BONDS, SERIES 2000
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. T19-08
AN ORDINANCE
REPEALING ORDINANCE NO. T5-08 ABATING A PORTION OF THE
ANNUAL TAX FOR 2007 FOR GENERAL OBLIGATION CORPORATE
PURPOSE BONDS, SERIES 2000
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Ordinance No. T5-08 passed March 26, 2008 entitled “An Ordinance
Abating a Portion of the Annual Tax for 2007 for General Obligation Corporate Purpose Bonds,
Series 2000” be and is hereby repealed.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Passed: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
APRIL 9, 2008 VOLUME LXXIII
242
ORDINANCE T20-08 PASSED REPEALING ORDINANCE NO. T7-08 ABATING A
PORTION OF THE ANNUAL TAX FOR 2007 FOR GENERAL OBLIGATION
CORPORATE PURPOSE BONDS, SERIES 2001B
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. T20-08
AN ORDINANCE
REPEALING ORDINANCE NO. T7-08 ABATING A PORTION OF THE
ANNUAL TAX FOR 2007 FOR GENERAL OBLIGATION CORPORATE
PURPOSE BONDS, SERIES 2001B
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Ordinance No. T7-08 entitled “An Ordinance Abating a Portion of the
Annual Tax for 2007 for General Obligation Corporate Purpose Bonds, Series 2001B”, be and is
hereby repealed.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Passed: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII APRIL 9, 2008
243
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Hotel/Motel Tax for February 2008
Sales Tax for December 2007
Human Relations Commission Meeting Minutes for February 12, 2008
Liquor Control Commission Meeting Minutes for January 23, 2008, March 5, 2008, and
March 12, 2008
Zoning and Subdivision Hearing Board Meeting Minutes for December 19, 2007, and
January 16, 2008
Committee of the Whole Minutes for March 12, 2008
City Council Minutes for March 12, 2008
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
The meeting adjourned at 7:40 p.m.
s/Diane Robertson April 23, 2008
Diane Robertson, City Clerk Date Approved