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VOLUME LXXVI AUGUST 10, 2011
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 August 10, 2011, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:55 p.m. A
moment of silence was observed for the Navy Seals that were lost in Afghanistan recently and
the Pledge of Allegiance was led by Councilwoman Tish Powell.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Absent: None.
MINUTES OF THE JULY 27, 2011, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to approve the
July 27, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None.
Councilmember Steffen voted present.
RECOGNIZE PERSONS PRESENT
Anthony Nance addressed the Council regarding property taxes and the upcoming budget.
Bill Wurst, a local business owner, addressed the Council regarding the Elgin business license.
Craig Mason of the Elgin Octave discussed the Elgin business license and referenced a recent
article regarding the same in the Daily Herald.
Sigi Psimenos extended her thanks to everyone that made the recent Art and Soul Festival a
success.
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332
BID 11-044 AWARDED TO FRONTIER COMPUTER CORPORATION FOR SALE OF
CISCO NETWORK EQUIPMENT
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve an
agreement with Frontier Computer Corporation for the sale of surplus Cisco network equipment
to result in revenue for the City in the amount of $7,200. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays:
None.
APPROVAL OF A PLAT OF ABROGATION WITHIN THE BOWES CREEK
COUNTRY CLUB PHASE II SUBDIVISION; PROPERTY LOCATED AT 3600 BOWES
ROAD, BY TOLL IL L.P., AS APPLICANT AND OWNER.
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve a plat
of abrogation within the Bowes Creek Country Club Phase II Subdivision for the property
located at 3600 Bowes Road, by Toll IL L.P., as applicant and owner. Upon a roll call vote:
Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain.
Nays: None.
RESOLUTION 11-137 ADOPTED CHANGING THE NAME OF CROSBY STREET TO
DOMINICAN WAY
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to remove
Resolution 11-137 for the table for consideration at this evening’s meeting. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor
Kaptain. Nays: None.
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-137
RESOLUTION
CHANGING THE NAME OF CROSBY STREET TO DOMINICAN WAY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the public street known as Crosby Street between Elm Street on the east and Perry Street on
the west be and the same is hereby redesignated and renamed Dominican Way.
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333
BE IT FURTHER RESOLVED that all city signs and maps shall be altered to read
Dominican Way at the aforesaid places.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
give written notice by certified or registered mail to the election authorities having jurisdiction in
the area in which the street name is hereby changed and to the United States Post Office branch
serving said area.
BE IT FURTHER RESOLVED that the resolution shall be in effect thirty (30) days after
notice is given to the election authorities and the United States Post Office as provided herein.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Adopted: August 10, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Moeller, to pass Ordinance Nos. G26-11 through G29-11 and adopt Resolution Nos. 11-139
through 11-143 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 11-139 ADOPTED AUTHORIZING EXECUTION OF A PLAN
SPONSOR SIGNATURE PAGE FOR THE NATIONWIDE RETIREMENT SOLUTIONS
2011 RESTATED PLAN DOCUMENT INITIATIVE
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
AUGUST 10, 2011 VOLUME LXXVI
334
Resolution No. 11-139
RESOLUTION
AUTHORIZING EXECUTION OF A PLAN SPONSOR SIGNATURE PAGE
FOR THE NATIONWIDE RETIREMENT SOLUTIONS
2011 RESTATED PLAN DOCUMENT INITIATIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Plan
Sponsor Signature Page on behalf of the City of Elgin to Nationwide Retirement Solutions for
the 2011 Restated Plan Document Initiative, 457 Governmental Plan & Trust Explanation of
Selected Substantive Changes, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Adopted: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-140 ADOPTED REPEALING RESOLUTION NO. 08-308 AND
APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE ALFT-RANDALL
SUBDIVISION ALSO KNOWN AS HRT MEDICAL OFFICE BUILDING (1600 NORTH
RANDALL ROAD)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVI AUGUST 10, 2011
335
Resolution No. 11-140
RESOLUTION
REPEALING RESOLUTION NO. 08-308 AND APPROVING
THE FINAL PLAT OF SUBDIVISION FOR THE ALFT-RANDALL SUBDIVISION
ALSO KNOWN AS HRT MEDICAL OFFICE BUILDING
(1600 North Randall Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Resolution No. 08-308 adopted by the city council on December 17, 2008, be and is hereby
repealed.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby approves the final plat of subdivision prepared by Bollinger, Lach &
Associates, Inc., P.C., dated March 20, 2007 and last revised March 29, 2011, for the Alft-
Randall Subdivision also known as the HRT Medical Office Building.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Adopted: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-141 ADOPTED ACCEPTING A MAP OF RIGHT-OF-WAY
DEDICATION (NAVA PROPERTY-3303 ROUTE 20)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-141
RESOLUTION
ACCEPTING A MAP OF RIGHT-OF-WAY DEDICATION
(Nava Property - 3303 Route 20)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a map of right-of-way dedication prepared by Barrett Land Surveying, an
AUGUST 10, 2011 VOLUME LXXVI
336
Illinois Professional Land Surveyor, and dated January 10, 2008, by the Surveyor George H.
Barrett, Jr., for the property legally described as follows:
The Northerly 60.00 feet (as measured perpendicular to the centerline of U.S.
Highway Route 20) of the following described parcel: That part of the North Half
of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the Northwest corner of the Northeast
Quarter of said Section 18; thence South along the West line of said Northeast
Quarter 462.0 feet to the centerline of U.S. Highway Route 20; thence South 64
degrees 05 minutes East along said centerline 94.64 feet for the point of
beginning; thence continuing South 64 degrees 05 minutes East along said
centerline of U.S. Highway Route 20, 200.10 feet; thence South 25 degrees 22
minutes West 530.4 feet; thence North 64 degrees 05 minutes West parallel with
the centerline of U.S. Highway Route 20 to a line drawn South 25 degrees 13
minutes West from the point of beginning; thence North 25 degrees 13 minutes
East 530.4 feet to the point of beginning, containing 2.429 acres, more or less and
being situated in Elgin Township, Kane County, Illinois, excepting therefrom that
part of U.S. Highway Route 20 previously dedicated.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and
directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County,
Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Adopted: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-142 ADOPTED ACCEPTING A MAP OF RIGHT-OF-WAY
DEDICATION (MCKAY PROPERTY-3305 ROUTE 20)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
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337
Resolution No. 11-142
RESOLUTION
ACCEPTING A MAP OF RIGHT-OF-WAY DEDICATION
(McKay Property - 3305 Route 20)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a map of right-of-way dedication prepared by Barrett Land Surveying, an
Illinois Professional Land Surveyor, and dated January 10, 2008, by the Surveyor George H.
Barrett, Jr., for the property legally described as follows:
The northerly 60.00 feet (as measured perpendicular to the centerline of U.S.
Highway Route 20) of the following described parcel: That part of the North Half
of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the Northwest corner of the Northeast
Quarter of said Section 18; thence South along the West line of said Northeast
Quarter 462.0 feet to the centerline of U.S. Highway Route 20; thence North 64
degrees 05 minutes West along said centerline 30.36 feet for the point of
beginning; thence South 64 degrees 05 minutes East along said centerline of U.S.
Highway Route 20, 125.0 feet; thence South 25 degrees 13 minutes West 530.4
feet; thence North 64 degrees 05 minutes West parallel with the centerline of U.S.
Highway Route 20 to a line drawn South 25 degrees 13 minutes West from the
Point of Beginning; thence North 25 degrees 13 minutes East 530.4 feet to the
point of beginning, in Elgin Township, Kane County, Illinois, excepting
therefrom that part of U.S. Highway Route 20 previously dedicated.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and
directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County,
Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Adopted: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AUGUST 10, 2011 VOLUME LXXVI
338
RESOLUTION 11-143 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT WITH WOODBRIDGE NORTH HOMEOWNER’S ASSOCIATION
REGARDING SIDEWALK IMPROVEMENTS AT THE INTERSECTION OF
RANDALL ROAD AND COLLEGE GREEN DRIVE
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-143
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
WITH WOODBRIDGE NORTH HOMEOWNER’S ASSOCIATION REGARDING
SIDEWALK IMPROVEMENTS AT THE INTERSECTION OF
RANDALL ROAD AND COLLEGE GREEN DRIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement with Woodbridge North Homeowner’s
Association regarding sidewalk improvements at the intersection of Randall Road and College
Green Drive, 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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Adopted: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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339
ORDINANCE G26-11 PASSED AMENDING CHAPTER 3.44 ENTITLED “PARKS AND
RECREATION BOARD” AND REPEALING CHAPTER 3.80 ENTITLED “THE
CENTRE ADVISORY BOARD” OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G26-11
AN ORDINANCE
AMENDING CHAPTER 3.44 ENTITLED “PARKS AND RECREATION BOARD” AND
REPEALING CHAPTER 3.80 ENTITLED “THE CENTRE ADVISORY BOARD”
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the city council of the City of Elgin has previously created a Parks and
Recreation Board pursuant to Chapter 3.44 of the Elgin Municipal Code; and
WHEREAS, the city council has previously created The Centre Advisory Board pursuant
to Chapter 3.80 of the Elgin Municipal Code; and
WHEREAS, the city council has determined that it is reasonable and appropriate to
combine the Parks and Recreation Board and The Centre Advisory Board whereby the Parks and
Recreation Board will assume the responsibilities of The Centre Advisory Board; 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, the creation, alteration or elimination of the Parks and Recreation Board or
The Centre Advisory Board are matters pertaining to the government affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 3.44 of the Elgin Municipal Code, 1976, as amended, entitled
“Parks and Recreation Board”, be and is hereby further amended by amending Section 3.44.020
thereof entitled “Members; Appointment; Terms:” to read as follows:
“3.44.020: MEMBERS; APPOINTMENT; TERMS:
The Parks and Recreation Board shall consist of eight (8) members to be
appointed by the City Council. Each member so appointed shall serve for
a term of three (3) years. All members of the Board shall continue in such
capacity until their successors have been duly appointed and are acting.
Any member appointed to fill a vacancy occurring prior to the expiration
AUGUST 10, 2011 VOLUME LXXVI
340
of the term for which his predecessor was appointed, shall serve for the
remainder of such term. The Parks and Recreation Board shall elect one of
its members as chairman for a term of one year subject to reelection. Upon
the resignation of a member of the Board designated as chairman or upon
the end of his term and in the event that he is not reappointed, the Parks
and Recreation Board shall designate another member of the Board as
chairman.
Of the appointments made by the City Council to the Board in 2011, two
(2) such members shall be appointed for terms of four (4) years, and three
(3) such members shall be appointed for terms of three (3) years. All
other appointments shall be for a term of three (3) years.
Section 2. That Chapter 3.44 of the Elgin Municipal Code, 1976, as amended, entitled
“Parks and Recreation Board”, be and is hereby further amended by amending 3.44.030 thereof
entitled “Powers and Duties” to read as follows:
“3.44.030: POWERS AND DUTIES:
The Board shall, with respect to its field of work, or that of the
Department with which it is associated, have the following powers and
duties:
A. To advise relative to the operation, construction, improvement and
maintenance of City parks, monuments and recreational facilities;
B. To prepare and suggest comprehensive plans for the development of
grounds, buildings, and equipment for parks and recreational facilities;
C. To consider and study the entire field, to advise the City Council upon its
request, and to recommend on its own initiative policies and practices,
which recommendations the City Council shall duly consider;
D. To investigate the conduct of the work in its field and for this purpose to
have access at any time to all books, papers, documents and records
pertaining and belonging thereto, and to require written or oral
information from any officer or employee therein;
E. To adopt rules not inconsistent with law for its internal control and
management, a copy of which rules shall be filed with the City Clerk;
F. To hold meetings at such times and places as may be prescribed by the
rules, not less frequently than quarterly;
G. To act by subcommittee;
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H. To appoint a secretary who shall keep minutes of the transactions of each
session, regular or special, which shall be public records and filed with the
City Clerk;
I. To give notice to the Mayor and City Council of the time and place of
every meeting, regular or special, and to permit the Mayor and members
of the City Council to be present and to be heard upon any matter coming
before the Board;
J. To recommend to the City Council projects to improve and beautify the
Centre, Lord's Park Pavilion and Wing Park Band Shell;
K. To recommend new equipment, ideas, projects, or programs to improve
and meet the needs of the Centre, Lord's Park Pavilion and Wing Park
Band Shell;
L. To waive rental charges when all of the following circumstances exist:
1. When an event is sponsored by a not-for-profit corporation or
association headquartered in Elgin;
2. No admission is charged;
3. The event is open to the general public;
4. The event is not scheduled for a Friday, Saturday or Sunday;
5. The event is booked no more than one year in advance;
6. The rent waiver must be requested in writing at the time of booking;
7. No single lessee shall have more than twelve (12) hours of rental
charges waived in any single calendar year; and
8. Lessee shall pay for the cost of cleanup (normally included in the rental
fee);
M. To coordinate and recommend to the City Council the use of gifts or
bequests so as to improve and meet the needs of the Centre, Lord's Park
Pavilion and Wing Park Band Shell;
N. To review customer service communications from the Centre and other
city park facilities and provide recommendations to improve customer
service at the Centre and other city park facilities.
AUGUST 10, 2011 VOLUME LXXVI
342
O. To prepare and submit an annual report to the City Council concerning its
activities;
P. To establish rules for the conduct of meetings;
Q. To perform such other duties as the City Council may designate.”
Section 3. That Chapter 3.80 of the Elgin Municipal Code, 1976, as amended, entitled
“The Centre Advisory Board” be and is hereby repealed.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Passed: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 10, 2011
Published: August 12, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G27-11 PASSED AMENDING CHAPTER 3.75 ENTITLED “CULTURAL
ARTS COMMISSION” AND REPEALING CHAPTER 3.65 ENTITLED “HEMMENS
ADVISORY BOARD” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
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343
Ordinance No. G27-11
AN
ORDINANCE
AMENDING CHAPTER 3.75 ENTITLED “CULTURAL ARTS COMMISSION”
AND REPEALING CHAPTER 3.65 ENTITLED “HEMMENS ADVISORY
BOARD” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the city council of the City of Elgin has previously created a Cultural
Arts
Commission pursuant to Chapter 3.75 of the Elgin Municipal Code; and
WHEREAS, the city council previously created the Hemmens Advisory Board
pursuant to Chapter 3.65 of the Elgin Municipal Code; and
WHEREAS, the city council has determined that it is reasonable and appropriate to
combine the Cultural Arts Commission and the Hemmens Advisory Board whereby the
Cultural Arts Commission and the Hemmens Advisory Board whereby the Cultural Arts
Commission will assume the responsibilities of the Hemmens Advisory Board; and
WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit, may exercise
any power and perform and function pertaining to its government and affairs; and
WHEREAS, through creation, alteration or elimination of the Cultural Arts
Commission or the Hemmens Advisory Board are matters pertaining 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 Chapter 3.75 of the Elgin Municipal Code, 1976, as amended,
entitled “Cultural Arts Commission” be and is hereby further amended by amending Section
3.75.020 thereof entitled “Membership and Appointment” to read as follows:
“3.75.020: MEMBERSHIP AND APPOINTMENT:
The commission shall consist of fourteen (14) members (effective November
1, 2015, ten (10) members), all of whom shall be appointed by the city council.
All members shall be known to have an interest and expertise in the functions of
the commission and who shall be voting members of the commission. One
member shall be a member of the city council who shall be an ex officio voting
member of the commission. One (1) member shall be exempt from residency
requirements so long as they are deemed by the mayor and council of the City of
Elgin to have legitimate and vested interests in the success of the Hemmens
Cultural Center and the City of Elgin”
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Section 2. That Chapter 3.75 of the Elgin Municipal Code, 1976, as amended,
entitled “Cultural Arts Commission, be and is hereby further amended by amending
Section 3.75.030 thereof entitled “Term of Members” to read as follows:
“3.75.030: TERM OF MEMBERS:
A. Each appointment shall be for a term of three (3) years, provided that
no commission member shall serve for more than two (2) full
consecutive terms.
B. All vacancies occurring in the membership of the commission shall be
filled by appointment for the remainder of the unexpired term in the
same manner as the original appointment. Each member shall hold
office as a member of the commission until a successor has been
appointed.”
Section 3. That Chapter 3.75 of the Elgin Municipal Code, 1976, as amended,
entitled “Cultural Arts Commission, be and is hereby further amended by amending Section
3.75.050 thereof entitled “Powers and Duties” to read as follows:
“3.75.050: POWERS AND DUTIES:
The cultural arts commission shall:
A. Make recommendations to the city council for the provision of
an environment in which the cultural arts will flourish within the
corporate limits of the city.
B. Foster educational opportunities and enhance the quality of life for all
of the residents of the city by making recommendations to develop a
wide variety of arts and cultural programs.
C. Enhance the economic base in the city by promoting opportunities
to combine arts and economic development.
D. Cooperate and assist the professional city staff with administering all
commission programs and activities.
E. Support and foster strong bonds between and among all arts
organizations in the community and encourage new arts
organizations in a manner which will make the whole considerably
stronger than the individual parts, which shall include working
cooperatively with other city boards, commissions and committees, and
other public and private agencies.
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F. Apply for grants to support commission programs and administer
and serve as a vehicle for grants under the rules of the Illinois arts
council and other agencies.
G. Coordinate, recommend and advocate to the city council the use of gifts
or bequests so as to improve and meet the needs of Elgin’s arts
community.
H. Provide a vehicle for publicizing all arts-related events as well
as community events related to the arts and establish a strong public
relations program for communicating the commission’s goals and their
impact on community’s quality of life.
I. Promote the usage of the Hemmens Cultural Center for a variety
of performing and fine arts activities.
J. Solicit community opinion regarding the Hemmens Cultural Center and
to report gathered information to city staff as needed or requested.
K. Recommend and advocate to the city council projects to improve the
Hemmens Cultural Center.
L. Solicit community opinion regarding the arts in Elgin and to
report gathered information to city staff as needed or requested.
M. To prepare and submit reports to the city council concerning its
activities when warranted or requested.
N. To perform such other duties as the city council may designate.”
Section 4. That Chapter 3.65 of the Elgin Municipal Code, 1976, as amended,
entitled “Hemmens Advisory Board” be and is hereby repealed.
Section 5. That all ordinances or parts of ordinances that conflict with the provisions
of this ordinance be and are hereby repealed.
Section 6. That this ordinance shall be in full force and effect upon its passage
and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
AUGUST 10, 2011 VOLUME LXXVI
346
Presented: August 10, 2011
Passed: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 10, 2011
Published: August 12, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G28-11 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL
FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT (24 TYLER CREEK
PLAZA)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G28-11
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY
IN THE AB AREA BUSINESS DISTRICT
(24 Tyler Creek Plaza)
WHEREAS, written application has been made requesting conditional use approval for a
physical fitness facility in the AB Area Business 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 with 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 July 6, 2011, 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.
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347
Section 2. That a conditional use to permit the establishment of a physical fitness
facility in the AB Area Business District at 24 Tyler Creek Plaza and legally described as
follows:
Parcel A:
Lots 1 through 6 in Tyler Creek Plaza Subdivision, being a subdivision of part of
the East half of the Southwest quarter of Section 3, Township 41 North, Range 8
East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois,
according to the Plat thereof registered August 24, 1983 as Document No.
1650586 with the Registrar of Titles of Kane County, Illinois.
Parcel B:
That part of fractional Section 3, Township 41 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at the intersection of the
center line of Sleepy Hollow Road with the center line of Big Timber Road;
thence Northerly along the center line of Sleepy Hollow Road 882.12 feet for the
place of beginning; thence Easterly and parallel with the center line of Big Timber
Road 405.44 feet; thence Southerly at right angles to the last described course
395.0 feet to a point on the North line extended Westerly of Lot 1 of Big Timber
Corner Unit No. 1; thence Westerly along said North line extended Westerly
398.72 feet to the center line of Sleepy Hollow Road; thence Northerly along said
center line 395.05 feet to the place of beginning, being situated in the City of
Elgin, Kane County, Illinois (Property commonly known as Tyler Creek Plaza).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, prepared by Attorney James M. Bolz, dated May 18, 2011, and last revised
July 6, 2011.
2. The physical fitness facility will be restricted to the tenant space at 24 Tyler Creek Plaza
located within the Tyler Creek Plaza Shopping Center.
3. There shall be no restriction on the hours of operation should the business owners choose
to extended the operation to a 24-hour physical fitness facility.
4. The facility will be given the opportunity to hold weightlifting tournaments in the future
without amending this conditional use ordinance.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
6. 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.
AUGUST 10, 2011 VOLUME LXXVI
348
Section 4. 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: August 10, 2011
Passed: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 10, 2011
Published: August 12, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G29-11 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE
EXPANSION OF AN ADULT DAY CARE FACILITY AND SOCIAL SERVICE
AGENCY IN THE CC1 CENTER CITY DISTRICT (105 SOUTH GROVE AVENUE
AND 205 FULTON STREET, SUITE A)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G29-11
AN ORDINANCE
GRANTING A CONDITIONAL USE TO PERMIT THE EXPANSION OF AN ADULT DAY
CARE FACILITY AND SOCIAL SERVICE AGENCY IN THE CC1 CENTER CITY
DISTRICT
(105 South Grove Avenue and 205 Fulton Street, Suite A)
WHEREAS, written application has been made for a conditional use to permit an
expansion of an adult day care facility and social service agency in the CC1 Center City District
at 105 South Grove Avenue and 205 Fulton Street, Suite A; 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.
VOLUME LXXVI AUGUST 10, 2011
349
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 July 6, 2011, 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 an expansion of an adult day care facility and
social service agency in the CC1 Center City District at 105 South Grove Avenue and 205
Fulton Street, Suite A; and legally described as follows:
Lots 7, 8, and 19 in Block 13 of J.T. Gifford’s Plat of the Original Town of Elgin,
on the East Side of the Fox River, Excepting Therefrom That Part of Said Lots 8
and 19 Described as Follows: Commencing at the Point of Intersection of the
West Line of Spring Street with the South Line of Fulton Street; Thence Running
Easterly on the Southerly Line of Fulton Street to a Point in the Southerly Line of
Fulton Street Which is 36 Feet Distant Westerly from the Northeast Corner of
Said Lot 8; Thence Running Southerly on Line Parallel with the Easterly Line of
Said Lot 8 for a Distance of 44.86 Feet; Thence Running Westerly on a Line
Parallel with the South Line of Fulton Street for a Distance of 11.9 Feet; Thence
Northerly on a Line Parallel With the Easterly Line of said Lot 8 for a Distance of
.86 Feet; Thence Running Westerly on a line Parallel with said South Line of
Fulton Street to the Easterly Line of Spring Street; Thence Running Northerly
Along the Easterly Line of Spring Street to the Point of Beginning, in Kane
County Illinois.(Property Commonly Known as 105-115 South Grove Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Petitioner’s Application and Statement of Purpose
and Conformance, submitted by Senior Services Association Inc., dated received
June 3, 2011 and revised June 17, 2011.
2. Substantial conformance to the Petitioner’s 1st Floor “As Built” Plan, submitted
by Senior Services Association Inc., and drawn by HCR Inc. dated received June
3, 2011.
3. Substantial conformance to the Petitioner’s Plat of Survey, submitted by Senior
Services Association Inc., dated received June 3, 2011.
4. The conditional use will be restricted to the 7,700 square foot space within the
building located at 105 South Grove and 205 Fulton Street Suite A that Senior
Services Association, Inc. will expand into to conduct their operations and
activities.
5. Compliance with all applicable codes and ordinances.
AUGUST 10, 2011 VOLUME LXXVI
350
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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2011
Passed: August 10, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 10, 2011
Published: August 12, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Powell, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Bicycle & Pedestrian Advisory Committee - May 3, 2011 & June 7, 2011
Foreign Fire Insurance Tax Board - April 12, 2011
Emergency Telephone System Board – May 19, 2011
Liquor Commission – July 13, 2011
Committee of the Whole Minute – July 13, 2011
City Council Minutes for July 13, 2011
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
VOLUME LXXVI AUGUST 10, 2011
351
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn and go
into the Executive Session for the purpose of discussing the following matters. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor
Kaptain. Nays: None.
Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public
Office, When the Public Body is Given Power to Appoint Under Law or
Ordinance, or the Discipline, Performance or Removal of the Occupant of a
Public Office, When the Public Body is Given Power to Remove the Occupant
Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open
Meetings Act
The meeting adjourned at 8:12 p.m.
s/ Kimberly Dewis August 24, 2011
Kimberly Dewis, City Clerk Date Approved