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HomeMy WebLinkAboutb - January 25, 2012 CC Minutes28 VOLUME LXXVII JANUARY 25, 2012 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 January 25, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:00 p.m. The Invocation was given by Bruce Strom, from Administer Justice and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: Councilmember Gilliam. MINUTES OF THE JANUARY 11, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Dunne, to approve the 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Black History Family Festival Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Mission of the Black History Family Festival is to use education and all aspects of cultural arts to creatively promote literacy while celebrating the diversity and rich history specific to the local and global African American experience; thereby empowering individuals, strengthening families, and uniting the greater community; and WHEREAS, The Vision of the Black History Family Festival is to promote literacy and unite the Elgin area in celebration of the African American experience; and WHEREAS, Through a variety of educational, entertaining and interactive programs the Black History Family Festival endeavors to “strike a chord” within each individual that encourages and facilitates the desire to learn more; and VOLUME LXXVII JANUARY 25, 2012 29 WHEREAS, The Festival promotes a community where learning is embraced for a lifetime; literacy becomes part of the collective culture; and where celebrating ethnic differences strengthens the resolve to strive for the greatness that resides within each of us; and WHEREAS, The Black History Family Festival in partnership with the City of Elgin, Elgin Community College and Gail Borden Library will present “African-American Firsts: Black Americans Who Have Shaped Our Country” at the Gail Borden Library from 2 p.m. – 5 p.m. on Saturday, February 4, 2012. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim that henceforth, the first Saturday in February be recognized as Black History Family Festival Day in the City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2012. s/ David J. Kaptain David J. Kaptain Mayor Assistant Chief Mike Baker Retirement Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Assistant Fire Chief Mike Baker was originally hired as a City of Elgin Firefighter and Paramedic on April 28, 1985; and WHEREAS, Assistant Fire Chief Baker was promoted to Lieutenant on March 27, 1995 and Captain on December 5, 2001; and WHEREAS, Assistant Fire Chief Baker was promoted to Assistant Fire Chief on April 17, 2004 and was Interim Fire Chief from November 28, 2010 to January 3, 2011; and WHEREAS, Assistant Fire Chief Baker was named American Legion Firefighter of the Year for 1989 and recipient of the 2006 George VanDeVoorde EMS Leadership Award; and WHEREAS, Assistant Fire Chief Baker has been a member of the Safety Committee, Fair Promotions Committee, City Diversity Committee, and the MABAS Disaster Committee; and WHEREAS, Assistant Fire Chief Baker has served as an Instructor for Grade School Fire Safety Education, Emergency Medical Services, Fire Prevention Bureau, citizen CPR coordinator, City Government Education, and the Elgin Regional Fire Academy, and JANUARY 25, 2012 VOLUME LXXVII 30 WHEREAS, Assistant Fire Chief Baker developed the Saving Our Seniors Smoke Detector and Company Officer Succession Training programs; WHEREAS, Assistant Fire Chief Baker has been a faithful and diligent public servant for more than 26 years on behalf of the residents of the city of Elgin; and WHEREAS, Assistant Fire Chief Baker announced his retirement from the city of Elgin Fire Department on January 27, 2012. NOW, THEREFORE, I, David J. Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem of the city of Elgin to Mike Baker for his outstanding service to the community on the occasion of his retirement as the Assistant Fire Chief on January 27, 2012. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the city of Elgin to be affixed this 25th day of January, 2012. s/ David J. Kaptain David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Elinor Richoz thanked the City for their assistance with concerns she had regarding the Senior Center and invited everyone to participate in their Birthday Party in March. Bill Jones of the Issac Walton League announced their 2012 project to clean up Willow Creek. He also asked about the possibility of opening up the Lord’s Park Lagoon to fishing. Danise Habun provided a recap on the recent Martin Luther King Jr. holiday events. She thanked all involved in the events and noted that the food drive had collected six (6) tons of food. Terry Gavin asked the status of the Senior Rebate. He was informed that the rebate would be ending. BID 11-056 AWARDED TO ROCK VALLEY FENCE FOR LORDS PARK BISON FENCE Councilmember Prigge expressed concerns about the volunteers that would be working on the project and the potential risks for the City. Corporation Counsel Cogley noted the volunteers would be required to sign waivers and they would be limited to the types of activities they would perform. VOLUME LXXVII JANUARY 25, 2012 31 Councilmember Prigge also asked for clarification on the cost sharing with the Friends of Lords Park Zoo on the project. The Council discussed how the use of volunteer time would affect the price of the City’s portion of the project. Jim Bell noted that when discussing cost savings with the contractor it was suggested that the City handle the fence removal and there would be an eight thousand dollar ($8,000) savings in the contract. Councilmember Moeller made a motion, seconded by Councilmember Dunne, to approve contract with Rock Valley Fence in the amount of $52,048 to provide a new enclosure system for the bison exhibit at the Lords Park Zoo. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 31-11 APPROVED REQUESTING A CONDITIONAL USE IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PRESCHOOL CENTER; PROPERTY LOCATED AT 195 NESLER ROAD, BY GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the project noting this action would allow the property to become a legal conforming use property. Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve Petition 31-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Dunne, to pass Ordinance Nos. G3-12 through G6-12 and adopt Resolution Nos. 12-15 through 12-18 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-15 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH LANDMARK CONTRACTORS, INC. FOR THE 2009 CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENTS PROJECT (PHASE III) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. JANUARY 25, 2012 VOLUME LXXVII 32 Resolution No. 12-15 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH LANDMARK CONTRACTORS, INC. FOR THE 2009 CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENTS PROJECT (PHASE III) WHEREAS, the City of Elgin has heretofore entered into a contract with Landmark Contractors, Inc. for the 2009 Central Business District Streetscape Improvements Project (Phase III); and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, 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 Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 25, 2012 Adopted: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-16 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH LANDMARK CONTRACTORS, INC. FOR THE 2010 CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENTS PROJECT (PHASE IV) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII JANUARY 25, 2012 33 Resolution No. 12-16 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH LANDMARK CONTRACTORS, INC. FOR THE 2010 CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENTS PROJECT (PHASE IV) WHEREAS, the City of Elgin has heretofore entered into a contract with Landmark Contractors, Inc. for the 2010 Central Business District Streetscape Improvements Project (Phase IV); and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, 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 Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 25, 2012 Adopted: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-17 ADOPTED NAMING VARIOUS CITY PARKS Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. JANUARY 25, 2012 VOLUME LXXVII 34 Resolution No. 12-17 RESOLUTION NAMING VARIOUS CITY PARKS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the park located in the Waterford Subdivision at Longcommon Parkway and Waterford Road be and is hereby designated and named "Longcommon Park"; and BE IT FURTHER RESOLVED that the park located in the Waterford Subdivision at Shamrock Circle and Waterford Road be and is hereby designated and named "Shamrock Park". s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 25, 2012 Adopted: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-18 ADOPTED AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH CONTINENTAL INSURANCE COMPANY REGARDING THE WATERFORD SUBDIVISION PERFORMANCE BONDS (NEIGHBORHOOD 5 AND NEIGHBORHOOD 6) Councilmember Steffen made a motion, seconded by Councilmember Dunne, 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. 12-18 RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH THE CONTINENTAL INSURANCE COMPANY REGARDING THE WATERFORD SUBDIVISION PERFORMANCE BONDS (Neighborhood 5 and Neighborhood 6) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Settlement Agreement with The Continental Insurance Company on behalf of the City of Elgin regarding the Waterford Subdivision performance bonds relating to VOLUME LXXVII JANUARY 25, 2012 35 Neighborhood 5 and Neighborhood 6, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 25, 2012 Adopted: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G3-12 PASSED AMENDING CHAPTER 3.20 ENTITLED “PLANNING AND DEVELOPMENT COMMISSION” AND REPEALING CHAPTER 3.22 ENTITLED “ZONING AND SUBDIVISION HEARING BOARD” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Steffen made a motion, seconded by Councilmember Dunne, 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. G3-12 AN ORDINANCE AMENDING CHAPTER 3.20 ENTITLED “PLANNING AND DEVELOPMENT COMMISSION” AND REPEALING CHAPTER 3.22 ENTITLED “ZONING AND SUBDIVISION HEARING BOARD” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the city council of the City of Elgin has previously created a Planning and Development Commission pursuant to Chapter 3.20 of the Elgin Municipal Code; and WHEREAS, the city council has previously created a Zoning and Subdivision Hearing Board pursuant to Chapter 3.22 of the Elgin Municipal Code; and WHEREAS, the city council has determined that it is reasonable and appropriate to combine the Planning and Development Commission and Zoning and Subdivision Hearing 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 JANUARY 25, 2012 VOLUME LXXVII 36 WHEREAS, the creation, alteration or elimination of the Planning and Development Commission and Zoning and Subdivision Hearing Board are matters pertaining to the government and affairs of the City of Elgin; and WHEREAS, the Planning and Zoning Commission hereinafter created by this ordinance is created pursuant to the City of Elgin’s home rule authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 3.20 of the Elgin Municipal Code, 1976, as amended, entitled “Planning and Development Commission” be and is hereby further amended in its entirety to read as follows: “Chapter 3.20 PLANNING AND ZONING COMMISSION 3.20.010: ESTABLISHED: There is established a Planning and Zoning Commission for the City. 3.20.020: COMPOSITION AND TERMS: A. The Planning and Zoning Commission shall be composed of eleven (11) members (effective July 1, 2014 seven (7) members) appointed by the city council. B. Except as otherwise specified by the city council for appointments in 2011, the terms of the members of the Planning and Zoning Commission shall be for three (3) years. 3.20.030: CHAIRMAN: The city council shall appoint one member of the Planning and Zoning Commission to serve as chair. 3.020.040: RULES: The Planning and Zoning Commission shall adopt rules regulating the procedure at all meetings of the Commission. Such rules shall be filed in the office of the city clerk and may be amended at any meeting; such rules shall be effective on filing in the office of the city clerk. VOLUME LXXVII JANUARY 25, 2012 37 3.20.050: SECRETARY; RECORD KEEPING: The development administrator or his designee shall serve as secretary to the Planning and Zoning Commission and shall keep a true and complete record of all meetings and actions of the Planning and Zoning Commission. Official records of the commission shall be kept in the office of the city clerk and shall be available for public inspection. 3.20.060: POWERS AND DUTIES: The Planning and Zoning Commission shall have the following powers and duties: A. Review, comment, and recommend a comprehensive plan for the City including elements for municipal services and facilities, economic development, housing, parks and open space, transportation, urban design, and land use. B. Advise the city council, other boards and commissions, neighborhood organizations, developers, and the general public regarding policies, standards, and ordinances associated with planning and development matters. C. Hold public hearings and meetings, as appropriate, and make findings and recommendations to the city council concerning annexations; text and map amendments to the Zoning Ordinance; planned developments; conditional uses; subdivisions; and authorized land use variations D. Hold public hearings meetings, as appropriate, and make decisions concerning zoning and subdivision variations, but not including decisions on authorized land use variations, and appeals from the Development Administrator. E. Advise the city council, other boards and commissions, neighborhood organizations, developers, and the general public regarding policies, standards, and ordinances associated with zoning and subdivision matters. F. Other powers and duties concerning planning, development, zoning and subdivision matters as may be assigned from time to time by the city council. 3.20.070: MEETINGS: The Planning and Zoning Commission shall meet no less than once a month to consider matters within its jurisdiction.” JANUARY 25, 2012 VOLUME LXXVII 38 Section 2. That Chapter 3.22 of the Elgin Municipal Code, 1976, as amended, entitled “Zoning and Subdivision Hearing Board” be and is hereby repealed. Section 3. That upon the effective date of this ordinance all matters pending before either the Planning and Development Commission or the Zoning and Subdivision Hearing Board shall be transferred to and be under the jurisdiction of the Planning and Zoning Commission created by this ordinance. 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 from and after March 1, 2012, upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 25, 2012 Passed: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 25, 2012 Published: January 27, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G4-12 PASSED AMENDING TITLE 19, ENTITLED “ZONING” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Steffen made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII JANUARY 25, 2012 39 Ordinance No. G4-12 AN ORDINANCE AMENDING TITLE 19, ENTITLED “ZONING” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, a petition has been filed proposing to make certain amendments to Title 19 entitled “Zoning” of the Elgin Municipal Code, 1976, as amended, relating to references to the proposed new Planning and Zoning Commission; and WHEREAS, the Planning and Development Commission has conducted a public hearing on such petition and the proposed amendments to the City of Elgin Zoning Ordinance; and WHEREAS, the Planning and Development Commission and the Community Development Department have submitted their recommendations to the city council on the petition and proposed amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 19 of the Elgin Municipal Code, 1976, as amended, entitled “Zoning” be and is hereby further amended by amending all references therein to either the “Planning and Development Commission” or the “Zoning and Subdivision Hearing Board” to read the “Planning and Zoning Commission”. Section 2. That Section 19.10.500 of the Elgin Municipal Code, 1976, as amended, entitled “Authorized Land Use Variation” be and is hereby further amended to read as follows: “19.10.500: AUTHORIZED LAND USE VARIATIONS: Variations from the land use regulations of this Title may be granted by the city council only in the following instance and no others: To allow the nonconforming use of a structure, which has not been abandoned to be changed to another nonconforming use permitted in the same zoning district in which the original use is listed as a permitted use, or it may be changed to a nonconforming use permitted in a more restrictive zoning district, provided that the associated structure is designed and intended for a use not permitted in the district in which it is located. Such land use variations shall be subject to the provisions of Section 19.07.400 of this Title and may be granted only in conformance with the standards in Chapter 19.70 of this Title. An application seeking a land use variation authorized in this section shall be filed with the city, a public hearing thereon shall be conducted by the Planning and Zoning Commission, the Planning and Zoning Commission shall make findings with respect thereto applying the standards in Chapter 19.70 and JANUARY 25, 2012 VOLUME LXXVII 40 the application shall be forwarded to the city council for a decision applying the standards of Chapter 19.70.” Section 3. That Section 19.70.020 of the Elgin Municipal Code, 1976, as amended, entitled “Authority” be and is hereby further amended to read as follows: “19.70.020: AUTHORITY: The Planning and Zoning Commission shall have the authority to grant variations from the requirements and regulations of this Title, but not including authorized land use variations pursuant to Section 19.10.500 of this Title, only in the instances specified in each chapter and subject to the provisions of this Chapter. The authority to grant variations shall be sparingly exercised.” 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 from and after March 1, 2012, upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 25, 2012 Passed: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 25, 2012 Published: January 27, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G5-12 PASSED AMENDING ORDINANCE NO. G1-10 GRANTING A CONDITIONAL USE FOR AN AMENDED PLANNED DEVELOPMENT (401 SUMMIT STREET, 455 AND 459 NORTH GIFFORD STREET) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII JANUARY 25, 2012 41 Ordinance No. G5-12 AN ORDINANCE AMENDING ORDINANCE NO. G1-10 GRANTING A CONDITIONAL USE FOR AN AMENDED PLANNED DEVELOPMENT (401 Summit Street, 455 and 459 North Gifford Street) WHEREAS, pursuant to Ordinance G1-10, the property described below was zoned in the AB Area Business District and granted a conditional use for a planned development; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G1-10 by amending the conditional use for a planned development at the subject property; 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 January 4, 2012, 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 ordinance No. G1-10 entitled “RECLASSIFYING CERTAIN TERRITORY FROM RC3 RESIDENCE CONSERVATION DISTRICT TO AB AREA BUSINESS DISTRICT AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT (401 Summit Street, 455 and 459 North Gifford Street)” passed January 13, 2010, be and is hereby amended only as forth in this ordinance. Section 3. That a conditional use for an amended planned development which will allow for the construction of a restaurant and parking lot at 401 Summit Street and 455 North Gifford Street, legally described as follows: Parcel 1 Lot 9 And 10 Of T. Schoonhoven's Addition To Elgin, In The City Of Elgin, Kane County, Illinois (Property Commonly Known As 455 North Gifford Street). Parcel 2 Lot 11, 12 (Except The East 19 Feet Of The North 1/2 Thereof), 13 (Except The East 19 Feet Thereof), And That Part Of Lot 14 Lying South Of The South Line JANUARY 25, 2012 VOLUME LXXVII 42 Of The Right Of Way Of State Highway No. 58 (Except The East 19 Feet Thereof), of T. Schoonhoven's Addition To Elgin, In The City Of Elgin, Kane County, Illinois (Property Commonly Known As 401 Summit Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, prepared by McDonald’s USA, LLC, dated received October 21, 2011, and to the letter to the City of Elgin Staff, Zoning Board of Appeals and City Council, dated November, 18, 2011. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Development Plan, submitted by McDonald’s USA, LLC, inclusive of the following plan sheets: a.) The ALTA/ACSM Land Title and Topographic Survey, prepared by Compass Surveying LTD, dated September 21, 2011; b.) The Aerial Site Exhibit, prepared by Watermark Engineering Resources, LTD, dated November 21, 2011; c.) The Site Plan 12, prepared by Watermark Engineering Resources, LTD, dated December 1, 2011; d.) Building Elevations - The 2009 Standard Building/38101 Plus Fullerton Building, prepared by McDonald’s USA, LLC; with a Std Issue Date of January 6, 2012; Sheet No. A2.0 Elevation and Sheet No. A2.1 Elevation; Note; and e.) Floor Plan – The 2009 Standard Building/38101 Plus Fullerton Building, prepared by McDonald’s USA, LLC; with a Std Issue Date of October 3, 2011; Sheet No. A1.0 Elevation and Sheet No. A2.1. 3. Substantial conformance to the Proposed Freestanding Monument Signs and Wall Sign Packet, prepared by Everbrite, dated November 17, 2011, dated received December 19, 2011. Note: the area of the landscape material of each monument sign shall not be less than 2.5 times the surface area of the sign. 4. Substantial conformance to the Freestanding Signage Exhibit, prepared by Watermark Engineering Resources, LTD, dated November 21, 2011, dated received December 13, 2011. Substantial conformance to the Landscape Plan, prepared by Watermark Engineering Resources, LTD, dated November 21, 2011. 5. Compliance with all applicable codes and ordinances. Section 4. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. VOLUME LXXVII JANUARY 25, 2012 43 Section 5. 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: January 25, 2012 Passed: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 25, 2012 Published: January 27, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G6-12 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” Councilmember Steffen made a motion, seconded by Councilmember Dunne, 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. G6-12 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 Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued,” be and is hereby further amended by amending subparagraph F thereof to read as follows: “F. The number of Class B-3 licenses shall not exceed four (4) in number.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. JANUARY 25, 2012 VOLUME LXXVII 44 Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 25, 2012 Passed: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 25, 2012 Published: January 27, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Moeller made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Board of Fire & Police Commissioners October 13, 2011 Board of Health April 11, 2011 and October 24, 2011 Cultural Arts Commission November 14, 2011 Human Relations Commission November 1, 2011 Foreign Fire Insurance Tax Board October 11, 2011 Liquor Commission December 7, 2011 Zoning and Subdivision Hearing Board December 7, 2011 Committee of the Whole Minutes for December 21, 2011 City Council Minutes for December 21, 2011 Telecommunications Tax Report Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXVII JANUARY 25, 2012 45 ADJOURNMENT Councilmember Moeller made a motion, seconded by Councilmember Powell, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act The meeting adjourned at 8:40 p.m. s/ Kimberly Dewis February 8, 2012 Kimberly Dewis, City Clerk Date Approved