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MAY 9, 2012 VOLUME LXXVII
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 May 9, 2012, in the
Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by Bruce Strom from Administer Justice and the Pledge of Allegiance was
led by Nancy Roder.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor
Kaptain. Absent: Councilmember Gilliam.
MINUTES OF THE APRIL 25, 2012, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Dunne, to approve the
April 25, 2012, Council Meeting minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
COMMUNICATIONS
Little Angels 25th Anniversary Pledge Run Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, Little Angels was founded in 1958 when Pat and Bob Wasmond began
providing assistance in their home to families with children that were severely handicapped, and
over its 50 years in existence, Little Angels has grown into a 57 bed skilled care nursing facility;
and
WHEREAS, in 1963, the parents and families of Little Angels banded together and
formed the Little Angels Parents Association for Retarded Citizens, which grew into The Little
Angels Center for Exceptional Care, a not for profit organization that offers a lifetime of
professional care and raises funds for necessary equipment and services for residents not covered
by Medicaid; and
WHEREAS, The Little Angels Center for Exceptional Care also owns and operates the
Cathy Freeman Center for Developmental Training, a day program for young adults with severe
disabilities; and
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255
WHEREAS, The Little Angels Pledge Run began in 1988 as a means for a local Harley
Owners Group to give back to the Elgin Community by offering a “little charity ride” for Little
Angels; and
WHEREAS, in its 24 years, the Pledge Run has raised over $4.5 million for Little Angels
and has turned into one of the largest, most respected rides of its kind in the Midwest.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby
congratulate and honor Little Angels on 50 years of dedication to the severely handicapped and
success in the 25th Annual Little Angels Pledge Run to be held on May 20, 2012.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of
the City of Elgin to be affixed this 9th day of May, 2012.
s/ David J. Kaptain
David J. Kaptain
Mayor
National Public Works Week Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, public works services provided in our community are an integral part of our
citizens’ everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets and
highways, public buildings and solid waste collection; and
WHEREAS, the health, safety and comfort of this community greatly depends on these
facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning,
design and construction, is vitally dependent upon the efforts and skill of public works officials;
and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public
works departments is materially influenced by the people’s attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, on behalf of
the entire City Council and Staff, do hereby proclaim the week of May 20 to May 26, 2012 as
National Public Works Week in the City of Elgin, and I call upon all citizens and civic
organizations to acquaint themselves with the issues involved in providing our public works and
MAY 9, 2012 VOLUME LXXVII
256
to recognize the contributions which public works officials make every day to our health, safety,
comfort and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 2012.
s/ David J. Kaptain
David J. Kaptain
Mayor
Elgin Bike to Work Week Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, for more than a century, the bicycle has been an important part of the lives
of most Americans; and
WHEREAS, today, millions of Americans engage in bicycling because it is a viable and
environmentally sound form of transportation, an excellent form of exercise and provides quality
family recreation; and
WHEREAS, the education of bicyclists and motorists as to the proper and safe sharing of
the road is important to ensure the safety and comfort of all road users; and
WHEREAS, the Elgin Bicycle and Pedestrian Advisory Committee is promoting greater
public awareness of bicycle operation and safety education in an effort to reduce accidents,
injuries and fatalities for all; and
WHEREAS, the City of Elgin has a goal of achieving national recognition as a ‘Bicycle
Friendly Community.’
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
proclaim the month of May as NATIONAL BIKE MONTH and June 10 – 17, 2012, as ELGIN
BIKE TO WORK WEEK in the City of Elgin, and encourage all citizens to recognize the
importance of bicycle safety and to be more aware of cyclists on our streets.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 2012.
s/ David J. Kaptain
David J. Kaptain
Mayor
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257
Firefighters Memorial Day Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, in 1993 the Illinois Fire Services Association unanimously agreed that a
monument should be erected to serve as the official memorial; it was to be located on the
grounds adjacent to the state Capital building.
WHEREAS, the Illinois Firefighter Memorial is dedicated to the firefighters of Illinois,
who have given their lives in the line of duty and to those firefighters who heroically serve with
courage, pride and honor.
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards and sacrifices of their fire service agency, and that members of our fire
department recognize their duty to serve the people by safeguarding life and property; and
WHEREAS, the men and women of the Elgin Fire Department unceasingly provide a
vital public service; and
WHEREAS, I do hereby order the lowering of the flag, flying in front of Fire Barn No.5,
to Half-Mast for the remainder of this day, as a symbol of our corporate pledge, to honor all
those who have served, who now serve and who will serve our fair City of Elgin.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Saturday,
May 12, 2012, as the ELGIN AREA FIREFIGHTERS’ MEMORIAL DAY, a day to remember
those Firefighters who have gone before us.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 2012.
s/ David J. Kaptain
David J. Kaptain
Mayor
Tonya Hudson Recognition Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, Tonya Hudson has been the Executive Director of the Downtown
Neighborhood Association since October, 2007; and
WHEREAS, Tonya Hudson, a lifelong Elginite and a graduate of School District U-46
and Judson University, first began serving her community as Director of Marketing and
Communications at Judson before taking the position as Downtown Neighborhood Association
Executive Director; and
MAY 9, 2012 VOLUME LXXVII
258
WHEREAS, Tonya is well known and recognized around the community as a talented,
passionate person and has worked tirelessly to grow the DNA and helping establish it as a
leading organization by increasing both public and private investment in the downtown; and
WHEREAS, for the past four years under Tonya’s leadership, the DNA has become the
catalyst for positive growth in our center city in the areas of business development and
community engagement, and a vital partner to the City of Elgin and numerous other community
organizations; and
WHEREAS, Tonya has established the DNA as a leader among downtown organizations
for its use of social media and other marketing initiatives to raise awareness about the
downtown; and
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, hereby
recognize Tonya Hudson for her dedicated service to the citizens of Elgin and wish her the very
best as she continues to serve the community on behalf of Sherman Health Systems.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 2012.
s/ David J. Kaptain
David J. Kaptain
Mayor
Poppy Days Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS: America is the land of freedom, preserved and protected willingly and
freely by citizen soldiers; and
WHEREAS: Millions, who have answered the call to arms have died on the field of
battle; and
WHEREAS: A Nation must be reminded of the price of war and the debt owed to those
who have died in war, and
WHEREAS: The red poppy has been designated as a symbol of sacrifice of lives in all
wars; and
WHEREAS: The American Legion and its Auxiliary, Sons of the American Legion
(SAL), the Veterans of Foreign Wars (VFW) and its Auxiliaries and the AMVETS have pledged
to remind America annually of this debt through the distribution of the memorial flower.
VOLUME LXXVII MAY 9, 2012
259
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby
proclaim May 17, 18 and 19, 2012 as Poppy Days in Elgin and ask all citizens to pay tribute to
those, who have made the ultimate sacrifice in the name of freedom, by making a donation for
and wearing the Memorial Poppy during these days,
IN WITNESS WHEREOF, I have hereunto set my hand and this 9th day of May, 2012.
s/ David J. Kaptain
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Chuck Keysor commented on a recent article regarding the city’s video services and their
availability on the website.
Ed Kahler stated his objections to granting the riverboat funds to the not-for-profit groups as they
were presented at the Committee of the Whole meeting.
BID 12-029 AWARDED TO SCHINDLER ELEVATOR CORPORATION FOR
ELEVATOR MAINTENANCE AT VARIOUS LOCATIONS
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to award a
contract to Schindler Elevator Corporation in the amount of $23,928 for elevator maintenance at
various locations. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
BID 12-030 AWARDED TO WILLIAM HACH & ASSOCIATES FOR CENTRE
PARKING STRUCTURE JOINT EXPANSION REPLACEMENT
Councilmember Dunne verified that the company followed the prevailing wage and minority
hiring practices followed by the city.
Councilmember Moeller made a motion, seconded by Councilmember Powell, to award a
contract to William Hach & Associates in the amount of $34,855 for the Centre parking structure
joint expansion replacement. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
MAY 9, 2012 VOLUME LXXVII
260
PUBLIC HEARING ON THE ELECTRIC AGGREGATION PROGRAM PLAN OF
OPERATIONS AND GOVERNANCE
Mayor Kaptain declared the public hearing open at 7:26 p.m.
Colby Basham, Interim Public Works Director, introduced Mark Burns of Independent Energy
Consultants who provided a presentation regarding the details of the aggregation program
including the impact the program would have on residents. A copy of the presentation is on file
in the City Clerks office.
Councilmember Powell verified there would be information regarding the options for renewable
energy.
Chuck Keysor, 2 S. Jackson, asked if the aggregation programs were the reason behind Com
Ed’s request for a rate increase. Mr. Burns noted they could ask for an increase at any time but
regardless of the supplier the distribution costs would remain the same.
Judy Kleiser, 653 Jay Street, asked bout the time limit with the program. Mr. Burns indicated
that there would be a time limit on the program.
David Segal, 40 N. Gifford, commented on the importance of including renewable options in the
program.
Mayor Kaptain declared the public hearing closed at 8:10 p.m.
ORDINANCE G29-12 PASSED ADOPTING THE ELECTRIC POWER
AGGREGATION PLAN OF OPERATIONS AND GOVERNANCE AND DIRECTING
FOLLOW-UP ACTION TO IMPLEMENT THE AGGREGATION PROGRAM
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G29-12
AN ORDINANCE ADOPTING THE ELECTRIC POWER AGGREGATION
PLAN OF OPERATIONS AND GOVERNANCE AND DIRECTING
FOLLOW-UP ACTION TO IMPLEMENT THE AGGREGATION PROGRAM
WHEREAS, Section 1-92 of the Illinois Power Agency Act (20 ILCS 3855/1-92) (“the
Act”) authorizes the Corporate Authorities of a municipality to adopt an ordinance in accordance
with the Act to aggregate electrical loads for residential and small commercial retail customers
within the corporate limits of the City of Elgin (“City”); and
VOLUME LXXVII MAY 9, 2012
261
WHEREAS, pursuant to the Act, the City placed a referendum on the March 20, 2012
ballot and the citizens of the City by a majority vote agreed to implement an Opt-Out
Governmental Electric Aggregation Program (the “Program”) authorizing the City to arrange for
the supply of electricity for its residential and small commercial retail customers who have not
opted out of such program; and
WHEREAS, the City has been working to prepare for and act upon the results of the
referendum and to arrange for power purchases under the Program; and
WHEREAS, the City working has developed a Plan of Operations and Governance
(“POG”) that describes the Program and opt-out notices and power purchases to be made under
that program in a manner consistent with the Act, and
WHEREAS, pursuant to the requirements of the Act, the City has posted notice and has
held at least two public hearings on the POG, and the corporate authorities have concluded that
the POG meets the Act’s requirements and establishes opt-out procedures that are designed to
put residents on notice of their right to opt-out of the Program; and
WHEREAS, the Act authorizes a municipality to solicit bids for electricity and other
related services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1: That the recitals above are incorporated herein as if fully set forth herein.
Section 2: That the POG which is attached hereto as Exhibit A and shall be incorporated
herein as if fully set forth, is hereby adopted, and the City hereby establishes an Opt-Out Electric
Aggregation program pursuant to the terms of the POG.
Section 3: That the City staff is hereby directed to submit the POG to the Illinois Power
Agency and to take such other steps as are contemplated by the POG including ensuring that all
residential and small commercial retail customers are informed that they have the right to opt-out
of the Program in a manner consistent with the Act, and the staff are further directed to
participate in the power supply bid procedure and to otherwise seek to obtain electric power for
the residential and small commercial retail customers of the City who have not opted out of the
Program.
Section 4: That the Mayor is hereby authorized to enter into service agreement(s) to
facilitate the sale and purchase of Electricity to consumers in the City’s opt-out program. The
Electric supply service agreement shall only be with an Alternative Retail Electric Supplier
licensed by the Illinois Commerce Commission and will meet the requirements outlined in the
City’s POG.
Section 5: That if any section, paragraph, subdivision, clause, sentence or provision of
this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
MAY 9, 2012 VOLUME LXXVII
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judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
Section 6: That all ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 7: That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law and publication in pamphlet form (which publication is
hereby authorized).
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2012
Passed: May 9, 2012
Vote: Yeas: 6 Nays: 0
Recorded: May 9, 2012
Published: May 11, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G30-12 PASSED REGARDING A CONDITIONAL USE FOR A CHURCH
AT 200 PRAIRIE STREET AND FUTURE RETAIL LIQUOR LICENSES
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Prigge,
Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
Ordinance No. G30-12
AN ORDINANCE
REGARDING A CONDITIONAL USE FOR A CHURCH AT 200 PRAIRIE STREET AND
FUTURE RETAIL LIQUOR LICENSES
WHEREAS, the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.) contains certain
regulations pertaining to the location of liquor license establishments in close proximity to
churches and schools; and
WHEREAS, subsection 6-11(a) of the Illinois Liquor Control Act (235 ILCS 5/6-11(a))
provides in relevant part that no license shall be issued for the sale or retail of any alcoholic
liquor within one hundred feet of any church; and
VOLUME LXXVII MAY 9, 2012
263
WHEREAS, written application has been made requesting conditional use (also known as
a special use) approval for a church for a portion of the property commonly known as 200 Prairie
Street, Elgin, Illinois 60120 ("200 Prairie Street"); and
WHEREAS, there is a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 127 S. Grove Avenue, Elgin, Illinois 60120 ("127 S. Grove"); and
WHEREAS, the pre-existing liquor license premises at 127 S. Grove is located within
100 feet of 200 Prairie Street; and
WHEREAS, subsection 6-11(f) of the Illinois Liquor Control Act (235 ILCS 5/6-11(f))
specifically addresses situations in which a church seeks to locate within 100 feet of a property
having a preexisting liquor license as follows:
Nothing in this Section shall prohibit a church or church affiliated school located
in a home rule municipality or in a municipality with 75,000 or more inhabitants
from locating within 100 feet of a property for which there is a preexisting license
to sell alcoholic liquor at retail. In these instances, the local zoning authority
may, by ordinance adopted simultaneously with the granting of an initial special
use zoning permit for the church or church affiliated school, provide that the
100-foot restriction in this Section shall not apply to that church or church
affiliated school and future retail liquor licenses. 235 ILCS 5/6-11(f) (emphasis
supplied).
WHEREAS, the City of Elgin is both a home rule municipality and is a municipality with
75,000 or more inhabitants; and
WHEREAS, the City Council of the City of Elgin is the local zoning authority for the
City of Elgin; and
WHEREAS, the granting of a conditional use approval under the City of Elgin's zoning
ordinance is equivalent to and is the same as a special use zoning permit referred to in subsection
6-11(f) of the Illinois Liquor Control Act (235 ILCS 5/6-11(f)); and
WHEREAS, both 200 Prairie Street and 127 S. Grove Avenue are located within the CC1
Center City zoning district which is part of the city's downtown area and entertainment district;
and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to adopt this ordinance simultaneously with the granting of a conditional use for the
church at 200 Prairie Street whereby the 100 foot restriction in Section 6-11(a) of the Illinois
Liquor Control Act shall not apply to any church or church affiliated school and future retail
liquor licenses within 100 feet of 200 Prairie Street.
MAY 9, 2012 VOLUME LXXVII
264
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the foregoing recitals are hereby incorporated into this ordinance in
their entirety as if fully set forth in this section.
Section 2. That this ordinance is being adopted simultaneously with Ordinance No.
G31-12 providing for the granting of an initial conditional use (also known as a special use
zoning permit) for a church to be located in the portion of the property commonly known as 200
Prairie Street. Pursuant to 235 ILCS 5/6-11(f), the 100 foot restriction for the issuance of a
liquor license to sell alcoholic liquor at retail within 100 feet of a church or church affiliated
school provided for in 235 ILCS 5/6-11(a) shall not apply to the church or church affiliated
school at 200 Prairie Street and future retail liquor licenses to be issued within 100 feet of such
premises at 200 Prairie Street.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2012
Passed: May 9, 2012
Vote: Yeas: 5 Nays: 1
Recorded: May 9, 2012
Published: May 11, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G31-12 PASSED GRANTING A CONDITIONAL USE FOR A
RELIGIOUS ORGANIZATION IN THE CC1 CENTER CITY DISTRICT (200 PRAIRIE
STREET)
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Prigge,
Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
VOLUME LXXVII MAY 9, 2012
265
Ordinance No. G31-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A RELIGIOUS ORGANIZATION
IN THE CC1 CENTER CITY DISTRICT
(200 Prairie Street)
WHEREAS, written application has been made requesting conditional use approval for
an establishment of a religious organization in the CC1 Center City District; and
WHEREAS, the Planning and Zoning 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 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 April 2, 2012, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit the establishment of a religious
organization in the CC1 Center City District at 200 Prairie Street and legally described as
follows:
Lot 10 in Block 13 of the original plat of Elgin, as laid out by James T. Gifford,
excluding therefrom any portion of the adjacent property commonly known as
127 S. Grove Avenue, Elgin, Illinois, in the City of Elgin, Kane County, Illinois
(Property commonly known as 200 Prairie Street),
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Discovery Church, dated received November 30, 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
ordinances shall supersede and control.
2. Substantial conformance with the Summary of Church Activities, dated received
March 9, 2012. In the event of any conflict between such Summary of Church Activities
and this ordinance or other applicable city ordinances, this ordinance or other applicable
city ordinances shall supersede and control.
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266
3. Substantial conformance with the Consent and Disclosure, dated received January 31,
2011. In the event of any conflict between such Consent and Disclosure and this
ordinance or other applicable city ordinances, this ordinance or other applicable city
ordinances shall supersede and control.
4. Substantial conformance with the following exhibits submitted by Discovery Church,
Inc., dated received January 4, 2012:
a. Plat of Survey, prepared by Dundee Engineering
b. First and Second floor plans
In the event of any conflict between such exhibits and this ordinance or other applicable
city ordinances, this ordinance or other applicable city ordinance shall supersede and
control.
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.
7. There being a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 127 S. Grove Avenue, Elgin, Illinois 60120 which is within 100 feet
of the subject property at 200 Prairie Street, pursuant to Ordinance No. G30-12 being
adopted simultaneously with this ordinance, the 100 foot restriction for the issuance of a
liquor license to sell alcoholic liquor at retail within 100 feet of a church or church
affiliated school as otherwise provided for in 235 ILCS 5/6-11(a) shall not apply to the
church or any church affiliated school at 200 Prairie Street and future retail liquor license
to be issued within 100 feet of such premises at 200 Prairie Street.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
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
VOLUME LXXVII MAY 9, 2012
267
Presented: May 9, 2012
Passed: May 9, 2012
Vote: Yeas: 5 Nays: 1
Recorded: May 9, 2012
Published: May 11, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G32-12 PASSED REGARDING A CONDITIONAL USE FOR A CHURCH
AT 205 FULTON STREET AND FUTURE RETAIL LIQUOR LICENSES
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Prigge,
Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
Ordinance No. G32-12
AN ORDINANCE
REGARDING A CONDITIONAL USE FOR A CHURCH AT 205 FULTON STREET AND
FUTURE RETAIL LIQUOR LICENSES
WHEREAS, the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.) contains certain
regulations pertaining to the location of liquor license establishments in close proximity to
churches and schools; and
WHEREAS, subsection 6-11(a) of the Illinois Liquor Control Act (235 ILCS 5/6-11(a))
provides in relevant part that no license shall be issued for the sale or retail of any alcoholic
liquor within one hundred feet of any church; and
WHEREAS, written application has been made requesting conditional use (also known as
a special use) approval for a church for a portion of the property commonly known as 205 Fulton
Street, Elgin, Illinois 60120 ("205 Fulton Street"); and
WHEREAS, there is a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 127 S. Grove Avenue, Elgin, Illinois 60120 ("127 S. Grove"); and
WHEREAS, the pre-existing liquor license premises at 127 S. Grove is located within
100 feet of 205 Fulton Street; and
WHEREAS, subsection 6-11(f) of the Illinois Liquor Control Act (235 ILCS 5/6-11(f))
specifically addresses situations in which a church seeks to locate within 100 feet of a property
having a preexisting liquor license as follows:
MAY 9, 2012 VOLUME LXXVII
268
Nothing in this Section shall prohibit a church or church affiliated school located
in a home rule municipality or in a municipality with 75,000 or more inhabitants
from locating within 100 feet of a property for which there is a preexisting license
to sell alcoholic liquor at retail. In these instances, the local zoning authority
may, by ordinance adopted simultaneously with the granting of an initial special
use zoning permit for the church or church affiliated school, provide that the
100-foot restriction in this Section shall not apply to that church or church
affiliated school and future retail liquor licenses. 235 ILCS 5/6-11(f) (emphasis
supplied).
WHEREAS, the City of Elgin is both a home rule municipality and is a municipality with
75,000 or more inhabitants; and
WHEREAS, the City Council of the City of Elgin is the local zoning authority for the
City of Elgin; and
WHEREAS, the granting of a conditional use approval under the City of Elgin's zoning
ordinance is equivalent to and is the same as a special use zoning permit referred to in subsection
6-11(f) of the Illinois Liquor Control Act (235 ILCS 5/6-11(f)); and
WHEREAS, both 205 Fulton Street and 127 S. Grove Avenue are located within the CC1
Center City zoning district which is part of the city's downtown area and entertainment district;
and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to adopt this ordinance simultaneously with the granting of a conditional use for the
church at 205 Fulton Street whereby the 100 foot restriction in Section 6-11(a) of the Illinois
Liquor Control Act shall not apply to any church or church affiliated school and future retail
liquor licenses within 100 feet of 205 Fulton Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the foregoing recitals are hereby incorporated into this ordinance in
their entirety as if fully set forth in this section.
Section 2. That this ordinance is being adopted simultaneously with Ordinance No.
G33-12 providing for the granting of an initial conditional use (also known as a special use
zoning permit) for a church to be located in the portion of the property commonly known as 205
Fulton Street. Pursuant to 235 ILCS 5/6-11(f), the 100 foot restriction for the issuance of a
liquor license to sell alcoholic liquor at retail within 100 feet of a church or church affiliated
school provided for in 235 ILCS 5/6-11(a) shall not apply to the church or church affiliated
school at 205 Fulton Street and future retail liquor licenses to be issued within 100 feet of such
premises at 205 Fulton Street.
VOLUME LXXVII MAY 9, 2012
269
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2012
Passed: May 9, 2012
Vote: Yeas: 5 Nays: 1
Recorded: May 9, 2012
Published: May 11, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G33-12 PASSED GRANTING A CONDITIONAL USE FOR A
RELIGIOUS ORGANIZATION IN THE CC1 CENTER CITY DISTRICT (205 FULTON
STREET)
Councilmember Prigge noted that the one church has 350 members and thought it was good to
have the congregation come to the downtown area on a regular basis.
Councilmember Dunne expressed concerns about the loss of tax revenue by having a tax exempt
entity at these locations.
Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Prigge,
Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
Ordinance No. G33-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A RELIGIOUS ORGANIZATION
IN THE CC1 CENTER CITY DISTRICT
(205 Fulton Street)
WHEREAS, written application has been made requesting conditional use approval for a
religious organization in the CC1 Center City District; and
MAY 9, 2012 VOLUME LXXVII
270
WHEREAS, the Planning and Zoning 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 with the findings and
recommendation of the Planning & Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 4. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated April 2, 2012, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 5. That a conditional use to permit the establishment of a religious
organization in the CC1 Center City District for a portion of the first floor of the premises
commonly known as 205 Fulton Street and legally described as follows:
Lots 7, 8 and 19 in Block 13 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 intersection of the East line of Spring Street with the
South line of Fulton Street; thence Easterly on the Southerly line of Fulton Street
to a point in the Southerly line of Fulton Street which is 36 feet Westerly from the
Northeast corner of said Lot 8; then Southerly parallel with the Easterly line of
said Lot 8 a distance of 44.86 feet; thence Westerly parallel with the South line of
Fulton Street to the Easterly line of Spring Street; thence Northerly along said
Easterly line to the point of beginning), in the City of Elgin, Kane County,
Illinois. (Property commonly known as 205 Fulton Street).
be and is hereby granted subject to the following conditions:
4. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by 105 Grove LLC, dated received January 26, 2012. 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.
5. Substantial conformance with the Disclosure Affidavit, dated received
January 26, 2012.
6. Substantial conformance with the Interior Layout, dated received January 26,
2012. Those areas depicted on such exhibit as "not part of premises" are not
included in the conditional use approval provided for by this ordinance.
4. Substantial conformance with the Plat of Survey, prepared by Alan J. Coulson
P.C. dated January 15, 1999.
VOLUME LXXVII MAY 9, 2012
271
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.
7. There being a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 127 S. Grove Avenue, Elgin, Illinois 60120 which is within
100 feet of the subject property at 205 Fulton Street, pursuant to Ordinance No.
G32-12 being adopted simultaneously with this ordinance, the 100 foot restriction
for the issuance of a liquor license to sell alcoholic liquor at retail within 100 feet
of a church or church affiliated school as otherwise provided for in 235 ILCS 5/6-
11(a) shall not apply to the church or any church affiliated school at 205 Fulton
Street and future retail liquor license to be issued within 100 feet of such premises
at 205 Fulton Street.
Section 6. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 7. That this ordinance shall be in full force and effect immediately upon its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2012
Passed: May 9, 2012
Vote: Yeas: 5 Nays: 1
Recorded: May 9, 2012
Published: May 11, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Moeller made a motion, seconded by Councilmember
Dunne, to pass Ordinance No. G28-12 and adopt Resolution Nos. 12-88 through 12-91 by
omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
MAY 9, 2012 VOLUME LXXVII
272
RESOLUTION 12-88 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH RTM & ASSOCIATES, INC.
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-88
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH RTM & ASSOCIATES, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Agreement with RTM & Associates, Inc. on behalf of the
City of Elgin for heating, ventilation and air-conditioning related engineering services, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2012
Adopted: May 9, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-89 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TRANSYSTEMS CORPORATION FOR CONSULTING SERVICES IN
CONNECTION WITH THE SIDEWALK GAP AND TRANSIT STOP STUDY
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVII MAY 9, 2012
273
Resolution No. 12-89
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TRANSYSTEMS CORPORATION FOR
CONSULTING SERVICES IN CONNECTION WITH THE
SIDEWALK GAP AND TRANSIT STOP STUDY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Agreement with TranSystems Corporation on behalf of the
City of Elgin for consulting services in connection with the Sidewalk Gap and Transit Stop
Study, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2012
Adopted: May 9, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-90 ADOPTED AUTHORIZING EXECUTION OF A
REIMBURSEMENT AGREEMENT WITH THE COUNTY OF COOK FOR 2006
RECONSTRUCTION OF CONGDON AVENUE
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-90
RESOLUTION
AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT
WITH THE COUNTY OF COOK FOR 2006 RECONSTRUCTION
OF CONGDON AVENUE
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
MAY 9, 2012 VOLUME LXXVII
274
and directed to execute a reimbursement agreement with the County of Cook on behalf of the
City of Elgin for 2006 reconstruction of Congdon Avenue in connection with the Shoe Factory
Road, Kane County Line to Prestbury Drive Project, a copy of which is attached hereto and made
a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2012
Adopted: May 9, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-91 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT
WITH IHC CONSTRUCTION COMPANIES, L.L.C. FOR THE RIVERSIDE DRIVE
PROMENADE PROJECT
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-91
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT WITH
IHC CONSTRUCTION COMPANIES, L.L.C. FOR THE
RIVERSIDE DRIVE PROMENADE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Agreement with IHC Construction Companies, L.L.C. for
the Riverside Drive Promenade Project, copy of which is attached hereto and made a part hereof
by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII MAY 9, 2012
275
Presented: May 9, 2012
Adopted: May 9, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G28-12 PASSED CLASSIFYING PROPERTY IN THE PGI PLANNED
GENERAL INDUSTRIAL DISTRICT (440 SOUTH MCLEAN BOULEVARD)
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G28-12
AN ORDINANCE
CLASSIFYING PROPERTY IN THE
PGI PLANNED GENERAL INDUSTRIAL DISTRICT
(440 South McLean Boulevard)
WHEREAS, written application has been made to reclassify certain property located at
440 South McLean Boulevard classified as PGI Planned General Industrial District; and
WHEREAS, the Planning & Zoning Commission has conducted a public hearing
concerning said application and has submitted its written findings and recommendation that the
subject property be reclassified; and
WHEREAS, the City Council of the City of Elgin has reviewed the findings and
recommendation of the Planning & Zoning Commission and concurs in such recommendations.
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 April 2, 2012, made by the Planning & Zoning Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2. 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:
MAY 9, 2012 VOLUME LXXVII
276
"The boundaries hereinafter laid out in the ‘Zoning District Map’, as amended, be
and are hereby altered by including in the PGI Planned General Industrial District
the following described property:
PARCEL TWO:
THAT PART OF LOT 1 IN BLOCK A OF BURNIDGE BROTHERS INDUSTRIAL
PARK, BLOCK A AND BLOCK B OF UNIT NO. 1, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 13, 1963 AS DOCUMENT 1014426,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY
CORNER OF SAID LOT 1; THENCE SOUTHEASTERLY ALONG THE
NORTHERLY LINE OF SAID LOT, 210.97 FEET TO AN ANGLE IN SAID
NORTHERLY LINE; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN
ANGLE OF 46 DEGREES 24 MINUTES TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, 561.03 FEET FOR THE
POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 445.08 FEET TO THE EASTERLY LINE OF SAID LOT 1;
THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE, 257.64 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE
SOUTH LINE OF SAID LOT 1, 367.91 FEET; THENCE NORTHERLY ALONG A
LINE FORMING AN ANGLE OF 89 DEGREES 59 MINUTES 30 SECONDS TO THE
RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 245.46
FEET TO THE POINT OF BEGINNING, (EXCEPT PART CONVEYED TO CITY OF
ELGIN BY DEED DOCUMENT 1768968 RECORDED MAY 1, 1986), IN THE CITY
OF ELGIN, KANE COUNTY, ILLINOIS. (Property commonly known as 440 South
McLean Boulevard)"
Section 4. That the City Council of the City of Elgin hereby grants the rezoning of the
PGI District for the property commonly known as 440 South McLean Boulevard, and legally
described above, which shall be designed developed, and operated subject to the following
provisions:
A. Purpose and Intent. The purpose of this PGI Planned General Industrial District is
to provide a planned industrial environment for those industrial uses that do not
require the location or environment of an ORI Office Research Industrial District.
A PGI zoning district is most similar to, but departs from the standard
requirements of the GI zoning district.
B. Supplementary Regulations. Any word or phrase contained herein, 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, as amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PGI 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.
VOLUME LXXVII MAY 9, 2012
277
D. Zoning Districts - Generally. In this PGI Planned General Industrial District, the
use and development of land and structures shall be subject to the provisions of
Chapter 19.07, Zoning Districts, as may be amended from time to time.
E. Location and Size of District. PGI Planned General Industrial Districts should be
located in substantial conformance to the official comprehensive plan. The
amount of land necessary to constitute a separate PGI 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 PGI Planned General Industrial 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 only permitted,
conditional, and similar land uses allowed within this PGI zoning district shall be
those permitted, conditional, and similar land uses listed in Chapter 19.40.300,
GI General Industrial District. In addition thereto, the following land use shall
also be permitted on and restricted exclusively to 440 S. McLean Boulevard:
Retail Trade Division:
Motor Vehicle Service Station (554) encompassing the gas station and
convenience store.
G. Site Design. In this PGI Planned General District, the use and development of
land and structures shall be subject to the provisions of Section 19.12, Site
Design, of the Elgin Municipal Code, as amended. In this PGI Planned General
Industrial District, the use and development of land and structures shall also be
subject to Section I., Supplementary Conditions, of this Ordinance.
H. Off Street Parking. In this PGI Planned General Industrial District, off street
parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of
the Elgin Municipal Code, as may be amended, except as provided within this
section. The location and design of driveways and off street parking facilities
shall be subject to Section I., Supplementary Conditions, of this ordinance.
I. Supplementary Conditions. The following supplementary conditions shall also
apply to the use and development of land and structures within this PGI zoning
district:
1. Substantial Conformance to the Petitioner’s Statement of Purpose and
Conformance, submitted with the development application, prepared by
Ambrose Design Group LLC, dated received January 27, 2012. In the
event of any conflict between such Statement of Purpose and
Conformance in this ordinance or other applicable city ordinances, this
ordinance or other applicable city ordinances shall supersede and control.
MAY 9, 2012 VOLUME LXXVII
278
2. Substantial Conformance to the Letter of Authorization, dated received
January 27, 2012. In the event of any conflict between such Letter of
Authorization and this ordinance or other applicable city ordinances, this
ordinance or other applicable city ordinances shall supersede and control.
3. Substantial Conformance to the Site Plan sheet C-2, prepared by
Northwestern Engineering Consultants P.C., dated March 14, 2012;
Grading and Drainage Plan, Sheet C-3 dated March 14, 2012, Utility
Plan, Sheet C-4 dated March 14, 2012, Stormwater Pollution Prevention
Plan, Sheet C-5 dated March 14, 2012, Details Sheet C-6 dated
December 11, 2011, Demolition Plan, sheet C-7, dated March 14, 2012.
4. Substantial Conformance to the Landscape Plans, prepared by Heller &
Associates LLC, dated March 16, 2012, Sheet L100 and L101.
5. Substantial Conformance to the Exterior Elevations, prepared by Paul R.
Glenn Architects Inc., dated March 15, 2012, Sheet A-1 Floorplan, Sheet
A-3 Trash Enclosure Plan, Elevation, Details, Sheet Y-1 Canopy
Elevations Sheet C-1, Sheet FS-1 Sign Plan, prepared by Ambrose Design
Group dated March 27, 2012.
6. Compliance with all other applicable codes and ordinances.
J. Off Street Loading. In this PGI Planned General Industrial District, off street
loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, as
may be amended from time to time.
K. Signs. In this PGI Planned General Industrial District, graphics shall be subject to
the provisions of 19.50, Street Graphics, as may be amended from time to time.
L. Planned Developments. In this PGI Planned General Industrial District, the use
and development of the land and structures shall be subject to the provisions of
Chapter 19.60, Planned Developments, as may be amended from time to time. 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 PGI
zoning district and without necessitating that all other property owners authorize
such an application.
M. Conditional Uses. In this PGI Planned General Industrial District, application for
conditional uses shall be subject to the provisions of Chapter 19.65, Conditional
Uses, as may be amended from time to time. A conditional use may be requested
by an individual lot or property owner for a zoning lot without requiring an
amendment to this PGI zoning district and without necessitating that all other
property owners authorize such an application.
VOLUME LXXVII MAY 9, 2012
279
N. Variations. In this PGI Planned General Industrial District, application for
variation shall be subject to the provisions of Chapter 19.70, Variations, as may
be amended from time to time. A variation may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PGI
zoning district and without necessitating that all other property owners authorize
such an application.
O. 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, as may be amended
from time to time.
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: May 9, 2012
Passed: May 9, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 9, 2012
Published: May 11, 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.
Bicycle and Pedestrian Advisory Committee for April 3, 2012
Building Commission for April 10 and 17, 2012
Emergency Telephone System Board for March 15, 2012
Fire Pension Fund for April 24, 2012
Image Advisory Commission for March 26, 2012
Police Pension Fund for January 18, 2012
Committee of the Whole Minutes for April 11, 2012
City Council Minutes for April 11, 2012
MAY 9, 2012 VOLUME LXXVII
280
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:15 p.m.
s/ Kimberly Dewis May 23, 2012
Kimberly Dewis, City Clerk Date Approved