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HomeMy WebLinkAboutq - September 11, 2013 CC379 VOLUME LXXVIII SEPTEMBER 11, 2013 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 September 11, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:05 p.m. The Invocation was given by Scott Fahringer from Fox Valley Christian Action and the Pledge of Allegiance was led by Mayor Dave Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 28, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Moeller made a motion, seconded by Councilmember Gavin, to approve the August 28, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS City of Peace Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the United Nations has defined a Culture of Peace as a set of values, attitudes, modes of behavior and ways of life that reject violence and prevent conflicts by tackling their root causes to solve problems through dialogue and negotiation among individuals, groups and nations; and WHEREAS, the World Health Organization defines health as not merely the absence of disease or infirmity, but achievement of a balance of physical, mental, and social well- being, and peace is not merely the absence of war and violence, but a condition where society has achieved a balance of prosperity, security, justice and hope, and SEPTEMBER 11, 2013 VOLUME LXXVIII 380 WHEREAS, the city of Elgin strives to foster a culture of peace through quality education, promoting sustainable economic and social development, promoting respect for all human rights, ensuring racial equality, fostering democratic participation, advancing understanding, tolerance and solidarity and nurturing understanding and establishing new structures of cooperation to improve the quality of life of the people of our community; and WHEREAS, the United Nations has designated 21 September of each year to be the International Day of Peace, devoted to commemorating and strengthening the ideals of peace both within and among all nations and peoples; therefore be it NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby proclaim September 21 of each year to be ELGIN DAY OF PEACE and urge the city council to develop policies and procedures that promote establishing peace in our city in perpetuity. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of September, 2013. David J. Kaptain Mayor Hispanic Heritage Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the City of Elgin is home to many whose ancestry represents various nations from around the world, including the Spanish-speaking nations of Central America, South America, the Caribbean, Mexico, and Spain; WHEREAS, the period of September 15 through October 15 has been proclaimed National Hispanic Heritage Month; and WHEREAS, September 15th is the anniversary of the independence of five Latin American countries; Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua; and WHEREAS, Mexico and Chile celebrate their independence days on September 16th and September 18th, respectively; and WHEREAS, various members of the Hispanic community have contributed to our prosperity and introduced a richness of culture, and have had a significant effect on the overall history of our city; and WHEREAS, Hispanics of Mexican, Puerto Rican, Cuban, Central and South American descent comprise the largest ethnic minority in Kane County and the City of Elgin. VOLUME LXXVIII SEPTEMBER 11, 2013 381 NOW, THEREFORE, in recognition of the significance of the events and all those succeeding events that have shaped the course of the United States’, Latin America’s, the Greater Antilles’, and Elgin’s mutual histories, I, David Kaptain, Mayor of the great City of Elgin, hereby salute Centro de Información, Elgin Community College’s Latino Heritage Month Committee, Elgin Community College’s Organization of Latin American Students (OLAS), the Elgin Hispanic Network, the Hispanic Heritage Coalition, League of United Latin American Citizens (LULAC), Organización de Mexicanos de Elgin, Puerto Rican Heritage Organization, Somos Colómbia, and the Sister Cities Partnership of Elgin and Cauquenes for their civic efforts on behalf of Hispanic-Americans, and endorse the events and celebration of Hispanic Heritage Month as an important cultural celebration, and do hereby proclaim September 15 through October 15, 2013, as HISPANIC HERITAGE MONTH in Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 11TH day of September, 2013. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Grace Richard expressed her concerns regarding the conditional use permit application for 210 DuPage Court. Karin Jones, downtown business owner, stated her concerns about the conditional use process and proposed a review of standards used in reviewing conditional use applications. Deirdre Higgins-White provided information about upcoming Downtown Neighborhood Association (DNA) events, including their Gala being held October 17th at the Grand Victoria Casino. Danise Habun provided follow up information about the recently held International Fest (I-Fest) including estimates for attendance. Andrew Cuming expressed his concerns regarding the proposed repayment plan for the Elgin Symphony Orchestra (ESO). He felt that this was a bad investment for the City. Miriam Lytle and Jack Darr announced the Gail Borden Public Library’s program The Big Read featuring “The Things They Carried” from September 8th through November 11th. Also, The Wall That Heals will be on display in downtown Elgin from September 19th to 22nd. George Rawlinson announced a Veteran of the Month program that would honor Elgin veterans for their military service and commitment to the community. Ken Simonsen, a business partner of Big Head Tattoo, described his role in the graphic design and art portion of the business. SEPTEMBER 11, 2013 VOLUME LXXVIII 382 Barbara Marring, of Keystone Realty, stated her objections to the conditional use permit application for 210 DuPage Street. BID 13-049 AWARDED TO JPC TREE CARE FOR MUNICIPAL TREE REMOVAL CONTRACT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award the contract to JPC Tree Care in the amount of $260,000 for municipal tree removal and tree services contract. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID13-053AWARDED TO MIDWEST COMPOSTING FOR LEAF PROCESSING AND DISPOSAL Councilmember Dunne made a motion, seconded by Councilmember Powell, to approve the contract with Midwest Compost in the amount of $142,470 for leaf processing and disposal. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-148 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2013 NEIGHBORHOOD RESURFACING PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Moeller abstained. Resolution No. 13-148 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2013 NEIGHBORHOOD RESURFACING PROGRAM 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 Amendment Agreement No. 1 with Christopher B. Burke Engineering, Ltd. on behalf of the City of Elgin for construction engineering activities-Phase III VOLUME LXXVIII SEPTEMBER 11, 2013 383 engineering services in connection with the 2013 Neighborhood Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2013 Adopted: September 11, 2013 Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-149 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH BUTERA FINER FOODS, INC. D/B/A BUTERA MARKET (20 TYLER CREEK PLAZA) There was discussion regarding the terms of the agreement including the sales tax rebate. Also discussed was the impact on the neighborhood and the number of full time jobs that would be created. Councilmember Gavin made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Councilmember Rauschenberger abstained. Resolution No. 13-149 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH BUTERA FINER FOODS, INC. d/b/a BUTERA MARKET (20 Tyler Creek Plaza) 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 Economic Incentive Agreement with Butera Finer Foods, Inc. d/b/a Butera Market on behalf of the City of Elgin for economic development assistance in connection with the development of 20 Tyler Creek Plaza, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor SEPTEMBER 11, 2013 VOLUME LXXVIII 384 Presented: September 11, 2013 Adopted: September 11, 2013 Vote: Yeas: 7 Nays: 1 Abstained: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G39-13 PASSED GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR AND ART GALLERY IN THE CC1 CENTER CITY DISTRICT (73 SOUTH GROVE AVENUE) Councilmember Gavin made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Ordinance No. G39-13 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR AND ART GALLERY IN THE CC1 CENTER CITY DISTRICT (73 South Grove Avenue) WHEREAS, written application has been made requesting conditional use approval for the establishment of a tattoo parlor and art gallery in the CC1 Center City District; and WHEREAS, the Planning & 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 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 5, 2013, 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 a conditional use to permit the establishment of a tattoo parlor and art gallery in the CC1 Center City District at 73 South Grove Avenue, and legally described as follows: VOLUME LXXVIII SEPTEMBER 11, 2013 385 That part of lot 3 in block 14 of the original town of elgin on the east side of fox river, described as follows: commencing on the east line of grove avenue at a point 22 feet along said line from the center line of the party wall of south side of Beckwith building (being also 75 feet 9 inches from the south end of said lot as per the new building erected by G.E. Daniels); thence northeasterly on a straight line to the west line of spring street at a point distant south along said line 22 feet from the north corner of Grote and Waldron's tract, said corner being also the southeast corner of the Beckwith lot, thence south along said line 22 feet to the north corner of the Gould lot, formerly Daniel's thence westerly along the north line of Gould lot about 44 feet to the east line of grove avenue; thence northwesterly along said line 22 feet to the east line of grove avenue; thence northwesterly along said line 22 feet to the point of beginning, in the city of elgin, Kane county, Illinois. (Property commonly known as 73 South Grove Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Sarah Mooney and Manuel Napoles, dated received June 19, 2013. In the event of any conflict between such documents and the provisions of this ordinance or any other applicable city ordinance, the provisions of this ordinance or other applicable city ordinance shall supersede and control. 2. Substantial conformance to the Floor Plan, submitted by Sarah Mooney and Manuel Napoles, dated received June 19, 2013. In the event of any conflict between such document and the provisions of this ordinance or any other applicable city ordinance, the provisions of this ordinance or other applicable city ordinance shall supersede and control. 3. The tattoo parlor and art gallery will be restricted to the first floor of the tenant space located at 73 South Grove Avenue as depicted on the exhibit described in item 2 of this section. 4. The first floor tenant space at 73 South Grove Avenue shall not be occupied by more than 18 persons, that number being the maximum occupant load per the 2012 International Building Code. 5. The property owner shall commence the rehabilitation of the exterior facades of the building no later than 18 months from the date of this conditional use approval. The scope of the project shall encompass the façades of the building facing Grove Avenue and Spring Street and include but not be limited to the rehabilitation of the street level storefronts, entryways, and second-floor windows per the requirements of the city’s Facade Improvement Program. The rehabilitation work shall be completed no later than 24 months from the date of this conditional use approval. 6. Compliance with all applicable codes and ordinances. SEPTEMBER 11, 2013 VOLUME LXXVIII 386 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: September 11, 2013 Passed: September 11, 2013 Vote: Yeas: 8 Nays: 1 Recorded: September 11, 2013 Published: September 13, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G40-13 TABLED GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT (210 DUPAGE STREET) Councilmember Moeller made a motion, seconded by Councilmember Prigge, to table consideration of Ordinance G40-13 until the October 9, 2013, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge. RESOLUTION 13-150 ADOPTED AUTHORIZING EXECUTION OF A LOAN AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION There was a discussion regarding the fifteen year term of the loan agreement, the impact if the Elgin Symphony Orchestra (ESO) defaulted on the agreement, and the fundraising efforts of the ESO. Corporation Counsel Cogley provided information to clarify questions about conflict of interest. Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. VOLUME LXXVIII SEPTEMBER 11, 2013 387 Resolution No. 13-150 RESOLUTION AUTHORIZING EXECUTION OF A LOAN AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION 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 to enter into a loan agreement with the Elgin Symphony Orchestra Association providing for an installment loan to the Elgin Symphony Orchestra Association, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2013 Adopted: September 11, 2013 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G41-13 PASSED ESTABLISHING RATES AND FEES FOR THE HEMMENS CULTURAL CENTER There was a discussion regarding the impact this ordinance would have on the Elgin Symphony Orchestra (ESO) and other entities that used the Hemmens Cultural Center. Councilmember Dunne made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G41-13 AN ORDINANCE ESTABLISHING RATES AND FEES FOR THE HEMMENS CULTURAL CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: SEPTEMBER 11, 2013 VOLUME LXXVIII 388 Section 1. That the rates, fees and other charges for the City’s Hemmens Cultural Center be and the same are hereby established and amended as set forth in the attached Hemmens Cultural Center listing of rates, fees and other charges dated September 11, 2013, attached hereto as Exhibit 1. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2013 Passed: September 11, 2013 Vote: Yeas: 9 Nays: 0 Recorded: September 11, 2013 Published: September 13, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Moeller, to pass Ordinance No. G38-13 and adopt Resolution Nos. 13-145 through 147 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-145 ADOPTED RATIFYING THE EXECUTION OF AN INTERNSHIP PROJECT AGREEMENT WITH THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY FOR UNIVERSITY STUDENT ADMINISTRATIVE INTERN SERVICES Councilmember Gavin made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII SEPTEMBER 11, 2013 389 Resolution No. 13-145 RESOLUTION RATIFYING THE EXECUTION OF AN INTERNSHIP PROJECT AGREEMENT WITH THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY FOR UNIVERSITY STUDENT ADMINISTRATIVE INTERN SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an internship project agreement by Sean R. Stegall, City Manager, with the Board of Trustees of Northern Illinois University for university student administrative intern services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2013 Adopted: September 11, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-146 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP JJR FOR FINAL DESIGN AND ENGINEERING SERVICES REGARDING ADA IMPROVEMENTS AND OTHER IMPROVEMENTS TO THE ELGIN SPORTS COMPLEX SOFTBALL FIELDS Councilmember Gavin made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-146 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP JJR FOR FINAL DESIGN AND ENGINEERING SERVICES REGARDING ADA IMPROVEMENTS AND OTHER IMPROVEMENTS TO THE ELGIN SPORTS COMPLEX SOFTBALL FIELDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that SEPTEMBER 11, 2013 VOLUME LXXVIII 390 an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER 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 on behalf of the City of Elgin with SmithGroup JJR for final design and engineering services regarding ADA improvements and other improvements to the Elgin Sports Complex softball fields, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2013 Adopted: September 11, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-147 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC. FOR BASEMENT RENOVATIONS Councilmember Gavin made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-147 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC. FOR BASEMENT RENOVATIONS 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 a community development block grant agreement with the Association For Individual Development, Inc. on behalf of the City of Elgin for basement VOLUME LXXVIII SEPTEMBER 11, 2013 391 renovations at 1797 Mark Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2013 Adopted: September 11, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G38-13 PASSED GRANTING A CONDITIONAL USE TO PERMIT LAND USES INVOLVING THE ASSEMBLY OF PERSONS IN THE CC1 CENTER CITY DISTRICT (51 SOUTH SPRING STREET, SUITE 125A) Councilmember Gavin made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G38-13 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT LAND USES INVOLVING THE ASSEMBLY OF PERSONS IN THE CC1 CENTER CITY DISTRICT (51 South Spring Street, Suite 125A) WHEREAS, written application has been made requesting conditional use approval to permit land uses that involve the assembly of persons within a tenant space on property in the CC1 Center City District; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: SEPTEMBER 11, 2013 VOLUME LXXVIII 392 Section 5. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 5, 2013, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 6. That a conditional use to permit land uses that involve the assembly of persons within the tenant space on the property in the CC1 center City District at 51 South Spring Street, Suite 125A and legally described as follows: Lots 7, 8, 9 and 10, and that part of Lots 5, 6, 11 and 12 Lying Southwesterly of the Southwesterly Right-Of-Way Line of the Chicago and Northwestern Railway Company, All In Block 12 of the Original Town of Elgin, Kane County, Illinois, Including All Improvements and Structures Thereon. (Property commonly known as 51 South Spring Street, Suite 125A). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Application, Statement of Purpose and Conformance, and Attachments, submitted by Ola Muhammed, d/b/a Ijorere The Invitation, Inc., dated received July 1, 2013 and comprising of the following attachments: a. Letter of consent from Bill Mague, Vice President, Artspace Projects, Inc., dated June 27, 2013. b. Floor plans of the property and tenant space comprising of the following drawings: i. First Floor Plan Sheet A101, prepared by BKV Group, dated January 6, 2010 and dated received on July 1, 2013. ii. Setup floor plan entitled “For events with more than 20 guests but no more than 49,” submitted by Ijorere, The Invitation, dated received on July 1, 2013. iii. Setup floor plan entitled “Setup for Workshops or Mind Body Sessions,” submitted by Ijorere, The Invitation, dated received on July 1, 2013. 2. All activities of the tenant space known as “Ijorere Atelier” will be restricted to the space within Suite 125A, located at 51 South Spring Street. 3. Compliance with all applicable codes and ordinances. Section 7. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 8. 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 LXXVIII SEPTEMBER 11, 2013 393 Presented: September 11, 2013 Passed: September 11, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 11, 2013 Published: September 13, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Moeller made a motion, seconded by Councilmember Dunne, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Strategic Plan Commission Minutes for July 23, 2013 Committee of the Whole Minutes for August 14, 2013 City Council Minutes for August 14, 2013 Natural Gas Tax Electricity Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:38 p.m. s/ Kimberly Dewis September 25, 2013 Kimberly Dewis, City Clerk Date Approved