Loading...
HomeMy WebLinkAboutb - January 22, 2014 CC19 VOLUME LXXIX JANUARY 22, 2014 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 22, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:42 p.m. The Invocation was given by Dale Jaacks from God’s Oasis and the Pledge of Allegiance was led by Fire Chief John P. Fahy. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 8, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve the January 8, 2014, 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 Black History Family Festival 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 JANUARY 22, 2014 VOLUME LXXIX 20 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 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 “HONORING OUR HEROES: CONTRIBUTIONS OF AFRICAN AMERICAN VETERANS” at the Gail Borden Library from 1 p.m. – 5 p.m. on Saturday, February 1, 2014. 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 22nd Day of January, 2014. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Danise Habun thanked those involved in making the Martin Luther King Jr. Day celebrations a success. Chuck Keysor noted his appreciation to the Elgin Police Department for attempting to locate car owners prior to towing during a recent snow storm. Thomas Jackson expressed his support for holding a 4th of July fireworks show in the city and noted other projects, such as electric car charging stations that could be used to promote the city. Andrew Cumming stated his concerns about the volume of the concerts that were held at Festival Park. He stated he lived a distance away from the park and the noise from the concert was loud. There was a discussion regarding the impact the river had on the sounds and implementing measures to alleviate noise issues at Festival Park in the future. VOLUME LXXIX JANUARY 22, 2014 21 PETITION 17-13 APPROVED FOR A TEXT AMENDMENT TO ESTABLISH ZONING REGULATIONS TO PERMIT ELECTRONIC CHANGEABLE COPY GRAPHICS (LED SIGNS) WITHIN MONUMENT GRAPHICS AT PROPERTIES WHICH FRONT THAT SEGMENT OF ILLINOIS ROUTE 31 (NORTH STATE STREET) FROM I-90 NORTH TO THE CITY LIMITS Marc Mylott, Community Development Director, provided an overview of the petition noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. Councilmember Gavin made a motion, seconded by Councilmember Dunne, to approve Petition 17-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 38-13 APPROVED FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE TO INCREASE THE HEIGHT OF AN EXISTING CELLULAR TOWER TO ACCOMMODATE ADDITIONAL CARRIERS (1591 FLEETWOOD DRIVE) Marc Mylott, Community Development Director, provided an overview of the petition noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve Petition 38-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Prigge abstained. PETITION 43-13 APPROVED FOR A TEXT AMENDMENT TO ESTABLISH ZONING REGULATIONS FOR MEDICAL CANNABIS CULTIVATION CENTERS AND MEDICAL CANNABIS DISPENSING ORGANIZATIONS AS DEFINED BY “COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM ACT” ENACTED BY THE STATE OF ILLINOIS THROUGH 410 ILCS 130 Marc Mylott, Community Development Director, provided an overview of the petition noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. There was discussion regarding the proposed zoning location for the dispensing locations, the implications of the sunset clause in the state legislation, and the federal laws regarding medical cannabis. JANUARY 22, 2014 VOLUME LXXIX 22 Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve Petition 43-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-6 ADOPTED ACCEPTING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO Councilmember Moeller made a motion, seconded by Councilmember Powell, 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. 14-6 RESOLUTION ACCEPTING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN’S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the proposal of Blue Cross Blue Shield of Illinois for the City of Elgin’s HMO and PPO medical insurance program for the period of March 1, 2014 through February 28, 2015. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Blue Cross Blue Shield of Illinois for the City of Elgin’s HMO and PPO medical insurance program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2014 Adopted: January 22, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX JANUARY 22, 2014 23 RESOLUTION 14-7 ADOPTED RATIFYING THE EXECUTION OF AN ASSIGNMENT OF LICENSE AGREEMENT BETWEEN AMEREN ENERGY GENERATING COMPANY AND AMERENENERGY MEDINA VALLEY COGEN, LLC, AND AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LICENSE AGREEMENT BETWEEN AMERENENERGY MEDINA VALLEY COGEN, LLC, AND MAIN LINE GENERATION, LLC Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. 14-7 RESOLUTION RATIFYING THE EXECUTION OF AN ASSIGNMENT OF LICENSE AGREEMENT BETWEEN AMEREN ENERGY GENERATING COMPANY AND AMERENENERGY MEDINA VALLEY COGEN, LLC, AND AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LICENSE AGREEMENT BETWEEN AMERENENERGY MEDINA VALLEY COGEN, LLC, AND MAIN LINE GENERATION, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an assignment of a license agreement, dated April 8, 2002, from Ameren Energy Generating Company to AmerenEnergy Medina Valley Cogen, LLC, for the maintenance of a gas main in and across Spaulding Road, by Christopher J. Beck, Assistant Corporation Counsel, a copy of which is attached hereto and made a part hereof by reference; BE IT FURTHER 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 an assignment of the aforesaid license agreement from AmerenEnergy Medina Valley Cogen, LLC, to Main Line Generation, LLC, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2014 Adopted: January 22, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 22, 2014 VOLUME LXXIX 24 RESOLUTION 14-8 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVID HUANG REGARDING THE ALFT LANE EXTENSION AND MASON ROAD IMPROVEMENTS Councilmember Powell 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. 14-8 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVID HUANG REGARDING THE ALFT LANE EXTENSION AND MASON ROAD IMPROVEMENTS 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 Agreement on behalf of the City of Elgin with David Huang regarding the Alft Lane extension and Mason Road improvements, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2014 Adopted: January 22, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Moeller made a motion, seconded by Councilmember Shaw, to pass Ordinance Nos. G3-14 through G7-14 and adopt Resolution Nos. 14-4 through 14- 5 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX JANUARY 22, 2014 25 RESOLUTION 14-4 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE GROUP, INC. (SHADOW HILL SUBDIVISION UNIT 4) Councilmember Moeller made a motion, seconded by Councilmember Shaw, 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. 14-4 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE GROUP, INC. (Shadow Hill Subdivision Unit 4) WHEREAS, the Owner of certain property commonly known as the Shadow Hill Subdivision Unit 4, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Second Amendment to Annexation Agreement with Pulte Group, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, 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, on behalf of the City of Elgin, the Second Amendment to Annexation Agreement with Pulte Group, Inc., a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2014 Adopted: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 22, 2014 VOLUME LXXIX 26 ORDINANCE G3-14 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G11-07 (SHADOW HILL SUBDIVISION UNIT 4-3625 AND 3650 WATER ROAD) Councilmember Moeller 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. G3-14 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G11-07 (Shadow Hill Subdivision Unit 4 - 3625 and 3650 Water Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PSFR2 Planned Single Family Residence District under Ordinance No. G11-07; and WHEREAS, written application has been made to amend PSFR2 Planned Single Family Residence District Ordinance No. G11-07 to permit the construction of additional single-family models within the Shadow Hill Subdivision Unit 4; and WHEREAS, the new single-family models will be constructed with side-entry garages requiring a reduction in the side yard and street yard setbacks; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted public hearings concerning said applications 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: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 2, 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 Ordinance No. G11-07 entitled “An Ordinance Amending Ordinance G74-04 Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District (Shadow Hill Unit 4 Subdivision - 3625 and 3650 Water Road),” passed February 14, 2007, be and is hereby amended only as set forth in this ordinance by amending Section G.5 VOLUME LXXIX JANUARY 22, 2014 27 entitled “Setbacks by Lot Line” by adding the additional subparagraphs f and g thereto to read as follows: f. Local Street Setback For Lots 96-132. Where a zoning lot has frontage on a local street, the minimum required setback on Lots 96-132 for a building from a Street lot line shall be twenty-three (23) linear feet. g. Side Setback For Lots 96-132. The minimum required building setback from a “side lot line” [SR] on Lots 96-132 shall be eight (8) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than sixteen (16) linear feet. And subject to the following conditions: 1. Substantial conformance with the Petitioner’s Application, Statement of Purpose and attachments dated November 6, 2013. 2. Substantial conformance to the Departure Exhibits A–D, prepared by Cemcon Ltd., and dated received November 13, 2013. 3. Substantial conformance to the exhibits entitled “Pulte Plans and General Notes, 2 Car Side Entry, Elevation 1” for the models entitled “Amberwood, Baldwin, Greenfield, Hilltop, Westchester, Riverton and Victoria” prepared by Pulte Central Zone dated April 8, 2013, and last revised August 9, 2013. 4. The departure shall be restricted to the 37 lots (Lots 96-132) located west and south of Range Road referred to as the “infill lots which are not immediately adjacent to or back up to a built lot” within Shadow Hill Subdivision Unit 4. 5. Compliance with all applicable codes and ordinances. Section 3. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G11-07. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor JANUARY 22, 2014 VOLUME LXXIX 28 Presented: January 22, 2014 Passed: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2014 Published: January 24, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-5 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE GROUP, INC. (COPPER SPRINGS SUBDIVISION) Councilmember Moeller made a motion, seconded by Councilmember Shaw, 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. 14-5 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE GROUP, INC. (Copper Springs Subdivision) WHEREAS, the Owner of certain property commonly known as Copper Springs Subdivision, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Second Amendment to Annexation Agreement with Pulte Group, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, 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, on behalf of the City of Elgin, the Seco nd Amendment to Annexation Agreement with Pulte Group, Inc., a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXIX JANUARY 22, 2014 29 Presented: January 22, 2014 Adopted: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G4-14 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G12-07 (COPPER SPRINGS SUBDIVISION-3400 AND 3401 WATER ROAD) Councilmember Moeller 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. G4-14 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G12-07 (Copper Springs Subdivision – 3400 and 3401 Water Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PSFR2 Planned Single Family Residence District under Ordinance No. G12-07; and WHEREAS, written application has been made to amend PSFR2 Planned Single Family Residence District Ordinance No. G12-07 to permit the construction of additional single-family models within the Copper Springs Subdivision; and WHEREAS, the new single-family models will be constructed with side-entry garages requiring a reduction in the street yard setbacks; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted public hearings concerning said applications 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. JANUARY 22, 2014 VOLUME LXXIX 30 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 December 2, 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 Ordinance No. G12-07 entitled “An Ordinance Amending Ordinance G37-04 Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District (Copper Springs Subdivision - 3400 and 3401 Water Road),” passed February 14, 2007, be and is hereby amended only as set forth in this ordinance by amending Section G.5 entitled “Setbacks by Lot Line” by adding the additional subparagraph f thereto to read as follows: f. Local Street Setback For Lot 133. Where a zoning lot has frontage on a local street, the minimum required setback on Lot 133 for a building from a Street lot line shall be twenty-eight (28) linear feet. And subject to the following conditions: 1. Substantial conformance with the Petitioner’s Application, Statement of Purpose and attachments dated November 6, 2013. 2. Substantial conformance to the Departure Exhibits A and B, prepared by Cemcon Ltd., dated received November 13, 2013. 3. Substantial conformance to the exhibits entitled “Pulte Plans and General Notes, 2 Car Side Entry, Elevation 1” for the models entitled “Amberwood, Baldwin, Greenfield, Hilltop, Westchester, Riverton and Victoria” prepared by Pulte Central Zone dated April 8, 2013, and last revised August 9, 2013. 4. The departure shall be restricted to Lot 133 of Copper Springs Subdivision located at the corner of Atwell and Moonlight Drive, that backs up to Gansett Parkway. 5. Compliance with all applicable codes and ordinances. Section 3. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G12-07. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXIX JANUARY 22, 2014 31 Presented: January 22, 2014 Passed: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2014 Published: January 24, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G5-14 PASSED GRANTING A CONDITIONAL USE TO PERMIT A DRIVING SCHOOL IN THE AB AREA BUSINESS DISTRICT (108 TYLER CREEK PLAZA) Councilmember Moeller 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. G5-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT A DRIVING SCHOOL IN THE AB AREA BUSINESS DISTRICT (108 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to permit a driving school in the AB Area Business 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 December 2, 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 a driving school in the AB Area Business District at 108 Tyler Creek Plaza, and legally described as follows: JANUARY 22, 2014 VOLUME LXXIX 32 Lots 2, 3 and 4 in Tyler Creek Plaza phase 2 Subdivision except that part of Lots 2 and 3 in Tyler Creek Plaza phase 2 Subdivision, Lying in Section 3, Township 41 North, Range 8, East of the third Principal Meridian Described as follows: Beginning at the Southwest corner of said Lot 3 and running thence North 00 degrees 53 minutes 19 seconds west along the West line of said Lot 3 and said Lot 2, a distance of 120.00 Feet; thence North 89 degrees 59 minutes 18 seconds East, parallel to the South line of said Lot 3 a distance of 150.00 feet to the East line of said Lot2; thence South 00 degrees 53 minutes 19 seconds East Parallel to the West line of said Lots 2 and 3, A distance of 120.00 feet to the South line of said Lot 3; thence south 89 degrees 59 minutes 18 seconds West, a distance of 150.00 feet to the place of beginning), All in the City of Elgin, Kane County, Illinois (Property commonly known as 460 South McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance and Attachments, submitted by Alicia Delgado - Lutz dated received October 4, 2013. 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 Interior Floor Plan, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 3. Substantial conformance to the Tenant Space Location Exhibit, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 4. Substantial conformance to the Alta/ACSM Land Title Survey, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 5. Substantial conformance to the “Employee Office Hours” worksheet, submitted by, Alicia Delgado - Lutz received November 11, 2013. 6. The conditional use granted herein is limited to tenant space 108 of the Tyler Creek Plaza. 7. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXIX JANUARY 22, 2014 33 Presented: January 22, 2014 Passed: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2014 Published: January 24, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G6-14 PASSED GRANTING CONDITIONAL USE APPROVAL TO PERMIT A SECOND AMENDMENT TO A PROGRAM FOR GRAPHICS (77 NORTH AIRLITE STREET) Councilmember Moeller 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 G6-14 AN ORDINANCE GRANTING CONDITIONAL USE APPROVAL TO PERMIT A SECOND AMENDMENT TO A PROGRAM FOR GRAPHICS (77 North Airlite Street) WHEREAS, Ordinance No. G32-99, entitled “An Ordinance Granting Conditional Use for a Master Signage Plan”, was adopted on June 23, 1999, and provided for a specified program for graphics for the property commonly known as 77 North Airlite Street; and WHEREAS, Ordinance No. G32-99 was amended by Ordinance No. G9-11 entitled “An Ordinance Granting Conditional Use Approval to Permit an Amended Program for Graphics,” on March 23, 2011, to provide for additional graphics through a program for graphics; and WHEREAS, written application has been made for conditional use approval to further amend the program for graphics provided for in Ordinance No. G9-11, to allow changes to existing graphics, and to construct additional graphics on the property; 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 in the findings and recommendation of the Zoning and Subdivision Hearing Board. JANUARY 22, 2014 VOLUME LXXIX 34 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 December 2, 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 Ordinance No. G9-11 entitled “An Ordinance Granting Conditional Use Approval to Permit an Amended Program for Graphics,” passed March 23, 2011, be and is hereby further amended as set forth in this ordinance. Section 3. That conditional use approval to permit a second amendment to a program for graphics in the CF Community Facility District at 77 North Airlite Street and legally described as follows: Parcel One: Outlot “A” of Country Knolls, Unit No. 8, in the City of Elgin, Kane County, Illinois. Parcel Two: Lots 12, 13, 14, 15, 16, and 17 in Block 4 in the Walter G. McIntosh and Company’s “Fox River Farms”, in the City of Elgin, Kane County, Illinois. Parcel Three: Lots 14, 15 and 16 in Block 5 of the Walter G. McIntosh and Company’s “Fox River Farms” in the City of Elgin, Kane County, Illinois. Parcel Four: That Part of Provena Drive (Vacated), Originally Cherry Street, Lying Northerly of the Southerly Line, Extended Westerly of Lot 16 in Walter G. McIntosh & Company’s Fox River Farms, Being a Subdivision of Part of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian. Situated in the City of Elgin, Kane County, Illinois (Property Commonly Known as 77 North Airlite Street). be and is hereby granted subject to the following additional conditions: 1. Substantial conformance to the Application, Statement of Purpose and Conformance, Statements of Consent and Disclosure, prepared and submitted by Allen Jensen, Assistant Vice President, Facilities Management received November 5, 2013, and last revised November 25, 2013. 2. Substantial conformance with the graphics package entitled “Presence St. Joseph Hospital, Elgin, Exterior Sign Standards Final for Fabrication Programming Revised,” prepared by HKS and Ex: I and submitted on August 27, 2013. 3. Substantial Conformance to the sample representative graphics fabrication details prepared by Poblocki Sign Company LLC: i. SL130 dated October 10, 2013 and last revised November 11, 2013 ii. ID244i dated September 24, 2013 VOLUME LXXIX JANUARY 22, 2014 35 iii. DR303.1ci dated September 25, 2013 and last revised October 28, 2013. 4. Substantial conformance with the Plat of Survey entitled “Provena St. Joseph Hospital, Topographical Plat of Survey” Sheets 1-9, prepared by Landmark Engineering LLC, dated October 1, 2009. 5. Conformance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2, and Ordinance No. G9-11, this ordinance and associated documents shall control and prevail. 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 22, 2014 Passed: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2014 Published: January 24, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G7-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS Councilmember Moeller 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. JANUARY 22, 2014 VOLUME LXXIX 36 Ordinance No. G7-14 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS NOW, THEREFORE, 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 O thereof to read as follows: “O. The number of class E-2 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 are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2014 Passed: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 22, 2014 Published: January 24, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX JANUARY 22, 2014 37 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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. Board of Health October 14, 2013 Foreign Fire Insurance Tax Board October 8, 2013 Liquor Commission December 4, 2013 Committee of the Whole Minutes for December 18, 2013 City Council Minutes for December 18, 2013 Sales Tax Local Sales Tax State Income Tax State Use Tax Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act JANUARY 22, 2014 VOLUME LXXIX 38 Pending, Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body Before a Court or Administrative Tribunal - Exempt Under Section 120/2(c)(11) of the Open Meetings Act Discussion of Minutes of Meetings Lawfully Closed Under This Act - Exempt Under Section 120/2(c)21) of the Open Meetings Act The meeting adjourned at 9:26 p.m. s/ Kimberly Dewis February 12, 2014 Kimberly Dewis, City Clerk Date Approved