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MARCH 19, 2014 VOLUME LXXIX
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 March 19, 2014, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by Pastor Gabriel Barden from the Seventh Day Adventist Church and the
Pledge of Allegiance was led by Joe and Armida Dominguez.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE FEBRUARY 26, 2014, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the
February 26, 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
National Service Recognition Day
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, National Service Members serve their communities by improving
education, protecting public safety, improving health care, safeguarding the environment,
providing disaster relief and promoting civic engagement; and
WHEREAS, the nation’s mayors are increasingly turning to national service and
volunteerism as a cost-effective strategy to meet city needs; and
WHEREAS, national service expands economic opportunity by creating more
sustainable, resilient communities and providing education, career skills, and leadership abilities
for those who serve; and
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WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate
commitment, dedication, and patriotism by making an intensive commitment to service, a
commitment that remains with them in their future endeavors; and
WHEREAS, Elgin is committed to promoting and supporting community volunteer
efforts in Elgin and throughout the state of Illinois through Serve Illinois and Cities of Service.
NOW, THEREFORE, I, David J. Kaptain, Mayor of The City of Elgin, Illinois do hereby
proclaim April 1, 2014, as National Service Recognition Day, and encourage residents to
recognize the positive impact of national service in our city and thank those who serve; and to
find ways to give back to their communities.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th Day of March, 2014.
David J. Kaptain
Mayor
Season Winesburg, Miss Illinois International Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, the City of Elgin appreciates the efforts of 2013 Miss Illinois International
and Elgin resident Season Winesburg; and
WHEREAS, the City of Elgin values Season Winesburg’s devotion and compassion for
her community and the entire state of Illinois, along with neighboring states; and
WHEREAS, the City of Elgin appreciates Season Winesburg’s dedication in her work
with children, as an international surgical volunteer for Smile Train and as an International
Ambassador and spokesperson for ALS; and
WHEREAS, during her reign as 2013 Miss Illinois International, Season Winesburg has
traveled over 45,000 miles and helped raise $428,000 for charity;
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois,
commemorate Wednesday, March 19th, 2014, in honor of Season Winesburg.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th Day of March, 2014.
David J. Kaptain
Mayor
MARCH 19, 2014 VOLUME LXXIX
112
RECOGNIZE PERSONS PRESENT
Deirdre White, Downtown Neighborhood Association (DNA), provided an update on DNA
activities including an upcoming “Out to Lunch” event and ribbon cuttings for downtown
businesses.
Tony Sanders, from U-46, provided the Council with a copy of the district’s annual report and
highlighted various accomplishments in the report.
Jason Dusenberry expressed his concerns over the proposed lease agreement for the property
known as the Fox River Country Day School. He felt there were too many unknowns regarding
the agreement, that it was being rushed, and there was a conflict of interest on the council.
Mike Butirro thanked those that removed the snow this year. He also pointed out his recent
positive experience with 311 and commented on the Riverside Project.
Carol Gieske announced the U.S. Chamber awarded the Elgin Area Chamber with accredited
statues. She thanked all those who helped achieve this goal. Further, she announced a new
program for small businesses.
Betsy Couture thanked the Grand Victoria Casino for the partnership to allow for 4th of July
fireworks. She felt it would provide a sense of community and other positive benefits for the
city.
Holly Mack stated she was not supportive of the lease agreement with the charter school. She
suggested other locations for the school and felt the city should sell the property known as the
Fox River Country Day School.
Chuck Keysor spoke out against the lease of the property at the Fox River Country Day School.
He felt that this agreement would cause an additional burden on the taxpayers because the rent
would not cover basic expenses.
Kevin Echevarria spoke in support of the lease agreement with the charter school. He felt it was
a good use of the property and would benefit the community.
Margaret Miller expressed her concerns regarding the proposed lease agreement with the charter
school. She had concerns regarding the request for proposal process for the property and that the
matter was being rushed through without proper consideration.
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113
BID 13-057 AWARDED TO MUSCAT PAINTING AND DECORATING FOR THE
RIVERSIDE WATER TREATMENT PLANT FIVE MILLION GALLON RESERVOIR
PAINTING PROJECT
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to remove Bid 13-
057 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
There was clarification as to why this item was tabled. There was a potential prevailing wage
issue for the low bidder. The matter was researched and it was determined the low bidder was
eligible.
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a contract
to Muscat Painting and Decorating in the amount of $66,340 to repaint the exterior of the
concrete reservoir to maintain the tank material integrity and improve the aesthetics of the tank.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 14-002 AWARDED TO ORANGE CRUSH, LLC FOR THE GARDEN
CRESCENT/ROYAL STREET REHABILITATION PROJECT
Councilmember Dunne made a motion, seconded by Councilmember Shaw, to award a contract
to Orange Crush LLC in the amount of $2,707,000 to improve the water main, sanitary, storm
and pavement infrastructure on several adjacent streets in the area of and including Garden
Crescent Drive and Royal Boulevard. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
BID 14-004 AWARDED TO J. CONGDON SEWER SERVICE, INC. FOR THE 2014
WATER MAIN REPLACEMENT ON ABBOTT DRIVE AND GETZELMAN DRIVE
Councilmember Gavin made a motion, seconded by Councilmember Powell, to award a contract
to J. Congdon Sewer Service, Inc. in the amount of $748,698 to improve the city’s infrastructure
with replacement of the aging water main along Abbott Drive and Getzelman Drive. Upon a roll
call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Nays: None.
MARCH 19, 2014 VOLUME LXXIX
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BID 14-007 AWARDED TO VARIOUS VENDORS FOR GOLF CHEMICAL SUPPLIES
Councilmember Dunne made a motion, seconded by Councilmember Powell, to approve and
award the bid to the lowest responsive bidders designated in the “Operational Analysis” section
of the memorandum provided to Council in the amount of $130,125. Upon a roll call vote:
Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen,
and Mayor Kaptain. Nays: None.
BID 14-009 AWARDED TO KOI COMPUTERS FOR THE PURCHASE OF DESKTOP
COMPUTERS AND MONITORS
There was discussion regarding purchasing or leasing the equipment, the replacement schedule,
and if there was any value for trading in the equipment.
Councilmember Dunne made a motion, seconded by Councilmember Shaw, to approve a
purchase agreement with KOI Computers in the amount of $72,982 for the purchase of Hewlett-
Packard desktop computers and Viewsonic monitors to replace functionally obsolete equipment
and improve staff working environment, productivity, and support. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
RESOLUTION 14-36 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ANDRES MEDICAL BILLING FOR EMERGENCY MEDICAL SERVICE
BILLING AND MANAGEMENT REPORTING
Councilmember Dunne 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. 14-36
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ANDRES MEDICAL BILLING
FOR EMERGENCY MEDICAL SERVICE BILLING
AND MANAGEMENT REPORTING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an
agreement on behalf of the City of Elgin with Andres Medical Billing for emergency medical
VOLUME LXXIX MARCH 19, 2014
115
service billing and management reporting, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 14-37 TABLED AUTHORIZING EXECUTION OF A LEASE
AGREEMENT WITH ELGIN CHARTER SCHOOL INITIATIVE ALSO KNOWN AS
THE ELGIN MATH AND SCIENCE ACADEMY (PORTIONS OF THE PROPERTY
COMMONLY KNOWN AS THE FORMER FOX RIVER COUNTRY DAY SCHOOL
PROPERTY AT 1600 DUNDEE AVENUE, ELGIN, ILLINOIS)
Corporation Counsel Cogley provided details on how the city came to possess this property and
outlined the proposed lease with the Charter School Initiative. The terms of lease were reviewed
including the amount of rent to be collected over the course of the lease, that it is nonexclusive,
and therefore allows other entities to use the property.
Chief Financial Officer Colleen Lavery reviewed the expected costs associated with the property.
The costs including building repairs, building maintenance, and utility costs. Further, she
provided information regarding how the improvements would be funded, a cash flow analysis
over the next ten years, and she focused on the expected expenses for 2014.
Rich Hoke commented on the building assessments. He noted pavement costs; restrictions on
the property; which buildings would be utilized immediately; timing of the expenses; the
potential for further deterioration of buildings; and increased expenditures to make the repairs in
the future. Also discussed was the potential for the demolition of certain buildings.
Councilmember Dunne made a motion, seconded by Councilmember Powell, to table Resolution
13-37. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge,
Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Rauschenberger.
MARCH 19, 2014 VOLUME LXXIX
116
RESOLUTION 14-38 ADOPTED AUTHORIZING EXECUTION OF A THIRD
AMENDMENT TO ANNEXATION AGREEMENT WITH ELGIN MEMORY CARE,
LLC, AND NESLER AND LAKE-CRE, LLC
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. 14-38
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO
ANNEXATION AGREEMENT WITH ELGIN MEMORY CARE, LLC, AND
NESLER AND LAKE-CRE, LLC
(West Point Gardens Subdivision)
WHEREAS, the Owners of certain property commonly known as the commercial parcel
of the West Point Gardens Subdivision, Elgin, Illinois have proposed that the annexation
agreement between the Owners and the City of Elgin be further 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 Third Amendment to Annexation Agreement with Elgin
Memory Care, LLC, and Nesler and Lake-CRE, LLC, 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 Third
Amendment to Annexation Agreement with Elgin Memory Care, LLC, and Nesler and Lake-
CRE, LLC, a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX MARCH 19, 2014
117
ORDINANCE G17-14 PASSED AMENDING PAB PLANNED AREA BUSINESS
DISTRICT ORDINANCE NO. G09-05 (ELGIN MEMORY CARE, LLC-3271 U.S.
HIGHWAY 20)
Councilmember Shaw made a motion, seconded by Councilmember Dunne, 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. G17-14
AN ORDINANCE
AMENDING PAB PLANNED AREA BUSINESS DISTRICT
ORDINANCE NO. G09-05
(Elgin Memory Care, LLC – 3271 U.S. Highway 20)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PAB Planned Area Business District under Ordinance No. G09-05;
and
WHEREAS, written application has been made to amend PAB Planned Area Business
District Ordinance No. 09-05 to permit the construction of a nursing and personal care facility
within the subdivision; and
WHEREAS, after due notice in the manner provided by law the Planning and 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 and 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 April 1, 2013, 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 Ordinance No. G09-05 entitled “An Ordinance Classifying Newly
Annexed Territory in the PAB Planned Area Business District,” passed January 12, 2005, be and
is hereby amended only as set forth in this ordinance by amending Section 4.F entitled “Land
Use, subsection Services Division” by the addition of the following:
“Nursing and Personal Care Facility (805) encompassing memory care and assisted living
for the elderly.”
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And subject to the following additional conditions:
1. Substantial conformance with the Application and attached amended Rider
containing the applicant’s amended Statement of Purpose and Conformance and
attachments, submitted by Peter Bazos, Esq., of Bazos, Freeman, Kramer,
Schuster & Braithwaite, LLC., dated Februar y 27, 2013 and amended on May 1,
2013. In the event of any conflict between such documents and the provisions of
this ordinance or other applicable city ordinances, this ordinance or other
applicable city ordinances shall supersede and control.
2. Substantial conformance with the Development Plan containing the following
documents listed below:
a. Plat of Survey prepared by Vanderstappen Surveying & Engineering,
Incorporated dated February 27, 2013 as Preliminary.
b. Topographic Survey prepared by Vanderstappen Surveying &
Engineering, Incorporated dated February 25, 2013.
c. Final Engineering and Improvement Plan for Elgin Memory Care, and
Shannon Parkway Improvements, Elgin, Illinois, Sheets 1-20, prepared by
Lintech Engineering, LLC, dated August 14, 2013, and last revised
January 31, 2014.
d. Tree Preservation Plan, Sheet L-1, and Final Landscape Plans, Sheets L-2
and L-3, Landscape Details Sheet L-4, and Landscape Specification
Sheets L-5 (2 sheets) prepared by Enon Hill Design & Development, Inc.
dated March 1, 2013, and last revised on January 28, 2014.
e. Overall Building Floor Plan prepared by RDL Architects, Inc., dated
February 25, 2013.
f. Building Elevations prepared by RDL Architects, Inc., dated July 30,
2012.
g. Final Plat of Subdivision for Elgin Memory Care Subdivision prepared by
Vanderstappen Surveying and Engineering, Incorporated with last revision
dated February 20, 2014.
3. The use of a Nursing and Personal Care Facility (805) is restricted to Lot 1 of the
subdivision.
4. A further amendment to the subject planned development shall be required prior
to the development of the remaining parcel(s) within the subdivision. Such
amendment shall not require a similar amendment to the annexation agreement.
5. Access from Shannon Parkway to the nursing and personal care facility, the
remaining parcels, and the vacant un-incorporated parcel to the east of the subject
properties shall be provided by means of a shared east-west, centrally-located
private driveway.
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119
6. The sanitary sewer service line depicted along the southerl y portion of Lot 1 shall
be extended in an easterly direction as a public sanitary sewer main line to
provide connectivity to Lot 2 within the proposed subdivision.
7. Stormwater management shall be provided in compliance with Title 21 of the
Elgin Municipal Code entitled “Storm Water Management” including but not
limited to the following additional conditions:
a. Lot 2, when developed, will need to provide stormwater facilities in
compliance with Title 21 of the Elgin Municipal Code.
b. All stormwater facilities shall be located entirely on a separate lot
dedicated for the purpose of stormwater management, shall have access to
a public street, and shall be accessible and easily maintained. Provisions
for access to said lot shall be via a minimum fifteen foot wide easement.
8. The owner of the Elgin Memory Care property shall improve Shannon Parkway
pursuant to the plans referenced in Section 2(c) of this section and otherwise in
conformance with city codes, ordinances and standards prior to the issuance of a
certificate of occupancy for Elgin Memory Care, and in compliance with the
following additional conditions:
a. The owner of the Elgin Memory Care property shall provide a concrete
sidewalk along the east side of Shannon Parkway beginning at the existing
sidewalk located at the northeast corner of said Shannon Parkway and
Daisy Lane, and extend in a northerly direction to a terminal point at the
southeast corner of the intersection of said Shannon Parkway and U.S.
Highway 20. A concrete sidewalk shall also be provided along the north
lot line of the subject nursing and personal care facility. Said concrete
sidewalk shall conform to all city codes and ordinances.
b. Provisions for stormwater management related to the construction of
Shannon Parkway shall be provided within the lot described within
Section 7 of this section.
9. The owner and/or operator of the nursing and personal care facility to be
established on Lot 1 of the Commercial Parcel shall contract with and shall call
and otherwise utilize a qualified private ambulance service to provide for all non-
emergency medical transportation to and from the facility. For the purposes of
this section, terms shall be defined as provided in the Emergency Medical
Services (EMS) Systems Act at 210 ILCS 50/1, et seq. “Emergency” means a
medical condition of recent onset and severity that would lead a prudent
layperson, possessing an average knowledge of medicine and health, to believe
that urgent or unscheduled medical care is required. (210 ILCS 50/3.5, as
amended). “Non-Emergency Medical Services” means medical care or monitoring
MARCH 19, 2014 VOLUME LXXIX
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rendered to patients whose conditions do not meet the definition of an emergency,
before or during transportation of such patients to or from health care facilitie s
visited for the purposes of obtaining medical or health care services which are not
emergency in nature, using a vehicle regulated by the Emergency Medical
Services Systems Act. (210 ILCS 50/3.5, as amended). The owner and/or
operator of the nursing and personal care facility to be established on Lot 1 of the
Commercial Parcel shall provide the fire chief each year a copy of such a contact
with a qualified private ambulance service providing for all non-emergency
medical transportation to and from the facility.
10. All graphics shall meet the requirements of Chapter 19.50 entitled “Street
Graphics.” For purposes of clarification, the applicant, by email dated April 23,
2013, has withdrawn the application to include the property within an “Area of
Special Character” to allow for the installation of an off-premise sign, and such
sign application has not been approved.
11. Compliance with all applicable City codes, ordinances and standards.
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. G09-05. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2, and Ordinance No. G09-05, 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
Presented: March 19, 2014
Passed: March 19, 2014
Vote: Yeas: 9 Nays: 0
Recorded: March 19, 2014
Published: March 21, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX MARCH 19, 2014
121
RESOLUTION 14-39 ADOPTED APPROVING FINAL PLAT FOR ELGIN MEMORY
CARE SUBDIVISION (3271 U.S. HIGHWAY 20)
Councilmember Shaw made a motion, seconded by Councilmember Gavin, 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. 14-39
RESOLUTION
APPROVING FINAL PLAT FOR
ELGIN MEMORY CARE SUBDIVISION
(3271 U.S. Highway 20)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the final plat prepared by Vanderstappen Surveying & Engineering,
Incorporated, with last revision dated February 20, 2014, for Elgin Memory Care Subdivision.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE S1-14 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING
MAP
Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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.
MARCH 19, 2014 VOLUME LXXIX
122
Ordinance No. S1-14
AN ORDINANCE
ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP
WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be
published each year a map clearly showing the existing zoning uses, divisions, restrictions,
regulations and classifications of a municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2014
Official Zoning Map" dated March 19, 2014 be and is hereby adopted as the official zoning map
for the City of Elgin, Illinois.
Section 2. That the city's department of planning and neighborhood services is hereby
directed to cause the publication of the City of Elgin's official zoning map.
Section 3. That the following fees are hereby established to be charged to any person
desiring a copy of such official zoning map or portions thereof to defray the cost of publication
of the official zoning map: The city-wide map - $55.00 and each quadrant map - $25.00.
Section 4. 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 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Passed: March 19, 2014
Vote: Yeas: 9 Nays: 0
Recorded: March 19, 2014
Published: March 21, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX MARCH 19, 2014
123
AUTHORIZATION FOR PAYMENTS
Councilmember Dunne made a motion, seconded by Councilmember Gavin, to approve the
payment of Sewer Equipment of America in the amount of $20,153 to replace the water pump on
the Sewer Division jetting truck (#103) along with the associated parts and labor. Upon a roll
call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Nays: None.
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Gavin, to pass Ordinance Nos.G15-13 through G16-13and adopt Resolution Nos. 13-27 through
13-35 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 14-27 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH MARKETPLACE MEDIA GROUP, INC. FOR DESIGN AND PUBLICATION
SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-27
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MARKETPLACE MEDIA GROUP, INC. FOR DESIGN AND PUBLICATION SERVICES
REGARDING THE ELGIN NEIGHBOR NEWSLETTER
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 Marketplace Media Group, Inc., on behalf
of the City of Elgin for design and publication services regarding the Elgin Neighbor newsletter,
a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
MARCH 19, 2014 VOLUME LXXIX
124
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 14-28 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH STRATHMORE COMPANY FOR PRINTING AND MAIL COORDINATION
SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-28
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
STRATHMORE COMPANY FOR PRINTING AND MAIL COORDINATION
SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER
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 Strathmore Company on behalf of the City
of Elgin for printing and mail coordination services regarding the Elgin Neighbor newsletter, a
copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX MARCH 19, 2014
125
RESOLUTION 14-29 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE
AGREEMENT WITH ZOLL MEDICAL CORPORATION FOR CARDIAC MONITORS
AND RELATED COMPONENTS
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-29
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT
WITH ZOLL MEDICAL CORPORATION
FOR CARDIAC MONITORS AND RELATED COMPONENTS
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
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 a purchase agreement on behalf of the City of Elgin
with Zoll Medical Corporation for three cardiac monitors and related components, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
MARCH 19, 2014 VOLUME LXXIX
126
RESOLUTION 14-30 ADOPTED AUTHORIZING EXECUTION OF A MASTER
SOFTWARE LICENSE AGREEMENT WITH ZOLL DATA SYSTEMS, INC. FOR
ELECTRONIC PATIENT CARE REPORTING SOFTWARE
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-30
RESOLUTION
AUTHORIZING EXECUTION OF A MASTER SOFTWARE LICENSE AGREEMENT
WITH ZOLL DATA SYSTEMS, INC.
FOR ELECTRONIC PATIENT CARE REPORTING SOFTWARE
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
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, be and is hereby authorized and directed to
execute a master software license agreement on behalf of the City of Elgin with Zoll Data
Systems, Inc. for electronic patient care reporting software, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX MARCH 19, 2014
127
RESOLUTION 14-31 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH HISPANIC HOUSING DEVELOPMENT CORPORATION FOR REGULATING
MOTOR VEHICLE TRAFFIC AT THE SQUIRE VILLAGE APARTMENTS
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-31
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HISPANIC HOUSING DEVELOPMENT CORPORATION
FOR REGULATING MOTOR VEHICLE TRAFFIC AT THE
SQUIRE VILLAGE APARTMENTS
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 Hispanic Housing
Development Corporation for regulating motor vehicle traffic at the Squire Village Apartments
in the City of Elgin, Illinois, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 14-32 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH POPLAR CREEK TOWNHOMES COOPERATIVE D/B/A CRESTWOOD OF
ELGIN FOR REGULATING MOTOR VEHICLE TRAFFIC AT THE CRESTWOOD OF
ELGIN APARTMENTS
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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.
MARCH 19, 2014 VOLUME LXXIX
128
Resolution No. 14-32
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH POPLAR CREEK
TOWNHOMES COOPERATIVE D/B/A CRESTWOOD OF ELGIN
FOR REGULATING MOTOR VEHICLE TRAFFIC AT THE
CRESTWOOD OF ELGIN APARTMENTS
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 Poplar Creek
Townhomes Cooperative d/b/a Crestwood of Elgin for regulating motor vehicle traffic at the
Crestwood of Elgin Apartments in the City of Elgin, Illinois, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 14-33 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH B.M.K. VETERINARY ASSOCIATES, P.C. FOR ANIMAL SHELTER
SERVICES
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-33
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH B.M.K. VETERINARY ASSOCIATES, P.C.
FOR ANIMAL SHELTER SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an
VOLUME LXXIX MARCH 19, 2014
129
agreement on behalf of the City of Elgin with B.M.K. Veterinary Associates, P.C. for animal
shelter services, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 14-34 ADOPTED RENAMING THE ORIGINAL KIWANIS PARK TO
WILLOW CREEK PARK
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-34
RESOLUTION
RENAMING THE ORIGINAL KIWANIS PARK
TO WILLOW CREEK PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the park located at the intersection of Willard Avenue, Ramona Avenue and Lucille Avenue
and named Kiwanis Park be and is hereby designated and renamed "Willow Creek Park".
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
MARCH 19, 2014 VOLUME LXXIX
130
RESOLUTION 14-35 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE
AGREEMENT WITH TI TRAINING CORP. FOR USE OF FORCE TRAINING
SYSTEM
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 14-35
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT
WITH TI TRAINING CORP.
FOR USE OF FORCE TRAINING SYSTEM
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
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 a purchase agreement on behalf of the City of Elgin
with Ti Training Corp. for use of force training system, a copy of which is attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX MARCH 19, 2014
131
ORDINANCE G15-14 PASSED AMENDING PORI PLANNED OFFICE RESEARCH
INDUSTRIAL DISTRICT ORDINANCE NO. G51-08 (1600 NORTH RANDALL ROAD)
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. G15-14
AN ORDINANCE
AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT
ORDINANCE NO. G51-08
(1600 North Randall Road)
WHEREAS, the territory herein described has been classified in the PORI Planned Office
Research Industrial District under Ordinance No. G51-08 within the subdivision commonly
known as Alft-Randall Division; and
WHEREAS, written application has been made to amend PORI Planned Office Research
Industrial District Ordinance No. G51-08, to permit the installation of additional wall and
monument graphics; and
WHEREAS, after due notice in the manner provided by law, the Planning and 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 and 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 February 3, 2014, 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 Ordinance No. G51-08 entitled “An Ordinance Classifying Newly
Annexed Territory In The PORI Planned Office Research Industrial District, and Granting a Map
Amendment from ORI Office Research Industrial District To PORI Planned Office Research
Industrial District,” passed July 23, 2008, be and is hereby amended only as set forth in this
ordinance as follows:
That Section 3 J. of Ordinance No. G51-08 entitled “Signs” is hereby amended to read as
follows:
MARCH 19, 2014 VOLUME LXXIX
132
J. Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter
19.50, Signs, of the Elgin Municipal Code, 1976, as amended. The following additional
street graphics shall be permitted on the property as described below:
1. One Monument Graphic not to exceed two hundred (200) square feet in surface area
and twenty (20) feet in height installed at the northeast corner of the property at the
intersection of Randall Road and Alft Lane.
2. One Wall Graphic not to exceed one hundred and forty (140) square feet in surface
area installed at the northeast corner of the east elevation of the building.
And subject to the following conditions:
1. Substantial conformance with the Application and Statement of Purpose and
Conformance prepared by Peter C. Bazos of Bazos, Freeman, Kramer, Sch uster &
Braithwaite, LLC, dated December 18, 2013.
2. Substantial conformance with the graphics exhibits prepared by Parvin -Clauss
Sign Company as follows:
a. Wall Graphic Exhibit, Sheet 1 of 1 dated October 18, 2013
b. Monument Graphics Exhibits, Options A and B, Sheets 1 and 2, dated August
21, 2013 and last revised on November 5, 2013.
3. Substantial conformance with the Final Plat of Subdivision entitled Alft-Randall
Division, prepared by Bollinger, Lach & Associates, Inc., dated March 20, 2007
and last revised on March 29, 2011.
4. The wall graphic shall be installed on the building face in a manner that does not
cover or interrupt major architectural features, such as doors, exits, and windows,
or extends above the highest point of the wall parapet. The base of t he proposed
wall graphic shall align with the base of the existing “1600” graphic on that
elevation.
5. Conformance 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. G51-08. 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, and Ordinance No
G51-08, 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 MARCH 19, 2014
133
Presented: March 19, 2014
Passed: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: March 19, 2014
Published: March 21, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G16-14 PASSED GRANTING A CONDITIONAL USE TO PERMIT
ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT
(20 TYLER CREEK PLAZA)
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. G16-14
AN ORDINANCE
GRANTING A CONDITIONAL USE TO PERMIT ACCESSORY PACKAGE LIQUOR
SALES IN THE AB AREA BUSINESS DISTRICT
(20 Tyler Creek Plaza)
WHEREAS, written application has been made requesting conditional use approval to
permit accessory package liquor sales 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 February 3, 2014, 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 accessory package liquor sales in the AB
Area Business District at 20 Tyler Creek Plaza, and legally described as follows:
MARCH 19, 2014 VOLUME LXXIX
134
PARCEL ONE:
LOT 1 IN TYLER CREEK PLAZA SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT NO. 1650586 WITH
THE RECORDER OF KANE COUNTY, ILLINOIS.
PARCEL TWO:
EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR BENEFIT OF
PARCEL ONE AS CREATED BY AND DESCRIBED IN DECLARATION
DOCUMENT 1650587 AS AMENDED FROM TIME TO TIME ON AND OVER
LOTS 2, 3, 4, 5 AND 6 IN TYLER CREEK PLAZA SUBDIVISION AFORESAID
AND ALSO OVER THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF
NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF BIG TIMER
ROAD; THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN
BOULEVARD 882.12 FEET FROM THE PLACE OF BEGINNING; THENCE
EASTERLY AND PARLLEL WITH THE CENTER LINE OF BIG TIMBER ROAD
405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE 395.00 FEET TO A POINT ON THE NORTH LINE OF
TYLER CREEK PLAZA SUBDIVISION THENCE WESTERLY ALONG SAID
NORTH LINE 398.72 FEET TO THE CENTER LINE OF NORTH MCLEAN
BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 395.05 FEET
TO THE PLACE OF BEGINNING, (EXCEPT PART IN MCLEAN BOULEVARD) IN
THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO RIGHTS, IF ANY, FOR BENEFIT OF PARCEL ONE CREATED BY
DEVELOPMENT AGREEMENT DOCUMENT 1650591 RECORDED AUGUST 24,
1983, CREATED BY PARTY WALL DECLARATION RECORDED AUGUST 24,
1983 AS DOCUMENT 1650594 AND BY INSTRUMENT AS TO CONVENANTS
RECORDED AUGUST 24, 1983 AS DOCUMENT 1650595 (Property commonly known
as 20 Tyler Creek Plaza).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance and
Attachments, submitted by Butera Finer Foods, Inc. dated received January 14, 2014.
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 Fixture Plan, submitted by, Butera Finer
Foods, Inc. dated received January 14, 2014.
VOLUME LXXIX MARCH 19, 2014
135
3. The conditional use granted herein is limited to tenant space of 20 Tyler Creek Plaza.
4. 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
Presented: March 19, 2014
Passed: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: March 19, 2014
Published: March 21, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Moeller made a motion, seconded by Councilmember Shaw, 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.
Bicycle & Pedestrian Advisory Committee February 4, 2014
Cultural Arts Commission February 10, 2014
Heritage Commission January 7 and February 4, 2014
Heritage Commission Design Review January 14, 2014
Planning and Zoning Commission January 6 and February 3, 2014
Committee of the Whole Minutes for February 12, 2014
City Council Minutes for February 12, 2014
Disbursement Report
MARCH 19, 2014 VOLUME LXXIX
136
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Shaw, 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.
Setting of a Price for Sale or Lease of Property Owned by the Public Body -
Exempt Under Section 120/2(c)(6) of the Open Meetings Act
Collective Bargaining Issues or Deliberations Concerning Salary Schedules for
One or More Classes of Employees - Exempt Under Section 120/2(c)(2) of the
Open Meetings Act
The meeting adjourned at 10:42 p.m.
s/ Kimberly Dewis April 9, 2014
Kimberly Dewis, City Clerk Date Approved