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HomeMy WebLinkAboutj - June 11, 2014 CC220 JUNE 11, 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 June 11, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Robbie Robinson from the Second Baptist Church and the Pledge of Allegiance was led by Councilmember Richard Dunne. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 28, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the May 28, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Elgin Rugby Football Club Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Elgin Rugby Football Club was originally founded in 1979 as men’s rugby club and laid a strong tradition of rugby in the Elgin area playing in men’s competitions throughout the Midwest; and WHEREAS, In 2011, at the request of Larkin High School students, several former members and students from the Elgin area, the Club started a high school team; and VOLUME LXXIX JUNE 11, 2014 221 WHEREAS, In the first year, Elgin Rugby Football Club had nine high school players in the club’s inaugural season competing in the Illinois Youth Rugby Association’s Division 3 competition. The following seasons brought conference championships in 2012 and 2013 in Division 3 and the only losses in those seasons were the eventual state champions; and WHEREAS, In 2014, the Elgin Rugby Football Club moved up to Division 2 and won the Illinois Youth Rugby Association’s Division 2 State Shield Tournament; and WHEREAS, The Club is comprised of High School students from Elgin and the surrounding communities to include: Larkin, Elgin, Elgin Academy, Burlington Central, Huntley, and St. Charles North. The majority of players and coaches reside in Elgin or the greater Elgin area. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to the Elgin Rugby Football Club on the success of their 2014 championship season. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of June, 2014. David J. Kaptain Mayor A to Z Rentals 60th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, A to Z Rentals is a local, family owned rental company located in Elgin since 1954; WHEREAS, A to Z Rentals rents party essentials, lawn, garden, do-it-yourself and construction equipment, and employs nine employees; and WHEREAS, A to Z Rentals is a long time member of Elgin Chamber of Commerce; and WHEREAS, A to Z Rentals is proud to sponsor Elgin youth sports teams and contributes to the Elgin Police Department Neighborhood Night Out, Kane County Fraternal Order of Police, Special Olympics, National Wildlife and Illinois Wildlife on an annual basis; and JUNE 11, 2014 VOLUME LXXIX 222 WHEREAS, In 2014, A to Z Rentals is celebrating its landmark Anniversary of 60 years in business in Elgin. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby invite all citizens to join us in congratulating A to Z Rentals on their landmark 60th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of June, 2014. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Elinor Richoz expressed her thoughts regarding the process for filing the vacant city council seat. Joe Vassallo, thanked the council for their vote in support of the lease for the Elgin Art Showcase and noted its importance to the Elgin art community. BID 14-019 AWARDED TO COPENHAVER CONSTRUCTION FOR THE LORD STREET COMBINED SEWER OVERFLOW PHASE III PROJECT There was discussion of the importance of the efforts to separate the combined sewers and the impact it would have on flooding issues. The council asked for follow up on the impact of this project in future. Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award the contract with Copenhaver Construction in the amount of $24,345 for the Lord Street Combined Sewer Overflow Green Infrastructure Phase III Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 14-022 AWARDED TO GOLD MEDAL CHICAGO AND PERFORMANCE FOOD SERVICE FOR CONCESSIONS FOR THE PARKS AND RECREATION DEPARTMENT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award contracts to Gold Medal Chicago and Performance Food Service for the total amount of $48,000 for the purchase of concession items. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX JUNE 11, 2014 223 PETITION 19-14 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NUMBER G40-06, TO ALLOW FOR THE EXPANSION OF THE STORE BUILDING AND LUMBER YARD; AT THE PROPERTY LOCATED AT 825 SOUTH RANDALL ROAD; BY MENARD, INC., A WISCONSIN CORPORATION, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of Petition 19-14 which expanded the Menards store building and lumber yard. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 19-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 25-14 APPROVED REQUESTING FINAL PLAT APPROVAL OF A SECOND RESUBDIVISION OF LOT 1 OF RANDALL CROSSINGS BUSINESS PARK; PROPERTY KNOWN AS 2700-2712 AND 2750 ALFT LANE; BY BRIDGE DEVELOPMENT PARTNERS LLC AS APPLICANT AND WB 2750 ALFT LLC AS OWNER Marc Mylott, Community Development Director, provided an overview of Petition 25-14. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. Councilmember Powell made a motion, seconded by Councilmember Shaw, to approve Petition 25-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-75 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SNAP CONSULTING AND ASSOCIATES, LLC FOR CONSULTING SERVICES REGARDING THE CITY OF ELGIN'S DIVERSITY PROGRAM There was discussion about the types of changes that would take place, if other projects based on the services would come back to council for approval, the cost of the agreement, and the potential for impact on employee recruitment efforts. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. JUNE 11, 2014 VOLUME LXXIX 224 Resolution No. 14-75 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SNAP CONSULTING AND ASSOCIATES, LLC FOR CONSULTING SERVICES REGARDING THE CITY OF ELGIN’S DIVERSITY PROGRAM 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 an agreement on behalf of the City of Elgin with SNAP Consulting and Associates, LLC for consulting services regarding the City of Elgin’s diversity program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-76 ADOPTED AUTHORIZING EXECUTION OF A DOWNTOWN BUSINESS LOAN INTEREST SUBSIDY PROGRAM AGREEMENT WITH CLASSIC ENTERPRISES, LTD. (64 S. GROVE AVENUE) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX JUNE 11, 2014 225 Resolution No. 14-76 RESOLUTION AUTHORIZING EXECUTION OF A DOWNTOWN BUSINESS LOAN INTEREST SUBSIDY PROGRAM AGREEMENT WITH CLASSIC ENTERPRISES, LTD. (64 S. Grove Avenue) 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 Downtown Business Loan Interest Subsidy Program Agreement on behalf of the City of Elgin with Classic Enterprises, Ltd. for the property located at 64 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-77 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY REGARDING THE I-90 PROJECT AND THE RECONSTRUCTION AND THE REPLACEMENT OF THE FOX RIVER BRIDGE There was discussion regarding the communication efforts to the residents regarding the scope of the project and the pedestrian bridge. Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 11, 2014 VOLUME LXXIX 226 Resolution No. 14-77 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY REGARDING THE I-90 PROJECT AND THE RECONSTRUCTION AND THE REPLACEMENT OF THE FOX RIVER BRIDGE 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 the Illinois State Toll Highway Authority regarding the I-90 Project and the reconstruction and the replacement of the Fox River Bridge, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-78 ADOPTED AUTHORIZING EXECUTION OF FIFTH THIRD BANK'S ACCOUNT RESOLUTIONS CERTIFICATE FOR TREASURY MANAGEMENT SERVICES GOVERNMENT ENTITY Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-78 RESOLUTION AUTHORIZING EXECUTION OF FIFTH THIRD BANK'S ACCOUNT RESOLUTIONS CERTIFICATE FOR TREASURY MANAGEMENT SERVICES GOVERNMENT ENTITY 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 VOLUME LXXIX JUNE 11, 2014 227 and directed to execute Fifth Third Bank's Account Resolutions Certificate for Treasury Management Services Government Entity, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass Ordinance Nos. G30-14 through G32-14 and adopt Resolution Nos. 14-72 through 14-74 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-72 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION- STANDISH/ELM PROJECT Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-72 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION-STANDISH/ELM PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby JUNE 11, 2014 VOLUME LXXIX 228 authorized and directed to execute an Amendment Agreement No. 2 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for construction administration and construction engineering activities in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation-Standish/Elm Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-73 ADOPTED IN LIEU OF BOND FOR WORK PERFORMED BY THE CITY OF ELGIN IN THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S RIGHT-OF-WAY Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-73 RESOLUTION IN LIEU OF BOND FOR WORK PERFORMED BY THE CITY OF ELGIN IN THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S RIGHT-OF-WAY WHEREAS, the City of Elgin, hereinafter referred to as "City", located in the Counties of Cook and Kane, State of Illinois, desires to undertake in the years 2014 and 2015, the location, construction, operation and maintenance of driveways and street returns, watermain, sanitary and storm sewers, street light, traffic signals, sidewalk, landscaping, etc., on State highways, within said City, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as Department, and WHEREAS, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the City or by a private person or firm under contract and supervision of the City. VOLUME LXXIX JUNE 11, 2014 229 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department, and to hold State of Illinois harmless during the prosecution of such work, and assume all liability for damages to person or property due to accidents or otherwise by reason of the work which is to be performed under the provisions of said permit BE IF FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that all authorized officials of the City are hereby instructed and authorized to sign said working permit on behalf of the City. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-74 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH MULTIFILM PACKAGING CORPORATION FOR THE DEVELOPMENT OF 1040 N. MCLEAN BOULEVARD AND 1700 N. MCLEAN BOULEVARD Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-74 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH MULTIFILM PACKAGING CORPORATION FOR THE DEVELOPMENT OF 1040 N. McLEAN BOULEVARD AND 1700 N. McLEAN BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Multifilm JUNE 11, 2014 VOLUME LXXIX 230 Packaging Corporation for the development of 1040 N. McLean Boulevard and 1700 N. McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G30-14 PASSED GRANTING A CONDITIONAL USE TO APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS IN THE GI GENERAL INDUSTRIAL DISTRICT (1370 BOWES ROAD) Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G30-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS IN THE GI GENERAL INDUSTRIAL DISTRICT (1370 Bowes Road) WHEREAS, written application has been made requesting conditional use approval to permit a program for graphics in the GI General Industrial District at 1370 Bowes Road; 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: VOLUME LXXIX JUNE 11, 2014 231 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 5, 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 a program for graphics in the GI General Industrial District at 1370 Bowes Road, and legally described as follows: LOTS 28, 29, 30, 31, 42 AND ALL OF VACATED KELLY CIRCLE OF FOX BLUFF CORPORATE CENTER, BEING A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND ALSO THAT PART OF LOTS 33,32 AND 41 OF SAID SUBDIVISION, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 41; THENCE NORTH 88 DEGREES 17 MINUTES 46 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LOT 41, A DISTANCE OF 116.72 FEET TO A LINE THAT IS 116.72 FEET EAST OF, AS MEASURED AT RIGHT ANGLES, AND PARELLEL WITH THE WEST LINE OF SAID LOTS 41 AND 32; THENCE NORTH 01 DEGREE 42 MINUTES 14 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 735.07 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 33; THENCE SOUTH 39 DEGREES 13 MINUTES 03 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 130.08 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 33; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 32 BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 36.00 FEET, TANGENT TO THE LAST DESCRIBED COURSE, AND ARC DISTANCE OF 29.47 FEET; THENCE SOUTHWESTERLY, ALONG SAID NORTHWESTERLY LINE OF LOT 32 BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET, TANGENT TO THE LAST DESCRIBED CURVE, AN ARC DISTANCE OF 63.57 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 32; THENCE SOUTH 01 DEGREE 42 MINUTES 14 SECONDS EAST, ALONG SAID WEST LINE OF LOTS 32 AND 41, A DISTANCE OF 552.84 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 9.72 ACRES MORE OF LESS. (Property commonly known as 1370 Bowes Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Harting, Inc. of North America dated received February 21, 2014 and revised March 17, 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 proposed Monument Sign Exhibit rendering prepared by Identity Services dated received February 21, 2014 and revised March 14, 2014. 3. Substantial conformance to Construction Details Exhibit for proposed monument signs, prepared by Identity Services dated received February 21, 2014 and revised March 14, 2014. JUNE 11, 2014 VOLUME LXXIX 232 4. Substantial conformance to proposed Monument Sign 1, 2 and 3 Exhibit with dimensions, prepared by Identity Services dated received February 21, 2014 and revised March 14, 2014. 5. Substantial conformance to aerial photograph with landscape plan for proposed monument signs, prepared by Identity Services dated received February 21, 2014 and revised March 14, 2014. 6. 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: June 11, 2014 Passed: June 11, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 11, 2014 Published: June 12, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G31-14 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF AN OUTDOOR EATING AND DRINKING PLACE IN THE ORI OFFICE RESEARCH INDUSTRIAL DISTRICT (2290 POINT BOULEVARD- JIMMY'S CHARHOUSE) Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX JUNE 11, 2014 233 Ordinance No. G31-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF AN OUTDOOR EATING AND DRINKING PLACE IN THE ORI OFFICE RESEARCH INDUSTRIAL DISTRICT (2290 Point Boulevard – Jimmy’s Charhouse) WHEREAS, written application has been made requesting conditional use approval to permit an outdoor eating and drinking place in the ORI Office Research Industrial District at 2290 Point Boulevard; 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 5. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 5, 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 6. That a conditional use to permit an outdoor eating and drinking place in the ORI Office Research Industrial District at 2290 Point Boulevard, and legally described as follows: Lot 7 Of Randall Point Executive Center Subdivision, Being A Subdivision Of Part Of The Southwest Quarter Of Section 29 And Part Of The Northwest Quarter Of Section 32, Township 42 North, Range 8 East Of Third Principal Meridian, Recorded As Document Number 98k034512, In Kane County, Illinois, Except That Part Described As Follows. Beginning At The Northeast Corner Of Said Lot 7; Thence South 00 Degrees 56 Minutes 06 Seconds West Along The East Line Of Said Lot 7, A Distance Of 494.93 Feet To The Southeast Corner Of Said Lot 7, Thence North 59 Degrees 05 Minutes 22 Seconds West Along The Southwesterly Line Of Said Lot 7, A Distance Of 14.45 Feet To An Angle Point In Said Southwesterly Line; Thence North 36 Degrees 25 Minutes 23 Seconds West Along Said Southwesterly Line, 181.76 Feet; Thence North 56 Degrees 57 Minutes 25 Seconds East, 29.00 Feet; Thence South 89 Degrees 03 Minutes 54 Seconds East, 79.16 Feet To A Line That Is Parallel With And 19.60 Feet Westerly Of, As Measured At Right Angles To The East Line Of Said Lot 7; Thence North 00 Degrees 56 Minutes 06 Seconds East Along Said Parallel Line, At Right Angles To The Last Described Course, 326.96 Feet To The North Line Of Said Lot 7;Thence South 89 Degrees 17 Minutes 06 Seconds East Along Said North Line To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois. (Property commonly known as 2290 Point Boulevard). be and is hereby granted subject to the following conditions: JUNE 11, 2014 VOLUME LXXIX 234 1. Substantial conformance to the Application and Attachments prepared and submitted by Patrick Marzullo, Owners Agent and Architect, dated received March 21, 2014, with a Statement of Purpose and Conformance dated April 16, 2014. In the event of any conflict between such documents and the terms and provisions of this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to exhibits for Jimmy’s Charhouse, Sheets A.1–A.4 prepared by Pat Marzullo, Architect including the following: a. Floor Plan – New Outdoor Café - dated Received May 22, 2014 b. South Elevation @ New Outdoor Café - dated Received May 22, 2014 c. Partial Site Plan - dated Received March 21, 2014 d. Site Plan – Jimmy’s Charhouse - dated Received March 21, 2014 3. The proposed outdoor eating and drinking facility will be restricted to the south of the existing restaurant building known as “Jimmy’s Charhouse located at 2290 Point Boulevard. 4. The use of “Sound Amplification Devices” must conform to the requirements of Chapter 10.30 “Noise” of the Elgin Municipal Code. The employment of “live” music shall not be permitted within the outdoor eating and drinking facility. 5. 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 Presented: June 11, 2014 Passed: June 11, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 11, 2014 Published: June 12, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX JUNE 11, 2014 235 ORDINANCE G32-14 PASSED GRANTING A CONDITIONAL USE FOR A CHILD DAYCARE SERVICES FACILITY IN THE AB AREA BUSINESS DISTRICT (1590 WEATHERSTONE LANE, UNIT 8) Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G32-14 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAYCARE SERVICES FACILITY IN THE AB AREA BUSINESS DISTRICT (1590 Weatherstone Lane, Unit 8) WHEREAS, written application has been made requesting conditional use approval for a child daycare services facility 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 9. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 5, 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 10. That a conditional use to permit the establishment of a child daycare services facility in the AB Area Business District at 1590 Weatherstone Lane, Unit 8, and legally described as follows: Unit No. 8 in the Northwest Professional Building Condominium as delineated on a Plat of Survey of the following described Real Estate: Lots 4 and 6 of Martin’s Boulevard Commercial Park, in the City of Elgin, Kane County, Illinois, which Plat of Survey is attached as Exhibit “A” to the Declaration of Condominium recorded as Document No. 1951434 together with its undivided percentage interest in the common elements (Property commonly known as 1590 Weatherstone Lane, Unit 8). be and is hereby granted subject to the following conditions: 6. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Anita Scott, Owner and President, Bright Stars Academy, Inc., LLC, dated received April 10, 2014. In the event of any conflict between such JUNE 11, 2014 VOLUME LXXIX 236 documents and the terms and provisions of this ordinance or any other applicable ordinance, the terms and provisions of this ordinance or other applicable ordinances shall supersede and control. 7. Substantial conformance to Site Plan (Exhibit A), Floor Plan (Exhibit B), Interior Lighting Plan (Exhibit C), submitted by Anita Scott, Owner and President, Bright Stars Academy, Inc., LLC, dated received April 10, 2014. 8. The child daycare services facility will be restricted to Unit 8, within the Northwest Professional Building, located 1590 Weatherstone Lane. 9. There shall be no cooking and or food preparations done at the daycare services facility. Students will be provided with a pre-packaged afternoon snack. 10. Compliance with all applicable codes and ordinances. Section 11. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 12. 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: June 11, 2014 Passed: June 11, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 11, 2014 Published: June 12, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw commented on the Human Relations Commission minutes noting their discussion on diversity goals and the data from the electricity tax revenue report. VOLUME LXXIX JUNE 11, 2014 237 Councilmember Dunne made a motion, seconded by Councilmember Powell, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee May 6, 2014 Human Relations Commission May 6, 2014 Parks and Recreation Advisory Board April 29, 214 Committee of the Whole Minutes May 14, 2014 City Council Minutes May 14, 2014 Electricity Tax Revenue Natural Gas Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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, Martinez, 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 The meeting adjourned at 8:09 p.m. s/ Kimberly Dewis June 25, 2014 Kimberly Dewis, City Clerk Date Approved