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SEPTEMBER 10, 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 September 10,
2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m.
The Invocation was given by Pastor Gabriel Barden from the Seventh Day Adventist Church and
the Pledge of Allegiance was led by the First Responders.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE AUGUST 27, 2014, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the
August 27, 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
Hispanic Heritage Month Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, the City of Elgin is home to many whose ancestry represents various
nations from around the world, including the Spanish-speaking nations of Central America,
South America, the Caribbean, Mexico, and Spain; and
WHEREAS, the period of September 15 through October 15 has been proclaimed
National Hispanic Heritage Month; and
WHEREAS, Mexico, Chile, and five Latin American countries celebrate their
independence days in September; and
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343
WHEREAS, various members of the Hispanic community have contributed to our
prosperity and introduced a richness of culture, and have had a significant effect on the overall
history of our city; and
WHEREAS, Hispanics of Mexican, Puerto Rican, Cuban, Central and South American
descent comprise the largest ethnic minority in Kane County and the City of Elgin.
NOW, THEREFORE, in recognition of the significance of the events and all those
succeeding events that have shaped the course of the United States’, Latin America’s, the Greater
Antilles’, and Elgin’s mutual histories, I, David Kaptain, Mayor of the great City of Elgin,
hereby salute Centro de Informacion, Club Guadalupano, Elgin Community College’s Latino
Heritage Month Committee, Elgin Community College’s Organization of Latin American
Students (OLAS), the Elgin Hispanic Network, the Hispanic Heritage Coalition, League of
United Latin American Citizens (LULAC), Organizacion de Mexicanos de Elgin, Puerto Rican
Heritage Organization, and Somos Colombia for their civic efforts on behalf of Hispanic-
Americans, and endorse the events and celebration of Hispanic Heritage Month as an important
cultural celebration, and do hereby proclaim September 15 through October 15, 2014, as
HISPANIC HERITAGE MONTH in Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th Day of September,
2014.
David J. Kaptain
Mayor
People’s Climate March Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Global Climate Change represents a profound threat to all of us, especially
our children and grandchildren; and
WHEREAS, We encourage government bodies at the federal and state level to take the
necessary actions to stop or even slow greenhouse gas emissions; and
WHEREAS, Citizens themselves are now stepping up to demand that government take
action against climate change at the People’s Climate March in New York City on September
21st. Throughout the country, local groups of citizens who cannot travel to New York City are
holding their own People’s Climate events on September 21st in conjunction with the New York
City observances; and
WHEREAS, Fox Valley Citizens for Peace & Justice, along with several other Elgin
based groups are planning an Elgin People’s Climate March for that day.
SEPTEMBER 10, 2014 VOLUME LXXIX
344
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
express support for the People’s Climate March of Elgin on Sunday, September 21st.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th Day of September,
2014.
David J. Kaptain
Mayor
Elgin Fire Department Citizen Life Saving Awards
Chief Fahy presented the Fire Chief’s Appreciation Award to Mary Camacho and the following
citizens with the department’s Life Saving Awards: Jan Walters, Ally Tescher, Lizette Anguiano,
Teresa Martinez, Laurie Williams, and Christine Sala.
RECOGNIZE PERSONS PRESENT
Alex Thiersch thanked the city council for their consideration of his proposed project. He
understands it a difficult issue and provided an update on the application process.
Larry Brandes express his concerns about a recently installed parking lot in the Bowes Creek
subdivision.
Bill McMahon addressed the city council regarding a recently installed parking lot in the Bowes
Creek subdivision.
Linda Henderson commented on the response she received after stating her concerns at the last
city council meeting regarding the parking lot installed in the Bowes Creek subdivision.
Lisa Hopp stated her concerns regarding the proposed resolution in support of having a charter
school in Elgin’s U46 School District.
BID 14-035 AWARDED TO CUSTOM BUILT COMMERCIAL FENCE
CORPORATION FOR BLUFF CITY CEMETERY IMPROVEMENTS
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract
to Custom Built Commercial Fence Corporation in the amount of $46,319 for fencing
replacement at Bluff City Cemetery. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
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APPROVED A JOB ORDER CONTRACTING BID TO F.H. PASCHEN FOR ROOF
REPLACEMENTS ON VARIOUS CITY FACILITIES
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve a
contract with F.H. Paschen in the amount of $184,979 for the replacement of roofs on various
City facilities. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 14-124 ADOPTED AUTHORIZING EXECUTION OF A COMMERCIAL
PROPERTY LEASE AGREEMENT WITH 164 DIVISION, LLC FOR THE ELGIN ART
SHOWCASE (164 DIVISION STREET)
There was discussion regarding the outstanding code issues and what measures were being taken
to rectify the situation.
Councilmember Dunne made a motion, seconded by Councilmember Shaw, to amend the
proposed agreement to reflect a one year lease term. Upon a roll call vote: Yeas:
Councilmembers Dunne. Nays: Councilmembers Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Motion failed.
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
Resolution No. 14-124
RESOLUTION
AUTHORIZING EXECUTION OF A COMMERCIAL PROPERTY LEASE AGREEMENT
WITH 164 DIVISION, LLC FOR THE ELGIN ART SHOWCASE
(164 Division Street)
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
respectively authorized and directed to execute a Commercial Property Lease Agreement with
164 Division, LLC for the Elgin Art Showcase for the premises commonly known as 164
Division Street, Suite 801-803, Elgin, Illinois, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
SEPTEMBER 10, 2014 VOLUME LXXIX
346
Presented: September 10, 2014
Adopted: September 10, 2014
Vote: Yeas: 8 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REMAND PETITION 34-14 REQUESTING CONDITIONAL USE TO ESTABLISH A
MEDICAL CANNABIS DISPENSING ORGANIZATION; PROPERTY LOCATED AT
1330 CRISPIN DRIVE; SALVEO HEALTH & WELLNESS, LTD AS APPLICANT, AND
GARDEN 6 JOINT VENTURE LGP AS OWNER TO THE PLANNING AND ZONING
COMMISSION
Councilmember Powell made a motion, seconded by Councilmember Martinez, to reconsider the
vote to remand Petition 34-14 requesting Conditional Use to establish a Medical Cannabis
Dispensing Organization; property located at 1330 Crispin Drive; Salveo Health & Wellness, Ltd
as applicant, and Garden 6 Joint Venture LGP as owner to the Planning and Zoning Commission.
Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Shaw, and Mayor
Kaptain. Nays: Councilmembers Gavin, Prigge, Rauschenberger, and Steffen.
There was a discussion of the implications of remanding the petition to the Planning and Zoning
Commission
Councilmember Powell made a motion, seconded by Councilmember Shaw, to remand Petition
34-14 requesting Conditional Use to establish a Medical Cannabis Dispensing Organization;
property located at 1330 Crispin Drive; Salveo Health & Wellness, Ltd as applicant, and Garden
6 Joint Venture LGP as owner to the Planning and Zoning Commission. Upon a roll call vote:
Yeas: Councilmembers Dunne, Martinez, Powell, Shaw, and Mayor Kaptain. Nays:
Councilmembers Gavin, Prigge, Rauschenberger, and Steffen.
CONSENT AGENDA
By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember
Powell, to pass Ordinance Nos. G47-14 through G49-14 and adopt Resolution Nos. 122-14 and
123-14 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell,
Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXIX SEPTEMBER 10, 2014
347
RESOLUTION 14-122 ADOPTED AUTHORIZING EXECUTION OF A SECOND
AMENDMENT TO ANNEXATION AGREEMENT WITH ABCP INVESTMENTS, LLC
(LOT 6 AND LOT 7-CAPITAL CORPORATE CENTER-1755 AND 1775 CAPITAL
STREET)
Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 14-122
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH ABCP INVESTMENTS, LLC.
(Lot 6 and Lot 7-Capital Corporate Center - 1755 and 1775 Capital Street)
WHEREAS, the Owner of certain property commonly known as Lot 6 and Lot 7 of
Capital Corporate Center, or by their street address at 1755 and 1775 Capital Street, 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 ABCP
Investments, 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 Second
Amendment to Annexation Agreement with ABCP Investments, LLC, a copy of which is
attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 10, 2014
Adopted: September 10, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SEPTEMBER 10, 2014 VOLUME LXXIX
348
ORDINANCE G47-14 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED “ZONING”
Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G47-14
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED, “ZONING”
WHEREAS, written application has been made to amend the Elgin zoning ordinance to
amend the areas of special character to provide for special street graphics not otherwise allowed
by the zoning ordinance; and
WHEREAS, the Planning and Zoning Commission held a public hearing concerning the
proposed amendments after due notice in manner provided by law; and
WHEREAS, the Planning and Zoning Commission has forwarded the proposed
amendments to the City Council with a recommendation for approval; and
WHEREAS, the Community Development Department recommends the requested
amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 19.50.105 of the Elgin Municipal Code, 1976, as amended,
entitled “Areas of Special Character”, Subsection A.2 entitled “Randall Road/I-90 area”, be and
is hereby further amended by adding the following additional subparagraph g thereto to read as
follows:
“g. The property commonly known as Capital Corporate Center, such property being
legally described as follows:
Lots 1 through 8, inclusive, in Capital Corporate Center, being a subdivision of
that part of the northeast quarter of Section 31, Township 42 North, Range 8 East
of the Third Principal Meridian, according to the Plat thereof recorded August 1,
2007 as document number 2007K080199 and certificate of correction recorded
August 22, 2007 as document 2007K087599, in the city of Elgin, Kane County,
Illinois.”
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Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 10, 2014
Passed: September 10, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 10, 2014
Published: September 12, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G48-14 PASSED ESTABLISHING SPECIAL REGULATIONS FOR
STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF
SPECIAL CHARACTER (LOT 6 AND LOT 7-CAPITAL CORPORATE CENTER)
Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G48-14
AN ORDINANCE
ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS
WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER
(Lot 6 and Lot 7-Capital Corporate Center)
WHEREAS, written application has been made to add the property commonly known as
Capital Corporate Center into the Randall Road/I-90 of special character; and
WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides
that the City Council may designate specific locations within the city as Areas of Special
Character in order to provide appropriate flexibility in the regulation of street graphics through
the adoption of special regulation for these areas that can vary from the regulations contained
within the City's Street Graphics Ordinance; and
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WHEREAS, the City Council, in its Ordinance No. G47-14, has designated the property
commonly referred to as Capital Corporate Center, and further described in Section 1 of said
ordinance as part of the Randall Road/I 90 Area of Special Character (the “Randall Road/I 90
Area of Special Character”) pursuant to Section 19.50.105; and
WHEREAS, written application has been made to adopt special regulations for street
graphics on the property commonly referred to as Capital Corporate Center, those regulations
being further described in Section 1 of this ordinance as part of the Randall Road/I 90Area of
Special Character; and
WHEREAS, the Planning & Zoning Commission held a public hearing concerning
adding the property at Capital Corporate Center into the Randall Road/I-90 Area of Special
Character and concerning the proposed special regulations and has submitted its written findings
and recommendation that the subject property be added to the Randall Road/I-90 Area of Special
Character and that the special regulations for street graphics be granted; and
WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area
of Special Character has unique characteristics including the area's location, topography and
being adjacent to U.S. Interstate 90; and
WHEREAS, the City Council further finds that the location and use of the subject
property as a commercial and industrial subdivision, presents specified unique challenges and
demands such that the City's street graphic ordinance cannot adequately regulate street graphics
for such use in such area; and
WHEREAS, the proposed special regulations for the subject property are consistent with
the unique character and unique use of the Randall Road/I 90 Area of Special Character and
departures from the street graphics ordinance as contained within such proposed special
regulations are limited to address the unique and particular area characteristics and use
characteristics of the subject property’s portion of the Randall Road/I 90 Area of Special
Character.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. The following Special Regulations for Street Graphics for the Capital
Corporate Center portion of the Randall Road/I 90 Area of Special Character, such property
being legally described in the Ordinance Amending Chapter 19.50 of the Elgin Municipal Code,
1976, as Amended, entitled "Street Graphics," Regarding the Randall Road/I-90 Area of Special
Character (Capital Corporate Center), Ordinance No. G47-14 (the "Subject Property"), be and
are hereby granted and approved pursuant and subject to the following terms and conditions:
1. Compliance with the graphics exhibit entitled “ABCP Investments c/o Peter
Bazos” prepared by Parvin-Clauss Sign Company, dated June 24, 2014, attached hereto
as Exhibit 1 (such plan is hereinafter referred to as the “Subject Special Sign District
Plan”). Pursuant to the Subject Special Sign District Plan, one double-faced light
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351
emitting diode (LED) electronic changeable copy graphic (the “Special Sign”) and
depicted as Option B of Exhibit 1, shall be permitted on the Subject Property in the
location as set forth in paragraph 3 below. Notwithstanding the foregoing, the graphic
that is ultimately installed may, at the request of the applicant, depart from the Special
Graphics Regulations of the Planned Development in the following respects: (i) it may be
less than 20 feet in height; (ii) it may be less than 10 feet in width; (iii) it may be of a
color other than white; and (iv) it may have such overall design / style attributes as
approved by the development administrator.
2. At the election of its owner, the light emitting diode (LED) electronic display
panel on the sign may initially be constructed and/or from time-to-time replaced with
static (no-LED) sign faces containing the names, logos and messages of tenants within
Capital Corporate Center subdivision and with a maximum surface area not to exceed
200 square feet and 20 feet in height.
3. The Special Sign shall be installed only at a location within the strip of land of the
Subject Property depicted on Exhibit 1 attached hereto. The Special Sign may be
constructed on a berm which is not higher than thirty-six inches above the surrounding
average grade and landscaped in an area equal to no less than 2.5 times the surface area
of the graphic.
4. The graphic shall be oriented in such a manner as to create minimum negative
impact to the greatest extent possible on residential property in the vicinity.
5. The light emitting diode (LED) electronic display panel included as part of the
sign shall also comply with the following additional standards:
a. All images, displays or messages of any type or nature (hereinafter
collectively “Image” or “Images”) shall be static without any type of
movement or motion whether the Images are in the form of animation,
video, text or otherwise. No continuous traveling, scrolling, flashing,
spinning, revolving or shaking, or any other type of movement or motion
of an Image shall be allowed.
b. The rate of change for any Image shall be for a minimum period of ten
(10) seconds, i.e., each Image displayed shall be displayed for a minimum
period of ten (10) seconds.
c. Any Image or message change sequence shall be accomplished
immediately with no transition by changing from one screen to another or
by means of fade or dissolve mode.
d. The intensity or maximum brightness of the light emitting diode (LED)
electronic display panel shall not exceed five thousand (5,000) nits when
measured from the sign’s face at its maximum brightness, during daylight
hours, and five hundred (500) nits when measured from the sign’s face at
SEPTEMBER 10, 2014 VOLUME LXXIX
352
its maximum brightness between dusk and dawn, i.e. the time of day
between sunrise and sunset. The light emitting diode (LED) electronic
display panel shall include an ambient light meter at a programmable or
manual dimming capacity.
e. The square footage of the light emitting diode (LED) electronic message
center shall not exceed 90 square feet or 45% of the overall surface area of
the graphic, whichever is less. An LED electronic display panel shall be
permitted to be installed on both sides of the graphic.
f. The light emitting diode (LED) electronic changeable copy graphic, as
well as all other street graphics within the Subject Property shall not be
operated, in whole or in part, as an Off Premises Street Graphic.
g. The light emitting diode (LED) electronic display panel shall display
Images limited solely and only to displaying in text the names, logos and
messages of the companies, one at a time, then currently owning or
occupying the Subject Property as a bona fide full time and year round
owner or tenant on the Subject Property.
h. In the event of any conflict between the standards for the light emitting
diode (LED) electronic display panel as provided for in this Subsection 5
and the provisions within the Subject Special Sign District Plan, the
provisions of this Subsection 5 shall supersede and control.
6. The owner shall be permitted to obtain any required building and zoning permits
to modify the following attributes of the graphic without requiring further amendment to
the annexation agreement or amendment to this ordinance:
a) Re-location of the graphic within the area specified on Exhibit 1 attached
hereto.
b) Position and dimensions of the electronic display panel within the overall
graphic as long as the surface area of such panel does not exceed 90
square feet or 45% of the overall surface area of the graphic.
7. In the event of any conflict between the special regulations for the Subject
Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal
Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special
regulations for the Subject Property as contained herein shall supersede and control.
8. With the sole exception of the Special Sign (i.e., the light emitting diode (LED)
electronic changeable copy graphic described in paragraph 1 or the non-electronic
graphic described in Paragraph 2 of this section as authorized in this ordinance), all other
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353
street graphics on the Subject Property shall comply with the provisions of Chapter 19.50
of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”.
Section 2. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 10, 2014
Passed: September 10, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 10, 2014
Published: September 12, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G49-14 PASSED GRANTING A CONDITIONAL USE APPROVAL TO
PERMIT THE ESTABLISHMENT OF A PHYSICAL FITNESS FACILITY IN THE AB
AREA BUSINESS DISTRICT (40 TYLER CREEK PLAZA)
Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G49-14
AN ORDINANCE
GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF
A PHYSCIAL FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT
(40 Tyler Creek Plaza)
WHEREAS, written application has been made requesting conditional use approval to
permit the establishment of a physical fitness facility in the AB Area Business District at 40
Tyler Creek Plaza; 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.
SEPTEMBER 10, 2014 VOLUME LXXIX
354
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated August 4, 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 the establishment of a physical fitness
facility in the AB Area Business District at 40 Tyler Creek Plaza, and legally described as
follows:
PARCEL ONE:
Lots 3, 4, 5 and 6 in Tyler Creek Plaza Subdivision, bring a subdivision of part of the Eat
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 the
described in Declaration Document 1650587 as amended from time to time on and over
Lots 1 and 2 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 Timber Road: thence Northerly along the center
line of North McLean Boulevard 882.12 feet from the place of beginning: thence
Easterly and parallel 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 center line 395.05
feet to the place of beginning, ( except part in McLean Boulevard), in the City of Elgin,
Kane County, Illinois. (Property commonly known as 40 Tyler Creek Plaza).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Application and Statement of Purpose and
Conformance, submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC
as owner, dated received June 18, 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 “Existing Floor Plan” exhibit submitted by Kim
Stover as applicant and BMO Reo-Il Retail LLC as owner dated received June 18,
2014.
VOLUME LXXIX SEPTEMBER 10, 2014
355
3. Substantial conformance to “Plat of Survey” submitted by Kim Stover as
applicant and BMO Reo-Il Retail LLC as owner dated received June 18, 2014.
4. The physical fitness facility will be restricted to 40 Tyler Creek Plaza located
within the Tyler Creek Shopping Plaza.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
6. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 10, 2014
Passed: September 10, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 10, 2014
Published: September 12, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 14-123 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
CONTRACT FOR THE PURCHASE OF 980 LAVOIE AVENUE
Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
SEPTEMBER 10, 2014 VOLUME LXXIX
356
Resolution No. 14-123
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT
FOR THE PURCHASE OF 980 LAVOIE AVENUE
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 a real
estate contract on behalf of the City of Elgin with Mary Miller for the purchase of the property
commonly known as 980 Lavoie Avenue for $50,000, a copy of which is attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 10, 2014
Adopted: September 10, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Dunne 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, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Bicycle & Pedestrian Advisory Committee August 5, 2014
Hemmens Cultural Center Advisory Task Force August 5, 2014
Heritage Commission August 5, 2014
Planning and Zoning Commission July 7, 2014
Strategic Plan Commission June 24, 2014
Committee of the Whole Minutes August 13, 2014
City Council Minutes August 13, 2014
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
VOLUME LXXIX SEPTEMBER 10, 2014
357
ADJOURNMENT
Councilmember Powell 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, 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
Selection of a Person to Fill a Public 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
The meeting adjourned at 8:35p.m.
s/ Kimberly Dewis September 24, 2014
Kimberly Dewis, City Clerk Date Approved