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VOLUME LXXXIV JANUARY 23, 2019 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on January 23, 2019,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by Reverend Abi Raices from New Life Covenant Church and the Pledge
of Allegiance was led by Councilmember Tish Powell.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE JANUARY 9, 2019, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve the January 9, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain.
Nays: None. Councilmember Steffen abstained.
COMMUNICATIONS
Black History Family Festival Day Proclamation
Mayor Kaptain read the following proclamation: WHEREAS, the Mission of the Black History Family Festival is to use education and
all aspects of cultural arts to creatively promote literacy while celebrating the diversity and rich
history specific to the local and global African American experience; in an effort to empower individuals, strengthen families, and unite the greater community; and
WHEREAS, the Vision of the Black History Family Festival is to promote literacy and
unite the Elgin area in celebration of the African American experience; and
WHEREAS, through a variety of instructive, entertaining and interactive activities, the
Black History Family Festival endeavors to “strike a chord” within each individual that
encourages and facilitates the desire to learn; and
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WHEREAS, the Festival promotes a community where learning is embraced for a
lifetime; literacy becomes part of the collective culture; and where celebrating ethnic differences
strengthens the resolve to strive for the greatness that resides within each of us; and
WHEREAS, the Black History Family Festival will celebrate its 14th Anniversary on
February 2, 2019; and
WHEREAS, The Black History Family Festival in partnership with the City of Elgin, Elgin Community College, Gail Borden Public Library, School District U-46 and the Elgin
History Museum will present “Young, Bright & Brilliant” at the Gail Borden Library from 1
p.m.–5 p.m. on Saturday, February 2, 2019.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim that henceforth, the first Saturday in February be recognized as Black History Family
Festival Day in the City of Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2019.
s/David J. Kaptain
Mayor
Elgin High School 150th Anniversary Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, Elgin High School is one of the oldest high schools in the State of Illinois and is a beloved educational institution which has moved continually toward its aspiration to be a
place of “Education for All”; and
WHEREAS, Founded in 1869, the school’s founder, Charles F. Kimball, insisted that “No other public interest, whether it be the paving of streets, the building of a bridge, the laying of a system of sewerage. . . is of so great importance to this community as the schools of the
city”; and
WHEREAS, The first class contained 12 students and the present freshman class comprises 817 students with the course of study adapting to changing times from classical to commercial, to comprehensive/college preparatory to career path; and
WHEREAS, Elgin High School has occupied four locations with the school residing on
Maroon Drive since 1972 and a move to change the school name in the 1960’s was met with firm resolve on the part of the community to remain the Elgin High School Maroons; and
WHEREAS, The more than 43,000 graduates have made contributions in Elgin and
beyond as good neighbors, citizens, scientists, artists, physicians, musicians, athletes, factory
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workers, entrepreneurs, lawyers, engineers, activists, soldiers, leaders, clerks, inventors, writers,
laborers, first responders, philanthropists, builders and teachers. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
recognize, honor, and commend Elgin High School on the milestone occasion of its 150th
Anniversary and heartily encourage the attendance of all able alumni to the “All Class Reunion”
on April 13, 2019.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January 2019.
s/David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Earl Silbar stated his opinion regarding the Decynthia Clements shooting and the status of Lieutenant Jensen.
Nate Edmonds, African American Christian Minister’s Alliance, read a statement regarding the
group’s opposition to reinstating Lieutenant Jensen.
Sue Webb, representing the South West Area Neighborhood (SWAN), thanked the city for their
efforts to correct infrastructure issues in the neighborhood.
Demetrius Smith outlined his involvement in the community and his support of Decynthia
Clements.
BID 19-003 AWARDED TO ERA VALDIVIA CONTRACTORS, INC., FOR ALFT LANE
WATER TOWER RECONDITIONING PROJECT
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a contract to Era Valdivia Contractors, Inc., in the amount of $893,750 for the Alft Lane Water
Tower Reconditioning Project. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
CONSENT AGENDA
By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember
Dixon, to pass Ordinance Nos. G2-19, G3-19 and adopt Resolution Nos. 19-7 through 19-12 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JANUARY 23, 2019 VOLUME LXXXIV
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RESOLUTION 19-7 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ENGINEERING RESOURCE ASSOCIATES, INC. FOR PROFESSIONAL
SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-7 RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCE
ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL
ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS
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 Richard G. Kozal, 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
Engineering Resource Associates, Inc., for professional services in connection with the review of
Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or
structural submittals, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2019
Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV JANUARY 23, 2019
17
RESOLUTION 19-8 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT
AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2018 RESIDENTIAL RESURFACING (EAST) PROGRAM
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-8
RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH
ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL
ENGINEERING SERVICES IN CONNECTION WITH THE 2018 RESIDENTIAL
RESURFACING (EAST) 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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Amendment Agreement No. 2 on behalf of the City
of Elgin with Engineering Enterprises, Inc. for supplemental professional engineering services in
connection with the 2018 residential resurfacing (East) program, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2019 Adopted: January 23, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JANUARY 23, 2019 VOLUME LXXXIV
18
RESOLUTION 19-9 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 3 WITH BAXTER & WOODMAN, INC. FOR ENGINEERING,
PERMIT COMPLIANCE AND FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2014-2018
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-9
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3
WITH BAXTER & WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND
FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM
WATER PERMIT COMPLIANCE PROJECT 2014-2018
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 3 on behalf of the City of Elgin
with Baxter & Woodman, Inc. for engineering, permit compliance and field inspection services in
connection with the NPDES Phase II Storm Water Permit Compliance Project 2014-2018, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2019 Adopted: January 23, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV JANUARY 23, 2019
19
RESOLUTION 19-10 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 4 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION, FIELD ENGINEERING AND FIELD INSPECTION ACTIVITIES FOR JANUARY 2019 TO DECEMBER 2019 IN CONNECTION WITH THE 2014 COMBINED SEWER
OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
PERMIT COMPLIANCE PROJECT
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-10
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 4 WITH R.K.
JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION, FIELD ENGINEERING AND FIELD INSPECTION ACTIVITIES FOR
JANUARY 2019 TO DECEMBER 2019 IN CONNECTION WITH THE 2014 COMBINED
SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
PERMIT COMPLIANCE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 4 on behalf of the City of Elgin
with R.K. Johnson & Associates, Inc. for engineering, permit compliance, report preparation, field
engineering and field inspection activities for January 2019 to December 2019 in connection with the 2014 Combined Sewer Overflow National Pollution Discharge Elimination System Permit
Compliance Project, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2019
Adopted: January 23, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JANUARY 23, 2019 VOLUME LXXXIV
20
RESOLUTION 19-11 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 5 WITH BURNS & MCDONNELL ENGINEERING COMPANY,
INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES – PHASE III ENGINEERING SERVICES FOR LORD STREET BASIN COMBINED SEWER SEPARATION – PHASE V IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION –
STANDISH/ELM PROJECT
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-11 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 5 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
CONSTRUCTION ENGINEERING ACTIVITIES – PHASE III ENGINEERING SERVICES
FOR LORD STREET BASIN COMBINED SEWER SEPARATION – PHASE V 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 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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute Amendment Agreement No. 5 on behalf of the City of
Elgin with Burns & McDonnell Engineering Company, Inc. for construction engineering activities – Phase III engineering services for Lord Street basin combined sewer separation – Phase V 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: January 23, 2019 Adopted: January 23, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV JANUARY 23, 2019
21
RESOLUTION 19-12 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-12
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Rosamaria D. Martinez, Carol Rauschenberger, Barbara Keselica and Elizabeth Marston are
hereby appointed as members of the Elgin Area Convention and Visitor's Bureau, for terms that
will expire on December 31, 2020.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G2-19 PASSED RECLASSIFYING TERRITORY IN THE CI
COMMERCIAL INDUSTRIAL DISTRICT TO MFR MULTIPLE FAMILY
RESIDENCE DISTRICT (848-850 VILLA STREET)
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JANUARY 23, 2019 VOLUME LXXXIV
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Ordinance No. G2-19
AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO
MFR MULTIPLE FAMILY RESIDENCE DISTRICT
(848-850 Villa Street)
WHEREAS, written application has been made to reclassify certain properties located at 848 Villa Street and 850 Villa Street from CI Commercial Industrial District to MFR Multiple
Family Residence District; and
WHEREAS, the zoning lots with the buildings containing the premises at 848 Villa Street
and 850 Villa Street are legally described herein (the “Subject Properties”); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on December 3, 2018 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a map
amendment from CI Commercial Industrial District to MFR Multiple Family Residence District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated December 3, 2018, and the recommendations made by the Community Development
Department and 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official
Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further
amended by adding thereto the following paragraph:
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The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the MFR Multiple Family Residence District the following described properties:
LOTS 6 AND 7 IN BLOCK 4 IN LYNNDALE PARK ADDITION TO HANOVER, OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS
DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS.
(commonly known as 848 Villa Street), and LOTS 16, 17 AND 18 IN BLOCK 1 IN LYNNDALE PARK ADDITION TO HANOVER,
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
19, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS.
(commonly known as 850 Villa Street).
Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2019 Passed: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0
Recorded: January 23, 2019
Published: January 25, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JANUARY 23, 2019 VOLUME LXXXIV
24
ORDINANCE G3-19 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED
DEVELOPMENT TO ESTABLISH A MOBILE HOME COMMUNITY EVENT SPACE
INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE MFR MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (848 VILLA STREET)
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G3-19
AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO ESTABLISH
A MOBILE HOME COMMUNITY EVENT SPACE INVOLVING VARIOUS ASSEMBLIES
OF PEOPLE IN THE MFR MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(848 Villa Street)
WHEREAS, written application has been made requesting conditional use approval for a
planned development to establish a mobile home community event space involving various
assemblies of people at 848 Villa Street; and
WHEREAS, the zoning lot with the building containing the premises at 848 Villa Street is
legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the MFR Multiple Family Residence
District and ARC Arterial Road Corridor Overlay District, and a community event space for activities pertaining to assembly of people is listed as a conditional use within the MFR Multiple
Family Residence District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on December 3, 2018 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to conditions; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
VOLUME LXXXIV JANUARY 23, 2019
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WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the MFR Multiple Family Residence District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 3, 2018, and the recommendations made by the Community Development
Department and 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 a conditional use for a mobile home community event space involving various assemblies of people is hereby granted for the property commonly known as 848 Villa
Street, and commonly identified by Cook County Property Index Numbers 06-19-104-017-0000
and 06-19-104-018-0000, and legally described as follows:
LOTS 6 AND 7 IN BLOCK 4 IN LYNNDALE PARK ADDITION TO HANOVER, OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS
DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS. (commonly known as 848 Villa Street). Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Demeke Berhanu-Haile, as applicant, and Whispering Sands II, LLC, as property owner, received September 18, 2018, and supporting documents including:
a. Letter regarding “Annexation-zoning application for Club House for Residents of
the trailer homes community”, prepared by Demeke Berhanu-Haile, dated September 7, 2018; b. Plat of Survey, prepared by Engineering Resources Associates, dated September 7,
2018;
c. Landscape Plan and Details, Sheet L1.0, prepared by DBH & Associates, Architects
Inc., dated May 25, 2018, last revised January 06, 2019; d. Landscape Plan and Details, Sheet L1-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018;
e. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects
Inc., dated May 25, 2018, last revised October 19, 2018;
f. Site Photometric Plan, Sheet PH0.1, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018; g. First & Mezzanine Floors – Demolition Plans, Sheet D-1, prepared by DBH &
Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018;
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h. First & Mezzanine Floor Plans, Sheet A2-0, prepared by DBH & Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 2018;
i. Elevations & Sections, Sheet A2-1, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018;
j. Existing Conditions and Demolitions Plan, prepared by Engineering Resource
Associates, dated June 14, 2018, last revised November 6, 2018;
k. Site Development Plan, prepared by Engineering Resource Associates, dated June
14, 2018, last revised November 6, 2018; l. Details plan, prepared by Engineering Resource Associates, dated June 14, 2018,
last revised November 6, 2018; and
m. Renderings, Sheets R-1, R-2, R-3, R-4, and R-5, prepared by DBH & Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 2018.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. A departure is hereby granted to permit the construction of the refuse collection area with a minimum building rear yard setback of six feet, and minimum building side yard
setback of six feet, in substantial conformance with the following:
a. Landscape Plan and Details, Sheet L1.0, prepared by DBH & Associates, Architects
Inc., dated May 25, 2018, last revised January 06, 2019;
b. Landscape Plan and Details, Sheet L1-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018;
c. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects
Inc., dated May 25, 2018, last revised October 19, 2018;
d. Site Development Plan, prepared by Engineering Resource Associates, dated June
14, 2018, last revised November 6, 2018;
3. A departure is hereby granted to permit the construction of a patio with a minimum
building street yard setback of three feet from the south and east property lines, and no
minimum building side yard setback from the west property line, in substantial
conformance with the following: a. Landscape Plan and Details, Sheet L1.0, prepared by DBH & Associates, Architects
Inc., dated May 25, 2018, last revised January 06, 2019;
b. Landscape Plan and Details, Sheet L1-2, prepared by DBH & Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 2018;
c. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018;
d. Site Development Plan, prepared by Engineering Resource Associates, dated June
14, 2018, last revised November 6, 2018;
4. The community center facility shall only be available for rent to the residents of the Old Oaks Estates mobile home community, and shall not be available for rent to
members of the general public.
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5. Box-type wall graphics are not permitted. Any wall graphics to be installed must be
channel-letters street graphic attached to the masonry portion of the exterior walls. Any window/door signs shall be painted on the glass.
6. Assembly uses permitted by this grant of conditional use shall include:
a. Business Meetings, Business Dinners, Breakout Session, and/or Round-Table Discussions; b. Banquets (General);
c. Baby Showers and/or Bridal Showers;
d. Baptisms and/or Christenings;
e. Celebrations, Holiday Events, Social Events, Soirees, and Private Parties, such as Anniversaries, Birthdays, Bar Mitzvahs and Bat Mitzvahs, Graduations, and/or Quinceaneras, provided:
i. Said event is not advertised to the general public,
ii. Said event is by private invitation only, and
iii. No gate charge, cover charge, or other entrance fee or donation is required or encouraged; f. Design and Creative Classes, such as Calligraphy, Art, Pottery, and/or Painting
Classes;
g. Farm-to-table Meal Events;
h. Fundraisers; i. Galas; j. Gallery Displays, including but not limited to works of art, either temporary or
permanent;
k. Live Performances, such as readings and/or plays but expressly excluding as a
principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events;
l. Meetings, including but not limited to Board, Business, Public and/or Shareholders
Meetings;
m. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; n. Networking Events;
o. Plenary or General Sessions;
p. Political Events
q. Press Conferences; r. Retreats and Team Buildings Events; s. Wedding Ceremonies & Receptions, including but not limited to traditional
weddings, elopements, and/or civil unions;
t. Wine and/or Food Tastings (subject to the issuance of the appropriate liquor
license); and u. Other like assemblies of people.
7. Incidental entertainment as an accessory use to a permitted principal use or an above
assembly use is permissible, in so long as said entertainment complies with all city
JANUARY 23, 2019 VOLUME LXXXIV
28
codes and ordinances, including but not limited to the restrictions upon “uses,
accessory” as articulated within Section 19.90.015, “Definitions and Regulations” of
the Elgin Municipal Code, 1976 as amended, and as said section may be amended from time to time.
8. Any event of an above assembly use may be catered, with food preparation and service
provided either by the applicant or from an off-site establishment, subject to
compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental
service of alcohol, with such service provided either by the applicant or from an off-
site establishment, subject to compliance with applicable health, sanitation, and liquor
codes, ordinances, rules and regulations.
9. Any event of an above assembly use may include the incidental playing of amplified
live or recorded music, subject to compliance with applicable noise codes, ordinances,
rules and regulations. The incidental playing of amplified live or recorded music is only
permitted on the interior of the community event space. The applicant must comply
with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended.
10. Compliance with all applicable codes and ordinances.
Section 4. 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: January 23, 2019 Passed: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0
Recorded: January 23, 2019
Published: January 25, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV JANUARY 23, 2019
29
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Powell made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
E-911 Board November 15, 2018 and December 20, 2018 Board of Health, October 8, 2018
Heritage Commission November 6, 2018
Human Relations Commission December 4, 2018
Liquor Control Commission, December 5, 2018 Planning and Zoning Commission December 3, 2018 Committee of the Whole Minutes for December 19, 2018
City Council Minutes for December 19, 2018
Sales Tax
Electricity Tax Hotel/Motel Tax Telecommunications Tax
Alcoholic Liquor Tax
Video Gaming Tax
Riverboat Revenue Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 7:37 p.m.
s/ Kimberly Dewis February 13, 2019
Kimberly Dewis, City Clerk Date Approved