Loading...
HomeMy WebLinkAboutG5-13 Ordinance No. G5-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED, "ZONING" TO PROVIDE FOR DRINKING PLACES, AND OUTDOOR EATING AND DRINKING PLACES AS PERMITTED LAND USES IN THE CC 1 AND CC2 CENTER CITY DISTRICTS WHEREAS, written application has been made to provide for Drinking Places, and Outdoor Eating and Drinking Places as Permitted Land Uses in the CC 1 and CC2 Center City Districts; 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 19.35.530 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection A.6 thereof entitled "Retail Trade Division" be and is hereby further amended by adding the following land uses thereto: Drinking places (alcoholic beverages) (5813). "Outdoor eating and drinking facilities" [SR] (UNCL). Section 2. That Section 19.35.530 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection B.5 thereof entitled "Retail Trade Division" be and is hereby further amended by deleting the land uses enumerated in Section 1 of this ordinance. Section 3. That Section 19.35.730 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection A.6 thereof entitled "Retail Trade Division" be and is hereby further amended by adding the following land uses thereto: Drinking places (alcoholic beverages) (5813). "Outdoor eating and drinking facilities" [SR] (UNCL). Section 4. That Section 19.35.730 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection B.5 thereof entitled "Retail Trade Division" be and is hereby further amended by deleting the land uses enumerated in Section 3 of this ordinance. r Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.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 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Ka tain, ayor Presented: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 ,. � � .6F F`�' Published: January 25, 2013 C'''`'aRBSauM , �ti Attest: z ea..6..,t, Kimberly Dewis, City Clerk r r December 3,2012 PLANNING AND ZONING COMMISSION Recommendation and Findings of Fact on the Proposed Text Amendment Providing for Drinking Places, and Outdoor Eating and Drinking Places As Permitted Land Uses in the CC1 and CC2 Center City Districts Community Development Department City of Elgin,Illinois OVERVIEW Approval of an amendment to the text of the Zoning Ordinance to provide for Drinking Places, and Outdoor Eating and Drinking Places as Permitted Land Uses in the CC1 and CC2 Center City Districts. GENERAL INFORMATION Petition No.: 39-12 RECOMMENDATION: APPROVE(see Recommendation Detail) Applicant: City of Elgin Staff Coordinator: Sarosh Saher, AICP; Senior Planner History: After due notice as required by law, the Planning and Zoning Commission held a public hearing and considered Petition 39-12 on December 3, 2012. The city as applicant submitted a Text Amendment Review dated December 3, 2012 and testified at the public hearing. List of Exhibits: A. Draft Ordinance with proposed language to amend Chapter 19.35—Business Districts B. Transcript • BACKGROUND The City of Elgin proposes to amend the text of the zoning ordinance such that Drinking Places, and Outdoor Eating and Drinking Places within the downtown may be established as of right. Currently, these uses are only permitted within the AB Area Business districts Findings of Fact Planning &Zoning Commission Petition 39-12 December 3, 2012 '.111.11) and the CI Commercial Industrial Districts. Within the CC1 Center City and CC2 Center City districts, these uses are a conditional use, and staff advises interested parties that a conditional use process can take anywhere from 60 to 90 days. The land uses will continue to remain conditional uses in the NB Neighborhood Business, ORI Office Research Industrial, and GI General Industrial Districts. This recommendation does not affect any size limitation or off-street parking requirements, if any. Table 1 below summarizes the current and proposed permissibility of the land uses within all non-residential zoning districts. Table 1. Current and Proposed Permissibility of Drinking Places and Outdoor Eating and Drinking Places Zoning District Permitted or Code Proposed Conditional Section Change RB Not N/A. None Residence Business provided for NB Conditional 19.35.330 B.5 None Neighborhood Business AB Permitted 19.35.430 A.6 None Area Business ORI Conditional 19.40.130.B.4 None Office Research Industrial GI Conditional 19.40.330.B.4 None General Industrial CI Permitted 19.40.530.A.5 None Commercial Industrial CC1 Conditional 19.35.530 B.5 Permitted Center City Use CC2 Conditional 19.35.730 B.5 rather than Center City Conditional Use. Making drinking places, and outdoor Eating and drinking places a permitted use will bring about positive changes to downtown Elgin. Downtown Elgin functions as a unique community mixed-use center within the planning area. It is the historic and traditional heart of the community. Recommended land uses include a compatible mix of residential (30+ du/ac), employment, educational, civic, and office uses, combined with a cultural and entertainment center focus that extends activities throughout the day. Pedestrian, bicycle, transit and vehicular circulation systems are coordinated and efficient. Streets and places are designed to encourage pedestrian activity. • Buildings and structures of historic or architectural value are maintained in active service, where feasible. Page 2 of 4 Findings of Fact Planning &Zoning Commission Petition 39-12 December 3, 2012 The other mixed use centers within the community are primarily located within AB Area Business Districts where Drinking Places, and Outdoor Eating and Drinking Places are currently allowed to establish as permitted uses. Additionally, these land uses were historically established in downtown Elgin. Allowing the uses to establish by right provides an increased opportunity for entertainment venues to establish, which would bring more people downtown and frequenting downtown businesses in the evening hours when offices are closed for the day. Similarly, more people downtown increases safety and security, as "eyes on the street" discourage inappropriate behavior. When presented with an opportunity to make such a positive change, the city should ensure that any associated processes do not include unnecessary steps, such as taking a petition through a conditional use review requiring city council approval. In this case, one can see little net gain to the city by adding 60 to 90 days to the development review process with a $1,000 to $1,500 price tag. It should be noted that business owners and applicants will still need to obtain a liquor license requiring a hearing before the Liquor Commission comprising of a committee of the whole city council. It would therefore seem redundant to have the same application reviewed by the city council through the conditional use process. FINDINGS OF FACT The Planning&Zoning Commission finds that the proposed text amendment: 1. Will enhance the effectiveness of the zoning ordinance; 2. Will enhance the downtown as a cultural and entertainment center that extends activities throughout the day, and promote its revitalization; 3. Will not negatively affect city efforts to promote a positive image, which includes making downtown a retail and restaurant destination; and 4. Will not adversely affect the city"s ability in enforcing regulations regarding the establishment of drinking and outdoor eating and drinking places. RECOMMENDATION DETAIL The Planning and Zoning Commission hereby recommends the approval of Petition 39-12. On a motion to recommend approval of Petition 39-12,the vote of the Planning and Zoning Commission was five (5) yes and zero (0)no. Respectfully Submitted, Page 3 of 4 Findings of Fact Planning &Zoning Commission Petition 39-12 December 3,2012 s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/David Waden David Waden, Secretary Planning and Zoning Commission Page 4 of 4 A.{ OF E� .. Application Number 39-12 � * �, ��� Annexation, Zoning, and Subdivision . �, . 4, f4 = Development Application °'"8 "` Community Development Group �°R.-17-En I `' City of Elgin Subject Property Address City of Elgin (Attach Legal Description) Present Zoning N/A Property Size N/A acres/sq ft Applicant Applicant Name Sarosh B. Saher, AICP, Senior Planner, Community Development Dept. Address City of Elgin, 150 Dexter Court, Elgin, IL 60120 Primary Contact Sarosh Saher Day Phone 847-931-5943 Fax 849-931-6790 E-mail saher_s @cityofelgin.org Owner ` °s. Owner Name N/A Day Phone N/A �/ Address N/A Requested ❑Annexation Action(s) ❑Annexation Agreement ❑Variation (Specify Section) El Map Amendment (Specify Requested Zoning) El Conditional Use (Specify Use) ❑Planned Development (Specify Requested Zoning) El Master Concept Plan 0 Text Amendment (Specify Section) Amend 19.35.530 and 19.35.730-Land Uses in the CC1 and CC2 districts ❑Preliminary Plat of Subdivision ❑Final Plat of Subdivision ❑Conceptual Plan Review ❑Appeal (Specify) A/V Equipment Please indicate if you intend to use the following during the Public Hearing: ❑ Overhead projector ❑ PowerPoint presentation (If applicable:Properties within a Historic District must give the Heritage Commission 30 Days notice prior to Public Hearing) Application Fee Schedule Annexation Preliminary Plat of Subdivision ❑$3,660.00 Property Less Than 10 Acres o$6,885.00 Property Less Than 10 Acres o$4,890.00 Property 10-99.99 Acres n$9,495.00 Property 10-99.99 Acres o$6,085.00 Property 100+Acres o$9,745.00 Property 100+Acres Annexation Agreement Review Fee Map Amendment ❑$ 1,230.00 Property Less Than 10 Acres o$ 800.00 Property Less Than 10 Acres o$6,085.00 Property 10-99.99 Acres o$ 1,100.00 Property 10-99.99 Acres o$ 12,170.00 Property 100+Acres o$ 1,460.00 Property 100+Acres Planned Developments Variation o$ 1,035.00 As a Conditional Use o$250.00 Property Less Than 10,000 sq.ft. o$ 1,715.00 As a Map Amendment o$800.00 Property Greater Than 10,000 sq.ft Master Concept Plan Text Amendment o$ 1,715.00 Property of any size o$500.00 Text Amendment Conditional Use Final Plat o$800.00 Property of any size o$605.00 Appeal Publishing Deposit ❑$ 125.00 All Appeals o$240.00 Deposit for Impact Assessment Hearing Sign Deposit o$3,515.00 0$ 145.00 Sign/_Total Number of Signs Conceptual Plan Review* Transcript Deposit o$300.00 Property Less Than 5 Acres o$240.00 Amendment,Conditional Use,MCP o$615.00 Property 5-99.99 Acres n$ 125.00 Variation or Appeal o$ 1,230.00 Property 100+Acres *no conceptual review fee shall be required for residential variations Escrow Account Fees o Preliminary Engineering Review Fee(Based on 1.5%of Estimated Preliminary Engineering Costs) o Stormwater Management Review Fee(Based on 2%of Stormwater Management Costs) Office Use Only Application Fee/PN010-0000-563-0000 N/A Date Received Transcript Fee/ PN010-0000-237-0400 N/A Received By Sign Deposit / PN010-0000-237-0400 N/A Publishing Dep./PN010-0000-237-0400 N/A Impact Deposit/PN010-0000-237-0400 N/A Total Fees N/A I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information • and exhibits herewith submitted are true and correct to the best of my knowledge. I authorize employees of the City Of Elgin to enter onto the property for the purposes of preparing the application review and taking site photographs. Applicant/Agent signature Owner signature °11"/ (If other than owner) F:\Code Admin\DS Division\Forms\Application Forms\2011 -Development Application.docx Updated:January 3,2011 1 1 S62105C 2 STATE OF ILLINOIS ) SS. 3 COUNTY OF K A N E ) 4 BEFORE THE PLANNING AND ZONING COMMISSION 5 OF THE CITY OF ELGIN 6 7 In Re the Matter of: ) 8 Proposed Text Amendment to ) No. 39-12 the Elgin Municipal Code; ) 9 Drinking Places and Outdoor ) Eating and Drinking Places in ) 10 the CC1 and CC2 Districts. ) 11 12 REPORT OF PROCEEDINGS had at the hearing of 13 the above-entitled matter before the Planning and 14 Zoning Commission of the City of Elgin in the 15 Elgin Municipal Building, Second Floor, 16 150 Dexter Court, Elgin, Illinois, on 17 December 3, 2012, at the hour of 7 :25 p.m. 18 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 2 ,44) 1 PRESENT: 2 MR. ROBERT SILJESTROM, Chairman; 3 MS. CHRISTINE AWE, Member; 4 MS. BETH A. KRUGER, Member; 5 MS. EMI (MORALES) SALAZAR, Member; and 6 MR. ANTHONY PEDOTE, Member. 7 ALSO PRESENT: 8 MR. WILLIAM A. COGLEY, Corporation Counsel; 9 MR. MARC MYLOTT, Community Development Director; 10 MR. SAROSH SANER, Planning Manager; and 11 MR. DAVE WADEN, Senior Planner. 12 '4") 13 14 15 16 17 18 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 3 1 CHAIRMAN SILJESTROM: Moving ahead, 2 Petition 39-12, to provide for drinking places 3 and outdoor eating and drinking places as 4 permitted land uses in the CC1 and CC2 Center 5 City Districts. 6 Mr. Secretary, do you have evidence here of 7 proper notice? 8 MR. SAHER: Yes, we do. 9 CHAIRMAN SILJESTROM: Has anyone 10 signed in as an interested party? 11 MR. SAHER: Not at this time. 12 CHAIRMAN SILJESTROM: Then would you 13 please give us a background on this, and then we 14 will proceed from there. 15 MR. SANER: Thank you, {Mr. Chairman. 16 This amendment proposes to amend the text 17 of the Zoning Ordinance to allow for drinking 18 places and outdoor eating and drinking places 19 within the downtown to be established as a right, 20 as permitted uses. 21 These two types of uses are currently 22 allowed as conditional uses requiring a public 23 hearing process and final approval by the City 24 Council. SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 4 1 Staff is recommending that within the 2 downtown, because of the character of the 3 downtown, that these uses be established by right 4 through a simple occupancy permit because of the 5 following reasons: These uses were historically 6 established in downtown from the time the 7 downtown was established. 8 It would certainly increase the opportunity 9 for entertainment venues to be established in 10 downtown quickly and more effectively, 11 considering the fact that downtown has been 12 designated as the core of the city, to be 13 designated as a cultural and entertainment center 14 of the city, as well . 15 It would also remove any unnecessary steps 16 of going through the effort and the time and 17 energy of a conditional use public hearing, with 18 staff reports and final City Council approval, 19 and would also save the applicants, petitioners, 20 property owners of the costs that are associated 21 with conditional uses. 22 But, importantly, it should also be noted 23 that this would not preclude the City Council 24 from still being aware of and considering these SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 • REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 5 1 kinds of uses, particularly with respect to 2 drinking places. 3 The City Council, which sits entirely on 4 the Liquor Commission, already has purview and 5 review of these licenses as they come before 6 them, so it would simply seem redundant to have 7 the same application in the form of a conditional 8 use also go before the City Council. 9 So in light of all of these reasons, staff 10 is recommending that the text of the Zoning 11 Ordinance be amended to allow these two types of 12 uses, which is the drinking places land use and 13 the outdoor eating and drinking places, as 14 permitted uses in the CC1 and CC2 Districts. 15 Both the CC1 and the CC2 Districts are considered 16 the districts primarily of which downtown 17 comprises of. 18 CHAIRMAN SILJESTROM: Questions or 19 comments or thoughts regarding 39-12? 20 Ms. Morales . 21 MEMBER SALAZAR: Not at this moment. 22 CHAIRMAN SILJESTROM: Okay. Ms . Awe. 23 MEMBER AWE: I have a question. rbsk24 For the outdoor eating and drinking, will SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 6 1 the area -- like if it' s in the front on the 2 sidewalk -- will that be roped off? 3 I think like the Gasthaus has a barricade 4 up around there. Is that going to be a 5 requirement? 6 MR. SAHER: Actually, that type of 7 outdoor eating and drinking is within the 8 right-of-way and is not under the purview of our 9 Zoning Ordinance or the Planning and Zoning 10 Commission. 11 Those types of requests are handled 12 directly through license agreements and 13 ordinances for encroachment into the public 14 right-of-way by our Legal Department and the City 15 Council. 16 MEMBER AWE: Ah-hah. Okay. 17 Thank you. 18 MR. SAHER: Sure. 19 CHAIRMAN SILJESTROM: Ms. Kruger, 20 comments or thoughts? 21 MEMBER KRUGER: I have a comment. 22 I think this is a great change to the 23 conditional use, making it permitted, as it will 24 encourage small businesses to hopefully get into SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 7 1 the downtown neighborhood, as it really is -- 2 it ' s really needed to help, so I 'm glad we're 3 making this change -- or recommending this 4 change. 5 CHAIRMAN SILJESTROM: Mr. Pedote? 6 MEMBER PEDOTE: Mr. Sarosh, we talked 7 earlier today and in regards to -- the Gasthaus 8 did come in front of the Zoning Commission. 9 MR. SAHER: It did not. I checked 10 our records this morning. And I have a list here 11 that shows, between the years 2000 and 2012, the 12 Gasthaus was not brought before the Zoning 13 Commission with regards to this issue of outdoor 14 eating and drinking within the right-of-way. 15 It was an issue that was considered and 16 approved by our City Council through a special 17 encroachment ordinance. 18 MEMBER PEDOTE: All right. 19 Is -- can you clarify -- because -- I mean, 20 I know that eating and -- anything with alcohol 21 is going to be regulated by the Liquor 22 Commission -- 23 MR. SAHER: Yes. 24 MEMBER PEDOTE: -- like -- maybe of SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 0411) 8 1 the whole, as Mayor Raptain' s appointed it. 2 How has the process been for the other 3 food establishments that are setting up in the 4 right-of-way? 5 Are we going to have any type of process 6 where at least, Marc Mylott, you' ll have an 7 opportunity to review whatever comes in -- what 8 people are going to be putting outside -- so we 9 have some type of standard, what is in our 10 community? 11 MR. MYLOTT: As Sarosh explained 12 earlier, that those types of applications .047) 13 originate through the Legal Department. And I 14 had a chance to speak today -- following a 15 conversation that you and I had expressing those 16 concerns -- with Corporation Counsel Bill Cogley, 17 and he had no reservations about routing those 18 down through the Community Development Department 19 to ensure that proper spacing is provided so 20 that, if areas need to be roped to ensure that 21 tables and chairs don' t creep and otherwise 22 restrict accessibility requirements, that we can 23 have an opportunity to look at them for 24 aesthetics to ensure they're complementary to not SONNTAG REPORTING SERVICE, LTD. sonntagreporting .com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 9 1 just what the City has done but perhaps what 2 their neighbors have done. 3 So we are more than willing to make those 4 accommodations and -- so that we can still have 5 the expediency of the application but ensure that 6 all the I ' s are dotted and T' s are crossed. 7 MEMBER PEDOTE: Thank you. 8 MR. MYLOTT: You're welcome. 9 CHAIRMAN SILJESTROM: Anyone have a 10 further thought or comment? 11 MEMBER SALAZAR: Just to go off of eigh 12 that -- but it' s not a formal policy or 13 procedure? This would just be an in-house 14 agreement somewhat that you would have, though, 15 to review these files? 16 MR. MYLOTT: Yes, ma'am. But they 17 would have -- I 'm sorry. 18 MR. COGLEY: Actually, the -- there 19 is an ordinance which prohibits the commercial 20 use of the right-of-way, so it ' s prohibited 21 unless we -- the City approves a license 22 agreement, so we can place whatever conditions we 23 choose to on that. 24 And so the property owner, the commercial SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 10 1 establishment, needs the City' s permission, and 2 as part of that review and determining whether to 3 give permission, we're going to institute a 4 procedure where Community Development will review 5 the design of it and then report back with their 6 recommendations so that if, in an instance a 7 property owner did not want to comply with those, 8 we simply wouldn't grant the permission. 9 They don't have a -- there' s no right to 10 use the public way for your private business. 11 But for -- you know, we do try to 12 accommodate these entities where it ' s helpful to 13 their business and provides an amenity for 14 outdoor dining. If it ' s reasonable, we try to 15 accommodate it if we can. 16 MEMBER SALAZAR: And then there will 17 no longer be a public input for these types of 18 businesses coming in, then; correct? 19 It would just be the internal review? 20 MR. COGLEY: Well, in the -- the 21 outdoor eating and drinking places, really, that 22 are being referred to here are those that occur 23 on private property. 24 It would be something like -- the SONNTAG REPORTING SERVICE, LTD. sonntagreporting . com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 11 1 Prairie Rock has their dining area around the 2 back of it, but it' s located on private property, 3 so that was a separate conditional use for that 4 type of facility. 5 That' s fairly limited in the downtown 6 because they just don' t have a lot of -- there' s 7 a lot of built-out lots . That' s a pretty rare 8 circumstance. Most of the outdoor things that I 9 think we all see are -- that -- are asking to use 10 cafe areas out on the street. e .` 11 And so the ones that are being made a 12 permitted use here, frankly, are pretty rare in 13 the CC1 and CC2 . And on top of that, there still 14 is a public process if they involve a liquor 15 license, and that is through the Liquor 16 Commission. Their meetings are public; public 17 sign notifications go up, and there' s a public 18 process for that. 19 MEMBER SALAZAR: So if it' s on the 20 public right-of-way, they don' t have to come 21 through -- still -- here? Is that correct or no? 22 MR. COGLEY: No. 23 MEMBER SALAZAR: We' re bypassing 24 that? SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 12 1 MR. COGLEY: No. If it was on the 2 public right-of-way, it never came through here. 3 It ' s always been a licensing regimen. 4 MEMBER SALAZAR: So like he used the 5 Gasthaus. It just would never come here to begin 6 with? 7 MR. SAHER: It did not come here. 8 MR. COGLEY: Right. That' s right. 9 MEMBER SALAZAR: Okay. 10 Thank you. 11 CHAIRMAN SILJESTROM: Anyone else 12 before we move on? 13 (No response. ) 14 CHAIRMAN SILJESTROM: Okay. Let the 15 record show that no one appeared in the audience. 16 The Chairman will entertain a motion on 17 39-12 . 18 MEMBER KRUGER: I move to recommend 19 that City Council approve Petition No. 39-12 20 subject to the conditions in our packet and -- 21 outlined within our packet -- and to adopt the 22 findings of the Commission, those findings also 23 provided within our packet. 24 MEMBER AWE: Second. SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 EATING AND DRINKING PLACES, NO. 39-12 13 1 CHAIRMAN SILJESTROM: Any discussion? 2 (No response. ) 3 CHAIRMAN SILJESTROM: Secretary, 4 please call the roll. 5 MR. WADEN: Ms. Awe. 6 MEMBER AWE: Yes. 7 MR. WADEN: Ms. Kruger. 8 MEMBER KRUGER: Yes. 9 MR. WADEN: Ms. Morales. 10 MEMBER SALAZAR: Yes . 11 MR. WADEN: Mr. Pedote. 12 MEMBER PEDOTE: Yes. 13 MR. WADEN: Chairman Siljestrom. 14 CHAIRMAN SILJESTROM: Yes. 15 This concludes our consideration of 39-12 . 16 (Which were all the proceedings 17 had in the above-entitled matter 18 at the hour of 7 :35 p.m. ) 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD . sonntagreporting . com - 800 . 232 . 0265 14 °all) 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) 3 4 I, MELANIE L. HUMPHREY-SONNTAG, 5 Certified Shorthand Reporter No. 084-004299, CSR, 6 RDR, CRR, CCP, FAPR, and a Notary Public in and 7 for the County of DuPage, State of Illinois, do 8 hereby certify that I reported in shorthand the 9 proceedings had in the above-entitled matter and 10 that the foregoing is a true, correct, and 11 complete transcript of my shorthand notes so 12 taken as aforesaid. 13 IN TESTIMONY WHEREOF I have hereunto set my 14 hand and affixed my Notarial Seal this 10th day 15 of December, 2012. 16 17 _ *Jut* 18 Certified Sh and Reporter- Registered Diplomate Reporter 19 Certified Realtime Reporter Certified CART Provider 20 Fellow of the Academy of Professional Reporters 21 22 My commission expires March 9, 2014 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265