City of Elgin City Council met April 22.
Here is the minutes provided by the council:
The regular meeting of the Council of the City of Elgin, Illinois, was held in the Council Chambers. The meeting was called to order by Mayor Kaptain at 6:00 p.m.
ROLL CALL
Roll call was answered by Councilmembers Dixon (6:05 p.m.), Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. All members, with the exception of Mayor Kaptain, attended via electronic means. This was allowed at this time granted by Governor Pritzker’s Executive Order 2020-07.
MINUTES OF THE APRIL 8, 2020, COUNCIL MEETING APPROVED AS DISTRIBUTED
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to approve the April 8, 2020, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RECOGNIZE PERSONS PRESENT
Julie Kyle, TAJ Flooring, commented on their conditional use petition on the agenda. She stated their concerns about the requirements to install a public sidewalk with this project.
Paul Berland stated his support for the Elgin Declaration for Climate Emergency that was passed by the Sustainability Commission.
US COMMUNITIES JOINT PURCHASE AGREEMENT APPROVED WITH TRANE FOR THE PURCHASE AND INSTALLATION OF A CHILLER FOR CITY HALL
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve a contract with Trane in the amount of $224,845 for the purchase and installation of a new chiller for City Hall. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JOINT PURCHASE COOPERATIVE CONTRACT APPROVED WITH JOHN DEERE & COMPANY FOR A 2020 JOHN DEERE UTILITY VEHICLE FOR THE PARKS AND RECREATION DEPARTMENT
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to award a contract to John Deere & Company in the amount of $24,440 for a 2020 John Deere utility vehicle to replace the utility vehicle utilized for transporting cargo and staff for City special events and Hemmens snow removal. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JOINT PURCHASE CONTRACT APPROVED WITH F.H. PASCHEN FOR REPAIRS AT THE HIGHLANDS CLUBHOUSE
There was discussion about the damage and the type of repair in relation of the age of the building. It was noted that there was research into legal recourse with the contractors that performed construction.
Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve a contract with F. H. Paschen in the amount of $523,706 for the repairs to the masonry at the Highlands Clubhouse. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITIONS 41-19 AND 42-19 APPROVED FOR 711 E. CHICAGO STREET – EXTENSION OF THE PLANNED DEVELOPMENT AND A CONDITIONAL USE TO CONSTRUCT A THREE-STORY MIXED-USE BUILDING WITH 40 UNITS OF SUPPORTIVE HOUSING, AND GROUND-FLOOR COMMERCIAL OFFICE SPACE
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petitions 41-19 and 42-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 20-53 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF BARTLETT FOR THE COSTS ASSOCIATED WITH THE RESURFACING OF LAMBERT LANE
Councilmember Rauschenberger made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 20-53
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF BARTLETT FOR THE COSTS ASSOCIATED WITH THE RESURFACING OF LAMBERT LANE
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 Intergovernmental Agreement on behalf of the City of Elgin with the Village of Bartlett, for the costs associated with the resurfacing of Lambert Lane, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2020
Adopted: April 22, 2020
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 20-54 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT
Councilmember Powell made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 20-54
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED 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 a Grant Agreement with the Fox River Study Group for continued support of the Fox River Watershed Project, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2020
Adopted: April 22, 2020
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 20-55 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH SCHROEDER ASPHALT SERVICES, INC. FOR 2019 MISCELLANEOUS CIVIL IMPROVEMENTS AT AIRLITE WATER TREATMENT PLANT AND SLADE WATER METER SHOP
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 20-55
RESOLUTION
AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH SCHROEDER ASPHALT SERVICES, INC. FOR 2019 MISCELLANEOUS CIVIL IMPROVEMENTS AT AIRLITE WATER TREATMENT PLANT AND SLADE WATER METER SHOP
WHEREAS, the City of Elgin has heretofore entered into a contract with Schroeder Asphalt Services Inc. for 2019 miscellaneous civil improvements at the Airlite Water Treatment Plant and Slade Water Meter Shop; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2020
Adopted: April 22, 2020
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 20-56 ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH PNC EQUIPMENT FINANCE, LLC REGARDING THE LEASE OF GOLF CARS AND MAINTENANCE UTILITY VEHICLES AT THE HIGHLANDS AND WING PARK GOLF COURSES
Councilmember Dixon made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 20-56
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH PNC EQUIPMENT FINANCE, LLC REGARDING THE LEASE OF GOLF CARS AND MAINTENANCE UTILITY VEHICLES AT THE HIGHLANDS AND WING PARK GOLF COURSES
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 a Lease Agreement on behalf of the City of Elgin with PNC Equipment Finance, LLC, regarding the lease of golf cars and maintenance utility vehicles at the Highlands and Wing Park golf courses a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2020
Adopted: April 22, 2020
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
RESOLUTION 20-57 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (ST. JOHN'S LUTHERAN CHURCH SURFACE PARKING LOT ON THE SOUTH SIDE OF DEXTER AVENUE)
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 20-57
RESOLUTION
RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT
(St. John's Lutheran Church Surface Parking Lot on the South Side of Dexter Avenue)
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 it hereby ratifies and approves the execution of a Real Estate Sale Contract by Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, with St. John's Evangelical Lutheran Church of Elgin, Illinois, an Illinois not-for-profit corporation, for the purchase of the property commonly known as St. John's Lutheran Church Surface Parking Lot on the south side of Dexter Avenue, Elgin, for $100,000, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2020
Adopted: April 22, 2020
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
s/ David J. Kaptain David J. Kaptain, Mayor
ORDINANCE T14-20 PASSED AMENDING THE 2019 BUDGET
Mayor Kaptain read the following statement regarding the bond sale:
The 2020 adopted utility fund budget included the issuance of $9.65 million in general obligation bonds to finance water and sewer infrastructure projects. Due to the corona virus pandemic, budgeted projects and available financing sources were evaluated resulting in a reduction of the debt issuance to $3.15 million. Today, the City went to market, utilizing a competitive sale, to sell bonds to raise funding for utility facility and infrastructure improvements. The sale was very active with four bidders that collectively bid thirty times to try to secure the City’s general obligations bonds. The successful bidder was Northland Securities with a winning bid of 1.52 percent. For comparison purposes, the City issued utility fund debt in early 2019, at 2.64 percent and refunded previously issued debt in January 2020 at 1.81 percent. Today’s sale resulted in a very favorable rate.
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. T14-20
AN ORDINANCE AMENDING THE 2019 BUDGET
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the 2019 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference.
Section 2. That this ordinance shall be in full force and effect from and after its passage.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2020
Passed: April 22, 2020
Vote: Yeas: 9 Nays: 0
Recorded: April 22, 2020
Published: April 23, 2020
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE S2-20 PASSED PROVIDING FOR THE ISSUANCE OF APPROXIMATELY $3,150,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2020B, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF FINANCING CERTAIN CAPITAL IMPROVEMENTS WITHIN SAID CITY AND PAYING THE EXPENSES INCIDENT THERETO, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF.
Councilmember Rauschenberger made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE S2-20 IS ON FILE IN THE CITY CLERK’S OFFICE.
PETITION 07-20 APPROVED FOR 740 CHURCH ROAD – PLANNED DEVELOPMENT AS A CONDITIONAL USE TO CONSTRUCT A 12,500-SQUARE FOOT ADDITION TO AN EXISTING OFFICE AND WAREHOUSING BUILDING (THIS ITEM MUST BE REMOVED FROM THE TABLE)
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to remove Petition 04-20 from the table. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Councilmember Martinez made a motion, seconded by Councilmember Gavin, to amend the conditional use to read at such time that a sidewalk is constructed along the length of an adjacent lot to the east or west of the subject property, and if the City has not imposed an alternative method of financing sidewalk improvements in the Elgin Oaks Industrial Subdivision, the then owner of the subject property shall within one year at the owners cost construct a sidewalk, adjacent to the frontage of the subject property, in the City’s right of way. The design and specifications of the sidewalk should be pursuant to the city ordinance and regulations. If such sidewalk is not completed by the owner, the City shall construct a sidewalk and recover from the owners the costs thereof. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, and Shaw. Nays: Councilmembers Lopez, Powell, Rauschenberger, Steffen, and Mayor Kaptain.
Motion failed.
There was discussion regarding alternative methods of financing sidewalk installation in the subdivision. Also discussed was an alternate timeline for the installation of the sidewalk at the subject property.
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to approve Petition 07-20 subject to conditions including the amendment to not require a sidewalk be installed until July 1, 2023. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
CONSENT AGENDA
By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass Ordinance Nos. G16-20 and G17-20, and adopt Resolution No. 20-53 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 20-52 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH ELGIN PUBLIC MUSEUM INCORPORATED TO PROVIDE SERVICES TO MAINTAIN PUBLIC PROPERTY EXHIBITS AND PROVIDE EDUCATIONAL PROGRAMMING
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 20-52
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH ELGIN PUBLIC MUSEUM INCORPORATED TO PROVIDE SERVICES TO MAINTAIN PUBLIC PROPERTY EXHIBITS AND PROVIDE EDUCATIONAL PROGRAMMING
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 a Purchase of Services Agreement on behalf of the City of Elgin with the Elgin Public Museum Incorporated, to provide services to maintain public property exhibits and provide educational programming, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2020
Adopted: April 22, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G16-20 PASSED GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE, NOT ELSEWHERE CLASSIFIED, AND A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (25 SOUTH GROVE AVENUE, SUITE 500)
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G16-20
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE, NOT ELSEWHERE CLASSIFIED, AND A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT
(25 South Grove Avenue, Suite 500)
WHEREAS, written application has been made requesting conditional use approval to establish a meditation center, an amusement and recreational service, not elsewhere classified, and a commercial event space for activities pertaining to assembly of people at 25 South Grove Avenue, Suite 500; and
WHEREAS, the zoning lot with the building containing the premises at 25 South Grove Avenue is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the CC1 Center City District, and a meditation center, an amusement and recreational service, not elsewhere classified, and a commercial event space for activities pertaining to assembly of people are listed as a conditional use within the CC1 Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 2, 2020, 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 conditional use in the CC1 Center City 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 March 2, 2020, 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 to establish a meditation center, an amusement and recreational service, not elsewhere classified, and a commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 25 South Grove Avenue, Suite 500, which is part of the property commonly identified by Kane County Property Index Numbers 06-14-434-012 and 06-14-434-020, and legally described as follows:
Parcel 1 The Easterly 20.85 feet measured along the north line of that part of lots 6 and 7 in block 15 of the original town of Elgin on the East side of the Fox River, described as follows:
Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly line of said lot 59.59 feet for a point beginning; thence northeasterly along a line forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast from the westerly line of said lot 6, a distance of 111.58 to a line 35.15 feet west of and parallel with the east line of lot 7; thence north along said parallel line 33.34 feet to the north line of lot 7; thence west along the north line of lot 6 and 7 to the northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning in the city of Elgin, Kane County, Illinois;
Parcel 2. That part of lots 6 and 7 in block 15 of the original town of Elgin, on the east side of the Fox River, described as follows:
Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly of said lot 59.59 feet for a point of beginning; thence northeasterly along a line forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast from the westerly line of said lot 6, a distance of 111.58 feet to a line 35.15 feet west of and parallel with the east line of lot 7; thence north along said parallel line 22.34 feet to the north line of lot 7; thence west along the north lines of lots 6 and 7 to the northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning (except the easterly 20.85 feet measured along the north line) in the city of Elgin, Kane County, Illinois; and
Parcel 3. Parking easement created by agreement with the city of Elgin, document number 98K101679 and assigned by document number 98K101678, both recovered November 3, 1998, for the benefit of Parcels 1 and 2. (commonly known as 21-29 South Grove Avenue)
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 Still Life Meditation LLC, as applicant, and Grove Burritt, LLC, as property owner, received January 17, 2020, and supporting documents including:
a. Undated Still Life Meditation, LLC Business Operation Summary, received January 21, 2020;
b. Undated Conditional Use Statement of Purpose and Conformance, received January 17, 2020;
c. ALTA/ACSM Land Title Survey, prepared by Survey Systems of America Inc., dated November 2, 2017; and
d. The Burritt Building Fifth Floor Remodel plans, prepared by Cobu Architecture Studio, dated October 30, 2019, with such further revisions as required by the Community Development Director.
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. The proposed meditation center and commercial event space for assembly of people may relocate and/or expand within the existing building located at 25 S. Grove Avenue. The maximum floor area of the use shall be 6,000 square feet.
3. Assembly uses permitted by this grant of conditional use shall include:
a. Art Classes;
b. Banquets (General);
c. Baby Showers and/or Bridal Showers;
d. Baptisms and/or Christenings;
e. Beer, Wine, Liquor, and/or Food Tastings;
f. Book Clubs and Discussion Groups;
g. Business Dinners, Breakout Session, and/or Round-Table Discussions;
h. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs;
i. Conferences, Conventions, and/or Seminars;
j. Colloquiums;
k. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
l. Corporate and/or Non-profit Events;
m. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes:
n. Exhibitions, including but not limited to Art Shows;
o. Expositions;
p. Fairs and/or Festivals;
q. Fundraisers;
r. Funeral Services;
s. Galas;
t. Gallery Displays, including but not limited to works of art, either temporary or permanent;
u. Guest Events and Lectures in the Dharma Talk/Sermon Tradition, or similar events;
v. Holiday Parties;
w. 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;
x. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings;
y. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga;
z. Miscellaneous Fitness or Martial Arts Instruction and Classes;
aa. Moving Meditation Methods such as Tai Chi and Qi Gong;
bb. Multi-day Intensive Courses in Particular Meditation Methodologies/Techniques;
cc. Networking Events;
dd. Plenary or General Sessions;
ee. Political Events;
ff. PressConferences;
gg. Private Social Group Gatherings for Discussion and Support;
hh. Product Launch Events;
ii. Receptions;
jj. Retreats and Team Building Events;
kk. Social Events;
ll. Special Events for Education, Relaxation, and Wellness;
mm. Symposiums;
nn. Themed Events;
oo. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and pp. Other like assemblies of people.
4. 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.
5. 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 commercial event space. The applicant must comply with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended.
6. 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: April 22, 2020
Passed: April22,2020
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: April 22, 2020
Published: April 23, 2020
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G17-20 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (721 DUNDEE AVENUE)
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G17-20
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE
(721 Dundee Avenue)
WHEREAS, written application has been made requesting conditional use approval for a planned development to expand the existing parking lot with certain departures from the requirements of the Elgin zoning ordinance at 721 Dundee Avenue; and
WHEREAS, the zoning lot with the building containing the premises at 721 Dundee Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 2, 2020, 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 conditional use in the NB Neighborhood Business 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 March 2, 2020, 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 planned development to allow the expansion of the existing parking lot with certain departures from the requirements of the Elgin zoning ordinance is hereby granted for the property commonly known as 721 Dundee Avenue, and commonly identified by Kane County Property Index Numbers 06-12-402-003 and 06-12-402- 007, and legally described as follows:
A tract being Lot 7 in Block 4 of McBride Heir’s Second Addition to The City of Elgin, Kane County, Illinois. (commonly known as 721 Dundee Avenue).
Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:
7. Substantial conformance to the Development Application submitted by Sterling Renaissance Inc., as applicant, and Kent M. Lucaccioni, as property owner, received October 9, 2019, and supporting documents including:
a. 721 Dundee Avenue, Elgin, IL Development Application-Statement of Purpose and Conformance, dated October 2, 2019;
b. Undated Plat of Survey, prepared by Four Points Land Surveying Inc., received October 7, 2019;
c. Parking Expansion Landscape Plan, prepared by Krogstand Land Design Limited, dated September 3, 2019, last revised December 2, 2019, with such further revisions as required by the Community Development Director;
d. Undated Parking Lot Expansion 721 Dundee Ave. Elgin, IL 60120 site engineering plans Sheets C-1, C-2, C-3, and C-4, prepared by Normal J. Toberman & Associates, LLC, received January 13, 2020, with such further revisions as required by the City Engineer;
e. A photometric plan, prepared by CREE Lighting, dated December 26, 2019, with such further revisions as required by the Community Development Director; and
f. Undated OSQ Series OSQ TM LED Area/Flood Luminaire – Medium by CREE Lighting, received January 13, 2020, with such further revisions as required by the Community Development Director.
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.
8. A departure is hereby granted to construct the parking lot expansion with the minimum vehicle use area interior yard setback of 2 feet from the north interior property line.
9. A departure is hereby granted to construct the parking lot expansion with the minimum vehicle use area street yard setback of four feet from the south property line.
10. A departure is hereby granted to construct a six-foot high solid, privacy fence of neutral color within the required building street yard setback with a minimum setback of four feet from the south property line.
11. A minimum of twelve (12) parking spaces shall be provided for the existing office use on the property. In the event the existing office use on the property is discontinued, a departure for parking requirements is hereby granted to allow the establishment of any other use on the property authorized as a permitted use [SR] or a similar use to a permitted use [SR] in the underlying NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District for which the standard parking requirement per the Elgin Municipal Code, as amended, does not exceed 22 parking spaces, and provided there are a minimum of twelve (12) parking spaces located on the property.
12. 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: April 22, 2020
Passed: April22,2020
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: April 22, 2020
Published: April 23, 2020
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Steffen made a motion, seconded by Councilmember Rauschenberger, to place the following report on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Authorization for Payments
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 7:26 p.m.
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/6873
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