City of Elgin City Council met Nov. 3

By Kristine Gonzales-Abella

Mar 1, 2022

City of Elgin City Council met Nov. 3.

Here are 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 7:05 p.m. The Pledge of Allegiance was led by Mayor David Kaptain.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None.

PUBLIC COMMENTS

Dorothy Poulos, chair of the Board of Health, read the recommendation from the board regarding the anesthesiologist situation at Advocate Sherman Hospital.

Dr. Michael Seigle provided his perspective on the anesthesiologist situation at Advocate Sherman Hospital.

Dr. Walter Alm provided his perspective on the anesthesiologist situation at Advocate Sherman Hospital.

Sheri De Shazo provided her perspective on the anesthesiologist situation at Advocate Sherman Hospital.

Dr. Justin Maccriola-Coad provided his perspective on the anesthesiologist situation at Advocate Sherman Hospital.

There was discussion regarding the city’s role in this staffing situation, the concerns regarding the safety and health of residents and the time frame for staffing changes to be completed.

BID 21-004A AWARDED TO JOEL KENNEDY CONSTRUCTING CORPORATION FOR 2021 LEAD SERVICE LINE REPLACEMENT

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a contract to Joel Kennedy Constructing Corporation in the amount of $4,221,307 for the 2021 Lead Service Line Replacement in order to improve the water distribution system. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 21-040A AWARDED TO NEXT ELECTRIC, LLC FOR LEO NELSON RIVERSIDE WATER TREATMENT PLANT MOTOR CONTROL LINE UP IMPROVEMENTS

Councilmember Shaw made a motion, seconded by Councilmember Thoren, to award a contract to Next Electric, LLC in the amount of $521,315 for the Leo Nelson Riverside Water Treatment Plant motor control line up improvements project to replace aging electrical equipment to ensure continued reliability. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 21-054 AWARDED TO CARBON ACTIVATED CORPORATION FOR GAC FILTER MEDIA REMOVAL AND REPLACEMENT

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award the GAC Filter Media Removal and Replacement bid to Carbon Activated Corporation in the amount of $148,260 to enhance the City’s water treatment by exchanging the spent granular activated carbon to continue to provide high quality water. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. No response from Councilmember Rauschenberger.

PETITION 45-21 APPROVED FOR 400 S. RANDALL ROAD, SUITE I FOR A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO ESTABLISH A TUTORING CENTER WITHIN AN EXISTING MULTIPLE-TENANT COMMERCIAL BUILDING

Marc Mylott, Community Development Director, outlined Petition 45-21 for 400 S. Randall Road, Suite I. The petition allows for a conditional use to establish a tutoring center. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 45-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PUBLIC HEARING OF PETITIONS 39-21, 40-21, AND 41-21; 35W590 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 1), 35W655 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 2), 35W530 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 3), 35W660 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 4), AND 35W645 AND 35W625 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 5) FOR APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PRELIMINARY AND FINAL PLAT OF SUBDIVISION, AND PLANNED DEVELOPMENT AS A MAP AMENDMENT TO CONSTRUCT TWO LIGHT-INDUSTRIAL BUILDINGS

Mayor Kaptain declared the public hearing open.

Marc Mylott, Community Development Director, outlined Petition 39-21, 40-21, AND 41-21; 35W590 Tollgate Road, Dundee, Il 60118 (Parcel 1), 35W655 Tollgate Road, Dundee, Il 60118 (Parcel 2), 35W530 Tollgate Road, Dundee, Il 60118 (Parcel 3), 35W660 Tollgate Road, Dundee, Il 60118 (Parcel 4), and 35W645 and 35W625 Tollgate Road, Dundee, Il 60118 (Parcel 5). The petition is an application for annexation for a planned development to construct two light industrial buildings. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

There was discussion regarding the boundary agreement with Sleepy Hollow and sales tax split, the impact on traffic, and the status of the historically significant home located on the property.

Mayor Kaptain declared the public hearing closed.

PETITIONS 39-21, 40-21, AND 41-21 APPROVED FOR 35W590 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 1), 35W655 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 2), 35W530 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 3), 35W660 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 4), AND 35W645 AND 35W625 TOLLGATE ROAD, DUNDEE, IL 60118 (PARCEL 5) FOR APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PRELIMINARY AND FINAL PLAT OF SUBDIVISION, AND PLANNED DEVELOPMENT AS A MAP AMENDMENT TO CONSTRUCT TWO LIGHT-INDUSTRIAL BUILDINGS

Councilmember Dixon made a motion, seconded by Councilmember Martinez, to approve Petitions 39-21, 40-21 and 41-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

AUTHORIZATION FOR PAYMENT TO STANDARD EQUIPMENT COMPANY FOR TIME AND MATERIAL TOWARDS THE REPAIR OF FLEET VEHICLE #257 – 2013 INTERNATIONAL UTILITIES VACTOR TRUCK

Councilmember Powell made a motion, seconded by Councilmember Thoren, to approve payment to Standard Equipment Company in the amount of $67,799 for time and material towards the repair of fleet vehicle #257 – 2013 International Utilities Vactor Truck. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

CONSENT AGENDA

By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G57-21 through G60-21 and adopt Resolution Nos. 21-161 through 21-164 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 21-161 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE ELGIN MEMORY CARE SUBDIVISION

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

Resolution No. 21-161

RESOLUTION

ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE ELGIN MEMORY CARE SUBDIVISION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the Elgin Memory Care Subdivision which will include streets, curb and gutter, sidewalks, sanitary sewer, storm sewers, watermains and parkway improvements. Acceptance of the public improvements will add the following city maintained facilities: approximately 1,405 lineal feet of 8-inch water main; one 8-inch valve in a four-foot vault; two 8-inch valves in 6-foot vaults; 6 fire hydrants with 6-inch auxiliary valves; 894 lineal feet of 8-inch PVC sanitary sewer; six 4-foot diameter sanitary manholes; 5 street lights, 2 street signs; 462 lineal feet of improved street; 1,657 lineal feet of curb and gutter; 3,735 square feet of sidewalk; 26 parkway trees and their appurtenances to the City maintained facilities.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 3, 2021

Adopted: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-162 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE POPLAR CREEK FLOOD MITIGATION MASTER PLAN PROJECT

Resolution No. 21-162

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE POPLAR CREEK FLOOD MITIGATION MASTER PLAN 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 an Agreement on behalf of the City of Elgin with HR Green, Inc., for professional services in connection with the Poplar Creek Flood Mitigation Master Plan Project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 3, 2021

Adopted: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-163 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH SCHROEDER AND SCHROEDER INC. FOR 2021 NEIGHBORHOOD SIDEWALK REPAIR PROGRAM (BID 21-023)

Resolution No. 21-163

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH SCHROEDER AND SCHROEDER INC. FOR 2021 NEIGHBORHOOD SIDEWALK REPAIR PROGRAM (BID 21-023)

WHEREAS, the City of Elgin has heretofore entered into a contract with Schroeder and Schroeder Inc. for 2021 neighborhood sidewalk repair program (Bid 21-023); 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 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, 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: November 3, 2021

Adopted: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-164 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ARROW ROAD CONSTRUCTION COMPANY FOR VARIOUS SITE IMPROVEMENTS IN CONNECTION WITH THE NANCY KIMBALL COBBLESTONE HOUSE (302 W. CHICAGO STREET)

Resolution No. 21-164

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH ARROW ROAD CONSTRUCTION COMPANY FOR VARIOUS SITE IMPROVEMENTS IN CONNECTION WITH THE NANCY KIMBALL COBBLESTONE HOUSE

(302 W. Chicago Street)

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 Arrow Road Construction Company, for various site improvements in connection with the Nancy Kimball Cobblestone house located at 302 W. Chicago Street, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 3, 2021

Adopted: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G57-21 PASSED RECLASSIFYING TERRITORY IN THE GI GENERAL INDUSTRIAL DISTRICT, CF COMMUNITY FACILITY DISTRICT, PRC PLANNED RESIDENCE CONSERVATION DISTRICT, AND PCF PLANNED COMMUNITY FACILITY DISTRICT TO A NEW PCF PLANNED COMMUNITY FACILITY DISTRICT (1700 SPARTAN DRIVE, ELGIN COMMUNITY COLLEGE)

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

Ordinance No. G57-21

AN ORDINANCE

RECLASSIFYING TERRITORY IN THE GI GENERAL INDUSTRIAL DISTRICT, CF COMMUNITY FACILITY DISTRICT, PRC PLANNED RESIDENCE CONSERVATION DISTRICT, AND PCF PLANNED COMMUNITY FACILITY DISTRICT TO A NEW PCF PLANNED COMMUNITY FACILITY DISTRICT

(1700 Spartan Drive, Elgin Community College)

WHEREAS, written application has been made to reclassify certain property located at 1700 Spartan Drive from GI General Industrial District, CF Community Facility District, and PRC Planned Residence Conservation District to PCF Planned Community Facility District; and

WHEREAS, the zoning lot containing the premises at 1700 Spartan Drive is legally described herein (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on November 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 planned development as a map amendment reclassifying property from GI General Industrial District, CF Community Facility District, and PRC Planned Residence Conservation District to a PCF Planned Community Facility 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 Ordinance No. G37-20, entitled “An Ordinance Reclassifying Territory in the NB Neighborhood Business District to a PCF Planned Community Facility District (600 S. McLean Boulevard)” passed September 9, 2020, is hereby repealed.

Section 2. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 4, 2021, 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 3. 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:

The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property:

That part of Sections 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of Northeast Quarter of Southwest Quarter of said Section 21; thence North along the West line of said Northeast Quarter of Southwest Quarter, 624.99 feet to the intersection of a line that is 30.0 feet as measured perpendicular, Southerly of and parallel with the Northerly line of property previously owned by the State of Illinois per Document No. 498148 for the point of beginning; the last described point also being the Northwest corner of Lot 9 of Spartan Green Subdivision, a subdivision of said Section 21; thence North 0 degrees 04 minutes 33 seconds East along said West line 30.19 feet measured to the North line of said Document No. 498148; thence North 88 degrees 52 minutes 13 seconds East along said North line 2409.23 feet to the Southwest corner of Burnidge Bros. Industrial Park College View, being a subdivision of part of said Section 21; thence North 01 degree 04 minutes 56 seconds West along the West line of said subdivision 264.73 feet measured (264.84 feet record) to the South line of Gale Street; thence North 88 degrees 55 minutes 09 seconds East along said South line 296.85 feet to the East line of Belmont Avenue; thence North 01 degree 01 degree 50 minutes West along said East line 30.02 feet to the Southwest corner of Lot 20 of said subdivision; thence North 88 degrees 59 minutes 24 seconds East along the South line thereof 130.09 feet measured (130.0 feet record) to the Southeast corner of said Lot; (also being on the West line of Burnidge Bros. Industrial Park Unit No.4; (being a subdivision of part of said Section 21); thence North 01 degree 04 minutes 22 seconds West along said West line 756.22 feet to the Northwest corner of Lot 18 of said subdivision; thence North 88 degrees 56 minutes 29 seconds East along the North line of said Lot, 302.03 feet measured (302.01 feet record) to the West line of Renner Drive; (the next 4 courses being along said West line of Renner Drive); thence South 01 degree 03 minutes 27 seconds East 208.65 feet; thence Southeasterly along a curve to the left having a radius of 278.35 feet an arc distance of 110.60 feet; (the chord of the last described curve bearing South 12 degrees 26 minutes 27 seconds East, 109.87 feet) to a point of compound curve; thence Southeasterly along a curve to the right having a radius of 218.36 feet an arc distance of 86.76 feet, (the chord of the last described curve bearing South 12 degrees 26 minutes 27 seconds East 86.19 feet); thence South 01 degree 01 minute 44 seconds East 352.63 feet measured (352.85 feet record) to the Northeast corner of Lot 13 in said Unit No. 4; thence North 89 degrees 22 minutes 46 seconds East along the Easterly extension of said North line of Lot 13, 60.0 feet to the East line of Renner Drive; thence South 01 degree 06 minutes 36 seconds East along said East line 14.45 feet; thence Southeasterly along said East line, being on a curve to the left having a radius of 40.0 feet, an arc distance of 6.13 feet, (the chord of the last described curve bearing South 05 degrees 28 minutes 54 seconds East 6.13 feet) to the Northwest corner of Lot 12 in said Unit No. 4; thence North 89 degrees 24 minutes 18 seconds East along said North line, also along the North line of Lot 3 of Burnidge Bros. Industrial Park Unit No. 2 and said line extended Easterly (a subdivision of said Section 21), Also the North line of Lot 3 in Burnidge Bros. Industrial Park Block D of Unit 1 (a subdivision of Section 22 aforesaid), a distance of 1257.90 feet to a point that is 17.21 feet West of (as measured along the North line thereof), the Northeast corner of said Lot 3; thence South 00 degrees 35 minutes 39 seconds East 263.21 feet to the South line of said Lot 3; thence North 88 degrees 51 minutes 23 seconds East along the South line of said Block D of Unit No. 1, 1285.30 feet to the Northwest corner of Burnidge Bros. Industrial Park Unit No. 5, a subdivision of said Section 22; thence South 08 degrees 07 minutes 55 seconds West along said West line and said West line extended Southwesterly 411.23 feet measured (411.55 feet Deed); thence South 81 degrees 17 minutes 44 seconds East 318.16 feet to the West line of McLean Boulevard; thence Southwesterly along said West line being on a curve to the left having a radius of 4249.43 feet, an arc distance of 49.56 feet (the chord of the last described curve bearing South 11 degrees 29 minutes 40 seconds West, 49.56 feet) to the North line of Spartan Drive per Document No. 1104835; (the next 5 courses being along said North line of Document No. 1104835); thence North 81 degrees 17 minutes 53 seconds West 314.62 feet; thence Westerly and Southwesterly along a curve to the left having a radius of 530.0 feet, an arc distance of 430.28 feet, (the chord of the last described curve bearing South 75 degrees 26 minutes 31 seconds West, 418.56 feet); thence South 52 degrees 11 minutes 14 seconds West 1286.35 feet; thence Southwesterly and Westerly along a curve to the right having a radius of 720.0 feet, an arc distance of 471.31 feet (the chord of the last described curve bearing South 70 degrees 56 minutes 18 seconds West 462.94 feet); thence South 89 degrees 41 minutes 33 seconds West 745.32 feet to the East line of Road Dedication by Document No. 2003K084661; thence North 0 degrees 13 minutes 43 seconds West along said East line 5.0 feet; (the next 6 courses being along the North line of said Document No. 2003K084661); thence South 89 degrees 41 minutes 33 seconds West 81.98 feet; thence Northwesterly along a curve to the right having a radius of 715.0 feet, an arc distance of 753.47 feet, (the chord of the last described curve bearing North 60 degrees 06 minutes 42 seconds West, 719.09 feet); thence North 29 degrees 55 minutes 23 seconds West 123.23 feet; thence Northwesterly along a curve to the left having a radius of 635.0 feet, an arc distance of 697.34 feet, (the chord of the last described curve bearing North 61 degrees 23 minutes 01 second West 662.82 feet); thence South 87 degrees 09 minutes 28 seconds West 285.16 feet; thence Southwesterly along a curve to the left having a radius of 635.0 feet, an arc distance of 148.42 feet (the chord of the last described curve bearing South 80 degrees 27 minutes 36 seconds West, 148.08 feet) to the West line of the Southeast Quarter of said Section 21, also being the Southeast corner of Lot 10 of Spartan Green Subdivision, aforesaid; thence North 0 degrees 04 minutes 16 seconds West along the East line of said Lot 10, 7.94 feet to the Northeast corner thereof; thence South 89 degrees 05 minutes 54 seconds West along said North line 472.80 feet; thence North 57 degrees 37 minutes 43 seconds West along the Southeasterly extension of Lot 2 of said Spartan Green, and along said East line, 162.59 feet to a jog in said East line; thence North 31 degrees 56 minutes 11 seconds West along said East line 162.05 feet measured (162.03 feet record) to the most Easterly Southeast corner of Lot 9 of said Spartan Green; thence North 08 degrees 12 minutes 54 seconds West along the East line of said Lot 9, 360.98 feet measured (360.85 feet record) to the Northeast corner of said Lot 9; thence South 88 degrees 50 minutes 07 seconds West along the North line of said Lot 9, 518.56 feet measured (518.58 feet record) to the point of beginning;

Also that part of the East Half of the Southeast Quarter of said Section 21, Township 41 North, Range 8 described as follows: Beginning at the Southwest corner of Southeast Quarter of said Section 21, (also being the Northwest corner of College Green Unit No. 8, a subdivision of Section 28, Township and Range aforesaid; thence North 89 degrees 10 minutes 37 seconds East along the South line of said Southeast Quarter (also the North line of said College Green Unit No. 8), 1467.33 feet; thence North 06 degrees 15 minutes 49 seconds East 498.97 feet to the South line of Spartan Drive per Document No. 2003K084661, (the next 7 courses being along the South line of said Spartan Drive); thence Northwesterly along a curve to the right having a radius of 785.0 feet an arc distance of 651.14 feet; (the chord of the last described curve bearing North 53 degrees 41 minutes 07 seconds West, 632.63 feet); thence North 29 degrees 55 minutes 23 seconds West 123.23 feet; thence Northwesterly along a curve to the left having a radius of 565.0 feet an arc distance of 620.47 feet, (the chord of the last described curve bearing North 61 degrees 22 minutes 54 seconds West 589.76 feet); thence South 87 degrees 09 minutes 28 seconds West 285.16 feet; thence Southwesterly along a curve to the left having a radius of 565.0 feet an arc distance of 334.78 feet, (the chord of the last described curve bearing South 70 degrees 10 minutes 52 seconds West 329.90 feet); thence South 53 degrees 12 minutes 29 seconds West 828.10 feet; thence Southwesterly along a curve to the left having a radius of 365.0 feet, an arc distance of 194.04 feet (the chord of the last described curve bearing South 38 degrees 00 minutes 01 seconds West 191.76 feet) to the Northerly line of the Plat of Condominium for the Townhomes of Woodbridge, located in the Southwest Quarter of said Section 21; (the next 11 courses being along the Northerly lines of said Plat of Condominium; thence Easterly along a curve to the right having a radius of 250.0 feet an arc distance of 59.91 feet (the chord of the last described curve bearing North 85 degrees 51 minutes 52 seconds East 59.77 feet); thence South 87 degrees 09 minutes 59 seconds East 102.15 feet measured (102.18 feet record); thence Easterly along a curve to the left having a radius of 795.0 feet an arc distance of 182.28 feet (the chord of the last described curve bearing North 86 degrees 13 minutes 13 seconds East, 181.89 feet); thence North 79 degrees 47 minutes 10 seconds East 11.28 feet; thence North 09 degrees 24 minutes 05 seconds West 94.28 feet; thence North 80 degrees 36 minutes 57 seconds East 178.41 feet measured (178.36 feet record); thence South 77 degrees 06 minutes 53 seconds East 105.78 feet; thence South 61 degrees 04 minutes 45 seconds East 123.49 feet measured (123.53 feet record); thence South 28 degrees 54 minutes 45 seconds West 81.89 feet; thence South 45 degrees 42 minutes 34 seconds East 45.11 feet measured (45.19 feet record); thence North 87 degrees 13 minutes 07 seconds East 224.63 feet to the West line of said Southeast Quarter of Section 21; thence South 00 degrees 04 minutes 16 seconds East 467.70 feet to the point of beginning, all in the City of Elgin, Kane County, Illinois, and

That part of the Southeast Quarter of Section 21, and part of the Southwest Quarter of Section 22, all in Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the Southeast corner of said Southeast Quarter of Section 21; thence South 89 degrees 10 minutes 41 seconds West along the South line of said Southeast Quarter, a distance of 1186.14 feet; thence North 06 degrees 15 minutes 49 seconds East 498.97 feet to the South line of Spartan Drive per dedication by Document No. 2003K084661 recorded March 20, 2003; thence Southeasterly along said South line being on a curve to the left having a radius of 785.0 feet an arc distance of 176.10 feet (the chord of the last described curve bearing South 83 degrees 52 minutes 28 seconds East, 175.73 feet); thence North 89 degrees 41 minutes 32 seconds East along said South line 81.99 feet to a jog in said South line; thence North 0 degrees 18 minutes 41 seconds West 5.0 feet to the South line of Spartan Drive per dedication by Document No. 1104835, recorded December 27, 1967; thence North 89 degrees 41 minutes 32 seconds East along said South line 745.31 feet; thence Easterly and Northeasterly along said South line being on a curve to the left having a radius of 780.0 feet an arc distance of 422.05 feet (the chord of the last described curve bearing North 74 degrees 11 minutes 26 seconds East, 416.92 feet); thence South 01 degree 27 minutes 03 seconds East 576.18 feet to the South line of the Southwest Quarter of Section 22 aforesaid; thence South 88 degrees 32 minutes 57 seconds West along said South line 286.24 feet to the point of beginning, containing 16.0000 Acres, in the City of Elgin, Kane County, Illinois, and

That part of the Southwest Quarter of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Southwest corner of said Southwest Quarter; thence North 88 degrees 32 minutes 57 seconds East along the South line thereof, 286.24 feet to the point of beginning; thence continuing North 88 degrees 32 minutes 57 seconds East along said South line, 1006.91 feet to the Northeast corner of Lot 318 of College Green Subdivision Number 2, a subdivision of part of the Northwest Quarter of Section 27, and part of the Northeast Quarter of Section 28, Township and Range aforesaid; thence North 00 degree 26 minutes 38 seconds East, 1344.75 feet to the Southerly line of Spartan Drive per dedication by Document No. 1104835 recorded December 27, 1967; thence South 52 degrees 11 minutes 13 seconds West along said Southerly line 1213.54 feet; thence Southwesterly along said Southerly line being on a curve to the right having a radius of 780.0 feet an arc distance of 88.55 feet, (the chord of the last described curve bearing South 55 degrees 26 minutes 21 seconds West, 88.50 feet); thence South 01 degrees 27 minutes 03 seconds East, 576.18 feet to the point of beginning, containing 22.4156 +/- acres, in Kane County, Illinois, and

PARCEL ONE:

THAT PART OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST 1/4 AND THE CENTER LINE OF A PUBLIC HIGHWAY (MCLEAN BLVD); THENCE SOUTHWESTERLY ALONG SAID CENTER LINE OF SAID HIGHWAY 792 FEET TO AN ANGLE IN SAID HIGHWAY; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF SAID HIGHWAY 457.65 FEET TO A POINT 142.35 FEET NORTHERLY, MEASURED ALONG THE CENTER LINE OF SAID HIGHWAY, FROM THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 22, BEING THE NORTHEASTERLY CORNER OF LANDS CONVEYED TO GEORGE D. CARBARY AND LILLIAN L. CARBARY BY WARRANTY DEED DATED NOVEMBER 14, 1941 AND RECORDED DECEMBER 16, 1941 IN BOOK 1162, PAGE 165 AS DOCUMENT 481197 FOR A POINT OF BEGINNING; THENCE NORTH 76 DEGREES, 28 MINUTES, 00 SECONDS WEST 356.4 FEET ALONG SAID NORTHERLY LINE; THENCE NORTH 13 DEGREES, 19 MINUTES, 00 SECONDS EAST 99.3 FEET; THENCE SOUTH 76 DEGREES, 28 MINUTES, 00 SECONDS EAST 362 FEET TO A POINT IN THE CENTER LINE OF SAID PUBLIC HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, BEING ON A CURVE TO THE LEFT 100 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART LYING SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE EASTERLY LINE 50 FEET NORTHERLY OF THE SOUTHEAST CORNER THEREOF TO A POINT ON THE WESTERLY LINE 49.65 FEET NORTHERLY OF THE SOUTHWEST CORNER THEREOF; ALSO EXCEPT THAT PART OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SPARTAN DRIVE EXTENDED EASTERLY AND THE CENTER LINE OF MCLEAN BOULEVARD; THENCE NORTHERLY 50.00 FEET ALONG THE CENTER LINE OF MCLEAN BOULEVARD, SAID CENTER LINE BEING A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 4,193.46 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY 50.00 FEET ALONG SAID CENTER LINE; THENCE WESTERLY 40.09 FEET ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 2 OF BURNIDGE BROS. INDUSTRIAL PARK, UNIT NO. 5, TO THE SOUTHEASTERLY CORNER THEREOF ON AN ASSUMED BEARING OF NORTH 80 DEGREES, 35 MINUTES, 35 SECONDS WEST TO A POINT ON A 4,233.46 RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARS SOUTH 76 DEGREES, 45 MINUTES, 28 SECONDS EAST FROM SAID POINT; THENCE SOUTHERLY ALONG SAID CURVE 49.97 FEET, CENTRAL ANGLE OF 0 DEGREES, 40 MINUTES, 35 SECONDS, PARALLEL TO THE CENTER LINE OF MCLEAN BOULEVARD; THENCE 80 DEGREES, 33 MINUTES, 08 SECONDS EAST 40.06 FEET TO THE POINT OF BEGINNING) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.

PARCEL TWO:

LOT 2 OF BURNIDGE BROS. INDUSTRIAL PARK, UNIT NO. 5, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.

(Commonly known as 1700 Spartan Drive)

Section 4. That the City Council of the City of Elgin hereby grants the rezoning from GI General Industrial District, CF Community Facility District, and PRC Planned Residence Conservation District to PCF Planned Community Facility District at 1700 Spartan Drive which shall be designed, developed, and operated subject to the following provisions:

A. Purpose and Intent. The purpose of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis.

B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.

C. General Provisions. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended.

D. Zoning Districts; Generally. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended.

E. Location and Size of District. PCF Planned Community Facility Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF Planned Community Facility District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned community facility district shall be granted by the City Council.

F. Land Use. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PCF Planned Community Facility District:

1. Permitted Uses. Those land uses enumerated as permitted uses within the CF Community Facility District, Section 19.30.130 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

2. Conditional Uses. Those land uses enumerated as conditional uses within the CF Community Facility District, Section 19.30.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

G. Site Design. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site Design”, of the Elgin Municipal Code, as amended, and Section 19.30.135 “Site Design” for CF Community Facility District, of the Elgin Municipal Code, as amended.

H. Off Street Parking. In this PCF Planned Community Facility District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended.

I. Off Street Loading. In this PCF Planned Community Facility District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended.

J. Signs. In this PCF Planned Community Facility District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended.

K. Nonconforming Uses and Structures. In this PCF Planned Community Facility District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended.

L. Amendments. In this PCF Planned Community Facility District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended

M. Planned Developments. In this PCF Planned Community Facility District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PCF zoning district.

N. Conditional Uses. In this PCF Planned Community Facility District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PCF zoning district.

O. Variations. In this PCF Planned Community Facility District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PCF zoning district.

P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended.

Section 5. 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: November 3, 2021

Passed: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: November 3, 2021

Published: November 5, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G58-21 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" REGARDING AREAS OF SPECIAL CHARACTER

Ordinance No. G58-21

AN ORDINANCE

AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” REGARDING AREAS OF SPECIAL CHARACTER

WHEREAS, written application has been made to amend Section 19.50.105 of the Elgin Zoning Ordinance entitled “Areas of Special Character”; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 4, 2021, 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, regulations in the city’s zoning ordinance relating to the areas of special character for street graphics, pertain 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 Subsection A. 4. of Section 19.50.105. of the Elgin Municipal Code, 1976, as amended, entitled "Areas of Special Character" be and is hereby amended in its entirety to read as follow:

4. The Community College District 509, property commonly known as 1700 Spartan Drive, located south of State Route 20, north of the College Green Subdivision, west of McLean Boulevard, and east of Randall Road, and which such zoning lots are occupied by the approximately two hundred twenty one (221) acre campus of Elgin Community College.

Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.

Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 3, 2021

Passed: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: November 3, 2021

Published: November 5, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G59-21 PASSED AMENDING ORDINANCE NO. G48-10 ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE COMMUNITY COLLEGE DISTRICT #509 AREA OF SPECIAL CHARACTER (1700 SPARTAN DRIVE, ELGIN COMMUNITY COLLEGE)

Ordinance No. G59-21

AN ORDINANCE

AMENDING ORDINANCE No. G48-10 ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE COMMUNITY COLLEGE DISTRICT #509 AREA OF SPECIAL CHARACTER

(1700 Spartan Drive - Elgin Community College)

WHEREAS, by adopting Ordinance No. G48-10 on October 13, 2010, the City Council established special regulations for street graphics within the Community College District #509 Area of Special Character; and

WHEREAS, written application has been made to amend Ordinance No. G48-10 regarding the definition of the Area of Special Character; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 4, 2021, 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 an amendment to Ordinance No. 48-10 regarding the definition of the Area of Special Character 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 January 4, 2021, 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 Section 1. A. of Ordinance No. G48-10, entitled “Area Defined” is hereby amended in its entirety to read as follows:

1. Area Defined: Community College District #509, an Area of Special Character defined as The Community College District #509 property commonly known as 1700 Spartan Drive, located South of State Route 20, North of the College Green Subdivision, West of McLean Boulevard, and East of Randall Road, and which such zoning lots are occupied by the approximately 221-acre campus of Elgin Community College.

Section 3. That except as amended herein, the development of street graphics within the Community College District #509 area of special character shall be controlled pursuant to the provisions of Ordinance No. G48-10. In the event of any conflict between this ordinance, and Ordinance No. G48-10, this ordinance and associated documents shall control and prevail.

Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 3, 2021

Passed: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: November 3, 2021

Published: November 5, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

504

VOLUME LXXXVI NOVEMBER 3, 2021

ORDINANCE G60-21 PASSED REGARDING A CONDITIONAL USE FOR A CHURCH AT 115 SOUTH GROVE AVENUE, SUITE 210-211 AND FUTURE RETAIL LIQUOR LICENSES

Ordinance No. G60-21

AN ORDINANCE

REGARDING A CONDITIONAL USE FOR A CHURCH AT 115 SOUTH GROVE AVENUE, SUITE 210-211 AND FUTURE RETAIL LIQUOR LICENSES

WHEREAS, the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.) contains certain regulations pertaining to the location of liquor license establishments in close proximity to churches and schools; and

WHEREAS, subsection 6-11 (a) of the Illinois Liquor Control Act (235 ILCS 5/6-11 (a)) provides in relevant part that no license shall be issued for the sale or retail of any alcoholic liquor within one hundred feet of any church; and

WHEREAS, written application has been made requesting conditional use (also known as a special use) approval for a church at the property commonly known as 115 South Grove Avenue, Suite 210-211, Elgin, Illinois 60120 (“115 South Grove Avenue, Suite 210-211”); and

WHEREAS, there is a pre-existing liquor license to sell alcoholic liquor at retail at the property commonly known as 200 Prairie Street, Elgin, Illinois 60120 (“200 Prairie Street”), and

WHEREAS, the pre-existing liquor license premises at 200 Prairie Street is located within 100 feet of 110-115 South Grove Avenue, Suite 210-211; and

WHEREAS, subsection 6-11 (f) of the Illinois Liquor Control Act (235 ILCS 5/6-11 )f)) specifically addresses situations in which a church seeks to locate within 100 feet of a property having a preexisting liquor license as follows:

Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or in a municipality with 75,000 or more inhabitants from locating within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail. In these instances, the local zoning authority may, by ordinance adopt simultaneously with the granting of an initial special use zoning permit for the church or church affiliated school, provide that the 100-foot restriction in this Section shall not apply to that church or church affiliated school and future retail liquor license. 235 ILCS 5/6-11 (f) (emphasis supplied).

WHEREAS, the City of Elgin is both a home rule municipality and is a municipality with 75,000 or more inhabitants; and

WHEREAS, the City Council of the City of Elgin is the local zoning authority for the City of Elgin; and

WHEREAS, the granting of a conditional use approval under the City of Elgin’s zoning ordinance is equivalent to and is the same as a special use zoning permit referred to in subsection 6-11 (f) of the Illinois Liquor Control Act (235 ILCS 5/6-11 (f)); and

WHEREAS, both 115 South Grove Avenue, Suite 210-211 and 200 Prairie Street are located within the CC1 Center City District; and

WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt this ordinance simultaneously with the granting of a conditional use for the church at 115 South Grove Avenue, Suite 210-211 whereby the 100-foot restriction in Section 6- 11 (a) of the Illinois Liquor Control Act shall not apply to any church or church affiliated school and future retail liquor licenses within 100 feet of 115 South Grove Avenue, Suite 210-211.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. That the forgoing recitals are hereby incorporated into this ordinance in their entirety as if fully set forth in this section.

Section 2. That this ordinance is being adopted simultaneously with Ordinance No. G55-21 providing for the granting of an initial conditional sue (also known as a special use zoning permit) for a church to be located at the property commonly known as 115 South Grove Avenue, Suite 210-211. Pursuant to 235 ILCS 5/6-11 (f), the 100-foot restriction for the issuance of a liquor license to sell alcoholic liquor at retail within 100 feet of a church or church affiliated school provided for in 235 ILCS 5/6-11 (a) shall not apply to the church or church affiliated school at 115 South Grove Avenue, Suite 210-211, and future retail liquor licenses to be issued within 100 feet of such premises at 115 South Grove Avenue, Suite 210-211.

Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed.

Section 4. That this ordinance shall be full in force and effect upon its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 3, 2021

Passed: November 3, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: November 3, 2021

Published: November 5, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE None.

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

Councilmember Martinez made a motion, seconded by Councilmember Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

The meeting adjourned at 8:12 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/7676

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