City of Elgin City Council met Oct. 26

By Angelica Saylo Pilo

Jan 27, 2023

City of Elgin City Council met Oct. 26.

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 7:15 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.

MINUTES OF THE OCTOBER 12, 2022, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Martinez made a motion, seconded by Councilmember Steffen, to approve the October 12, 2022, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

Domestic Violence Awareness Proclamation

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, domestic violence continues to be a prevalent problem and is not confined to any group of people regardless of gender, race, religion, ethnicity, or economic class, and is supported by societal indifference; and

WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security, and humanity through the systematic use of physical, emotional, sexual, psychological, and economic control and abuse; and

WHEREAS, the impact of domestic violence ranges across the entire society, directly affecting families, schools, and neighborhoods everywhere; and

WHEREAS, it is fitting to set aside a special time to bring this issue to the attention of all residents of the City of Elgin so they can become better informed and involved in programs to eliminate this epidemic from our society.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the month of October 2022 as Domestic Violence Awareness Month in the City of Elgin and encourage our residents to join forces with victim services programs, criminal justice officials, and concerned citizens across the country to raise public awareness of domestic violence.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of October 2022.

David J. Kaptain

Mayor

Rotary Club Proclamation

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, Rotary is a global network of neighbors, friends, leaders and problem solvers who unite and take action to create lasting change in communities across the globe, and the motto, Service Above Self, inspires members to provide humanitarian service, follow high ethical standards and promote goodwill and peace in the world; and

WHEREAS, In 1985, Rotary launched PolioPlus and in 1988 helped establish the Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF, the Bill & Melinda Gates Foundation and Gavi, the Vaccine Alliance, to immunize the children of the world against polio, which cases have dropped by 99.9 percent since 1988 and the world stands on the threshold of eradicating the disease; and

WHEREAS, To date, Rotary has contributed more than $2.2 billion and countless volunteer hours to protecting nearly 3 billion children in 122 countries and is working to raise an additional $50 million per year, which would be leveraged for maximum impact by an additional $100 million annually from the Bill & Melinda Gates Foundation and these efforts are providing much-needed operational support, medical staff, laboratory equipment and educational materials for health workers and parents; and

WHEREAS, In addition, Rotary has played a major role in decisions by donor governments to contribute more than $10 billion to the effort; and

WHEREAS, There are over 1.4 million Rotary members in 45,000 clubs throughout the world that sponsor service projects to address such critical issues as poverty, disease, hunger, illiteracy and the environment in their local communities and abroad.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim October 24 as WORLD POLIO DAY and encourage all citizens to join me and rotary International in the fight for a polio free world.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of October 2022.

David J. Kaptain

Mayor

PUBLIC COMMENTS

None.

BID 22-054 AWARDED TO SCHROEDER ASPHALT SERVICES, INC. FOR FOX RIVER BIKE TRAIL AND BOWES CREEK GOLF COURSE PATH IMPROVEMENTS

Councilmember Shaw made a motion, seconded by Councilmember Dixon, to approve a contract with Schroeder Asphalt Services, Inc.in the amount of $159,701 to refurbish asphalt on the city owned portion of the Fox River Bike Trail, plus golf course cart paths at the Bowes Creek Country Club. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 22-052 AWARDED TO MANEVAL CONSTRUCTION FOR ELGIN SPORTS COMPLEX DRAINAGE AND PAVING IMPROVEMENTS

Councilmember Good made a motion, seconded by Councilmember Martinez, to approve a contract with Maneval Construction in the amount of $110,997 to repair the drainage system near the BMX track and pave its surrounding area. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

536

VOLUME LXXXVII OCTOBER 26, 2022

PETITION 34-22 APPROVED FOR SOUTHWEST CORNER OF NESLER ROAD AND MARIGOLD DRIVE; PRELIMINARY AND FINAL PLAT OF SUBDIVISION FOR WEST POINT GARDENS SOUTH PHASE 3 SUBDIVISION TO ESTABLISH 74 SINGLE-FAMILY LOTS

Marc Mylott, Community Development Director, outlined Petition 34-22 for the southwest corner of Nesler Road and Marigold Drive. The petition allows for a plat of subdivision for West Point Gardens South Phase 3 to establish 74 single family lots. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve Petition 34-22 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 31-22, 32-22, AND 33-22 FOR 1630 VILLA STREET; ANNEXATION AGREEMENT, ANNEXATION, PLANNED DEVELOPMENT AS A MAP AMENDMENT, AND CONDITIONAL USE TO CONSTRUCT A NEW GAS STATION WITH AN ACCESSORY CONVENIENCE STORE

Mayor Kaptain declared the public hearing open.

Marc Mylott, Community Development Director, outlined Petitions 31-22, 32-22 and 33-22 for 1630 Villa Street. The petition allows for an annexation, planned development as a map amendment and a conditional use to construct a gas station with a convenience store. Mr. Mylott outlined the plans for the eight acres including intersection improvements, additional trees and landscaping and infrastructure to allow for electric vehicle charging stations in the future. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

There was discussion regarding the impact on traffic, the flow of truck traffic on the site, lighting, the hours of operation and sale of alcohol.

Mayor Kaptain declared the public hearing closed.

PETITIONS 31-22, 32-22, AND 33-22 APPROVED FOR 1630 VILLA STREET; ANNEXATION AGREEMENT, ANNEXATION, PLANNED DEVELOPMENT AS A MAP AMENDMENT, AND CONDITIONAL USE TO CONSTRUCT A NEW GAS STATION WITH AN ACCESSORY CONVENIENCE STORE

Councilmember Steffen made a motion, seconded by Councilmember Powell, to add the condition to install 300 feet of sidewalk to create connectivity with the neighboring subdivision. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

There was discussion regarding the cost to install and who would maintain the proposed sidewalk. Representatives for the petitioner stated they would be willing to accept this condition.

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 31-22, 32-22, and 33-22 subject to conditions. 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 Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G59-22 through G61-22 and adopt Resolution Nos. 22-181 through 22-190 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 22-181 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DLA ARCHITECTS, LTD. FOR PROFESSIONAL SERVICES IN CONNECTION WITH DUPAGE COURT REVITALIZATION PROJECT

Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 22-181

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH DLA ARCHITECTS, LTD. FOR PROFESSIONAL SERVICES IN CONNECTION WITH DUPAGE COURT REVITALIZATION 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 DLA Architects, Ltd., for professional services in connection with DuPage Court revitalization project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Adopted: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-182 ADOPTED FOR IMPROVEMENT UNDER THE ILLINOIS HIGHWAY CODE FOR THE APPROPRIATION OF 2009 MOTOR FUEL TAX FUNDS IN CONNECTION WITH THE ROUTE 31/STATE STREET & WING STREET INTERSECTION IMPROVEMENTS

RESOLUTION 22-182 IS ON FILE IN THE CLERK’S OFFICE

RESOLUTION 22-183 ADOPTED FOR IMPROVEMENT UNDER THE ILLINOIS HIGHWAY CODE FOR THE APPROPRIATION OF 2011 MOTOR FUEL TAX FUNDS IN CONNECTION WITH THE CENTRAL BUSINESS DISTRICT TRAFFIC SIGNAL INTERCONNECTION PROJECT

RESOLUTION 22-183 IS ON FILE IN THE CLERK’S OFFICE

RESOLUTION 22-184 ADOPTED FOR IMPROVEMENT UNDER THE ILLINOIS HIGHWAY CODE FOR THE APPROPRIATION OF 2015 MOTOR FUEL TAX FUNDS IN CONNECTION WITH THE LARKIN AVENUE RESURFACING PROJECT

RESOLUTION 22-184 IS ON FILE IN THE CLERK’S OFFICE

RESOLUTION 22-185 ADOPTED REGARDING THE ILLINOIS DEPARTMENT OF TRANSPORTATION DOCUMENTATION REVIEW NO. 72 REGARDING THE RECEIPT OF MOTOR FUEL TAX FUNDS BY THE CITY OF ELGIN FOR THE PERIOD OF JANUARY 1, 2011 THROUGH DECEMBER 31, 2020

Resolution No. 22-185

RESOLUTION

REGARDING THE ILLINOIS DEPARTMENT OF TRANSPORTATION DOCUMENTATION REVIEW NO. 72 REGARDING THE RECEIPT OF MOTOR FUEL TAX FUNDS BY THE CITY OF ELGIN FOR THE PERIOD OF JANUARY 1, 2011 THROUGH DECEMBER 31, 2020

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Illinois Department of Transportation (IDOT) Documentation Review No. 72 covering the receipt and distribution of Motor Fuel Tax (MFT) Funds by the City of Elgin for the period beginning January 1, 2011 and ending December 31, 2020, a copy of which is attached hereto, having been presented to the Mayor and City Council, be and is hereby approved.

BE IT FURTHER RESOLVED, that the City Clerk of the City of Elgin be and is hereby directed that the attached IDOT Documentation Review No. 72 be filed and maintained as permanent record of the City of Elgin.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Adopted: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-186 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (AGREEMENT NO. HS-23-0036, 04-02)

Resolution No. 22-186

RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT

(Agreement No. HS-23-0036, 04-02)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $110,880 for occupant protection and impaired driving enforcement.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Debra Nawrocki, Chief Financial Officer, be and are hereby authorized and directed to execute a grant agreement with the State of Illinois and the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Adopted: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-187 ADOPTED AUTHORIZING THE PURCHASE OF AUTOMATED EXTERNAL DEFIBRILLATORS FROM SECOND CHANCE CARDIAC SOLUTIONS, INC.

Resolution No. 22-187

RESOLUTION AUTHORIZING THE PURCHASE OF AUTOMATED EXTERNAL DEFIBRILLATORS FROM SECOND CHANCE CARDIAC SOLUTIONS, INC.

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 purchase automated external defibrillators from Second Change Cardiac Solutions, Inc. for the total amount of $35,876 pursuant to the quotation therefore dated August 3, 2022, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Adopted: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-188 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION OF VALLEY CREEK SQUARE

Resolution No. 22-188

RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION OF VALLEY CREEK SQUARE

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision of Valley Creek Square, prepared by John T. Burnidge, dated June 20, 2022.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Adopted: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-189 ADOPTED APPROVING SETTLEMENTS OF CERTAIN LITIGATION

Resolution No. 22-189

RESOLUTION APPROVING SETTLEMENTS OF CERTAIN LITIGATION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the case of Elmar Bingcang and Sheila Bingcang v. Matthew R. Waterman and City of Elgin in Case No. 2016 L 000031 which includes payment in the total amount of $1,100,000 is approved.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Adopted: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-190 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH JP MORGAN CHASE BANK FOR THE PURCHASE OF PROPERTY COMMONLY KNOWN AS 24 EAST CHICAGO STREET, ELGIN

Resolution No. 22-190

RESOLUTION

AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH JP MORGAN CHASE BANK FOR THE PURCHASE OF PROPERTY COMMONLY KNOWN AS 24 EAST CHICAGO STREET, ELGIN

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 Real Estate Sales Contract on behalf of the City of Elgin with JP Morgan Chase Bank, for the purchase of property commonly known as 24 East Chicago Street, Elgin, for $450,000, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Adopted: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G59-22 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE AB AREA BUSINESS DISTRICT (28 TYLER CREEK PLAZA)

Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. G59-22

AN ORDINANCE

GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE AB AREA BUSINESS DISTRICT (28 Tyler Creek Plaza)

WHEREAS, written application has been made requesting conditional use approval to establish a commercial event space for activities pertaining to assembly of people at 28 Tyler Creek Plaza; and

WHEREAS, the zoning lot with the building containing the premises at 28 Tyler Creek Plaza is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and a commercial event space for activities pertaining to assembly of people is listed as a conditional use within the AB Area Business District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on September 12, 2022 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 AB Area 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 September 12, 2022, 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 commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 28 Tyler Creek Plaza, which is part of the property commonly identified by Kane County Property Index Numbers 06-03-376-015, 06-03-376-016, 06-03-376-017, and 06-03-376-020, and legally described as follows:

LOTS 3, 4, AND 6 IN TYLER CREEK PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT 1660686, IN KANE COUNTY, ILLINOIS

PARCEL 2:

EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AND DESCRIBED IN DECLARATION DOCUMENT 1660687, AS AMENDED FROM TIME TO TIME, ON AND over LOTS 1 AND 2 IN TYLER CREEK PLAZA SUBDIVISION AFORESAID AND ALSO OVER THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF BIG TIMBER ROAD, THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN BOULEVARD 882,12 FEET FROM THE PLACE OF BEGINNING; THENCE EASTERLY AND PARALLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 396.00 FEET TO A POINT ON THE NORTH LINE OF TYLER CREEK PLAZA SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE 398.72 FEET TO THE CENTER LINE OF NORTH MCLEAN BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 396.06 FEET TO THE PLACE OF BEGINNING (EXCEPT PART IN MCLEAN BOULEVARD) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (commonly known as 1-60 Tyler Creek Plaza)

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 Gilberto Conejo as applicant, and J7J Covina Center LLC, as property owner, received May 18, 2022, and supporting documents including:

a. Undated Conditional Use Statement of Purpose and Conformance, received September 8, 2022;

b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 7, 2002; and c. Architectural plans titled: ‘Interior Remodeling For New “G & A Super Fiesta Family Gathering Place”, Change of Use 28 Tyler Creek Plaza, Elgin, IL’, prepared by ALA Creative Design Inc., dated April 25, 2022, 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. Assembly uses permitted by this grant of conditional use shall include:

a. Business Dinners, Breakout Session, Round-Table Discussions, and/or Workshops;

b. Banquets (General);

c. Baby Showers and/or Bridal Showers;

d. Baptisms and/or Christenings;

e. Beer, Wine, Liquor, and/or Food Tastings;

f. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs;

g. Conferences, Conventions, and/or Seminars;

h. Colloquiums;

i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;

j. Corporate and/or Non-profit Events;

k. Couples Night Out Events;

l. Dance Classes, including but not limited to Zumba;

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. Holiday Parties;

v. 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;

w. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings;

x. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga;

y. Networking Events;

z. Plenary or General Sessions;

aa. Political Events;

bb. Press Conferences;

cc. Product Launch Events;

dd. Receptions;

ee. Retreats and Team Buildings Events;

ff. Sip and Paint Nights;

gg. Social Events;

hh. Symposiums;

ii. Themed Events;

jj. Vendor Fairs (Small Local Vendors);

kk. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and

ll. Other like assemblies of people.

3. 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.

4. 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.

5. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event.

6. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code.

7. Compliance with all applicable codes and ordinances.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Passed: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: October 26, 2022

Published: October 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G60-22 PASSED GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (ALCOHOLIC BEVERAGES) IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (818 SOUTH MCLEAN BOULEVARD)

Ordinance No. G60-22

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (ALCOHOLIC BEVERAGES) IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (818 South McLean Boulevard)

WHEREAS, written application has been made requesting conditional use approval to establish a drinking place (alcoholic beverages) at 818 South McLean Boulevard; and

WHEREAS, the zoning lot with the building containing the premises at 818 South McLean Boulevard is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District established by Ordinance No. G21-98, as amended by Ordinance No. G35-13, and ARC Arterial Road Corridor Overlay District, and a drinking place (alcoholic beverages) is listed as conditional uses within the PNB Planned Neighborhood Business District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on September 12, 2022, 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 PNB Planned Neighborhood Business District established by Ordinance G21-98, as amended by Ordinance No. G35-13, 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 2. That a conditional use for a drinking place (alcoholic beverages) is hereby granted for the property commonly known as 818 South McLean Boulevard, which is part of the property commonly identified by Kane County Property Index Number 06-27-101-013, and legally described as follows:

THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN COLLEGE GREEN UNIT 1, RECORDED AUGUST 12, 1988 AS DOCUMENT NO. 1926238; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF COLLEGE GREEN DRIVE AS DEDICATED BY DOCUMENT NO 1926240 ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 986.0 FEET AN ARC DISTANCE OF 341.74 TO A POINT OF TANGENCY, THENCE SOUTH 84 DEGREES 05 MINUTES 13 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE 119.08 FEET TO THE WESTERLY LINE OF MCLEAN BLVD. AS DEDICATED BY DOCUMENT NO. 1926240, THENCE SOUTHERLY ALONG SAID WESTERLY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 34427.50 FEET AN ARC DISTANCE OF503.01 FEET TO THE NORTHERLY LINE OF PINES DRIVE AS DEDICATED BY DOCUMENT NO. 1926240; THENCE NORTH 85 DEGREES 01 MINUTES 54 SECONDS WEST ALONG SAID NORTHERLY LINE 330.14 FEET TO THE SOUTHEAST CORNER OF LOT 6 OF COLLEGE GREEN UNIT 1 AFORESAID, THENCE NORTH 4 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE EASTERLY LINE OF SAID COLLEGE GREEN UNIT 1, 108.73 FEET; THENCE NORTH 13 DEGREES 04 MINUTES 35 SECONDS WEST CONTINUING ALONG SAID EASTERLY LINE 360.87 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF COLLEGE GREEN DRIVE WITH THE WESTERLY RIGHT-OF-WAY LINE OF MCLEAN BOULEVARD, ACCORDING TO THE PLAT OF DEDICATION RECORDED AS DOCUMENT NO. 1926240; THENCE SOUTHERLY 20.00 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE OF MCLEAN BOULEVARD, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 34,427.50 FEET AND AN ASSUMED CHORD BEARING SOUTH 00 DEGREES 00 MINUTES 38 SECONDS EAST, 20.00 FEET; THENCE NORTH 45 DEGREES 04 MINUTES 52 SECONDS WEST, 28.25 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF COLLEGE LINE OF COLLEGE GREEN DRIVE; THENCE NORTH 89 DEGREES 50 MINUTES 55 SECONDS EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF COLLEGE GREEN DRIVE, 20.00 FEET TO THE POINT OF BEGINNING IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (Commonly known as 800-826 South McLean Boulevard)

Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:

8. Substantial conformance to the Development Application submitted by Josefina Rivera/Emily Mexican Grill #2 Inc, as applicant, and Spartan-Elgin, LLC, as property owner, received July 22, 2022, and supporting documents including:

a. Undated Statement of Purpose and Conformance for Emily’s Mexican Grill 818 S McLean Blvd Elgin, IL 60123, received August 16, 2022;

b. Plat of Survey, prepared by Gerald Sopha, dated October 31, 2005; and c. Undated floor plan for restaurant expansion, dated received August 1, 2022; with such further revisions as required by the Community Development Director;

9. All street graphics must comply with the zoning ordinance requirements. 10. Compliance with all applicable codes and ordinances.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Passed: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: October 26, 2022

Published: October 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G61-22 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS

Ordinance No. G61-22

AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS

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

Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraph M thereof to read as follows:

“M. The number of Class E-1 licenses shall not exceed six (6) in number.”

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

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 26, 2022

Passed: October 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: October 26, 2022

Published: October 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

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

E-911 Board, August 18, 2022

Board of Health, August 9, 2022

Liquor Commission, September 14, 2022

Committee of the Whole, September 28, 2022

City Council, September 28, 2022

Sales Tax Revenue

Telecommunication Tax Revenue

Cannabis Revenue

Video Gaming Revenue

Riverboat Revenue

Disbursement Report

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

Councilmember Steffen made a motion, seconded by Councilmember Martinez, 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 7:59 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/8138

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