COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING

Transcription

1 SEPTEMBER 10, 2014 VOLUME LXXIX COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on September 10, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m. The Invocation was given by Pastor Gabriel Barden from the Seventh Day Adventist Church and the Pledge of Allegiance was led by the First Responders. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 27, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the August 27, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Hispanic Heritage Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the City of Elgin is home to many whose ancestry represents various nations from around the world, including the Spanish-speaking nations of Central America, South America, the Caribbean, Mexico, and Spain; and WHEREAS, the period of September 15 through October 15 has been proclaimed National Hispanic Heritage Month; and WHEREAS, Mexico, Chile, and five Latin American countries celebrate their independence days in September; and 342

2 VOLUME LXXIX SEPTEMBER 10, 2014 WHEREAS, various members of the Hispanic community have contributed to our prosperity and introduced a richness of culture, and have had a significant effect on the overall history of our city; and WHEREAS, Hispanics of Mexican, Puerto Rican, Cuban, Central and South American descent comprise the largest ethnic minority in Kane County and the City of Elgin. NOW, THEREFORE, in recognition of the significance of the events and all those succeeding events that have shaped the course of the United States, Latin America s, the Greater Antilles, and Elgin s mutual histories, I, David Kaptain, Mayor of the great City of Elgin, hereby salute Centro de Informacion, Club Guadalupano, Elgin Community College s Latino Heritage Month Committee, Elgin Community College s Organization of Latin American Students (OLAS), the Elgin Hispanic Network, the Hispanic Heritage Coalition, League of United Latin American Citizens (LULAC), Organizacion de Mexicanos de Elgin, Puerto Rican Heritage Organization, and Somos Colombia for their civic efforts on behalf of Hispanic- Americans, and endorse the events and celebration of Hispanic Heritage Month as an important cultural celebration, and do hereby proclaim September 15 through October 15, 2014, as HISPANIC HERITAGE MONTH in Elgin IN WITNESS WHEREOF, I have hereunto set my hand this 10 th Day of September, David J. Kaptain Mayor People s Climate March Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Global Climate Change represents a profound threat to all of us, especially our children and grandchildren; and WHEREAS, We encourage government bodies at the federal and state level to take the necessary actions to stop or even slow greenhouse gas emissions; and WHEREAS, Citizens themselves are now stepping up to demand that government take action against climate change at the People s Climate March in New York City on September 21 st. Throughout the country, local groups of citizens who cannot travel to New York City are holding their own People s Climate events on September 21 st in conjunction with the New York City observances; and WHEREAS, Fox Valley Citizens for Peace & Justice, along with several other Elgin based groups are planning an Elgin People s Climate March for that day. 343

3 SEPTEMBER 10, 2014 VOLUME LXXIX NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby express support for the People s Climate March of Elgin on Sunday, September 21 st IN WITNESS WHEREOF, I have hereunto set my hand this 10 th Day of September, David J. Kaptain Mayor Elgin Fire Department Citizen Life Saving Awards Chief Fahy presented the Fire Chief s Appreciation Award to Mary Camacho and the following citizens with the department s Life Saving Awards: Jan Walters, Ally Tescher, Lizette Anguiano, Teresa Martinez, Laurie Williams, and Christine Sala. RECOGNIZE PERSONS PRESENT Alex Thiersch thanked the city council for their consideration of his proposed project. He understands it a difficult issue and provided an update on the application process. Larry Brandes express his concerns about a recently installed parking lot in the Bowes Creek subdivision. Bill McMahon addressed the city council regarding a recently installed parking lot in the Bowes Creek subdivision. Linda Henderson commented on the response she received after stating her concerns at the last city council meeting regarding the parking lot installed in the Bowes Creek subdivision. Lisa Hopp stated her concerns regarding the proposed resolution in support of having a charter school in Elgin s U46 School District. BID AWARDED TO CUSTOM BUILT COMMERCIAL FENCE CORPORATION FOR BLUFF CITY CEMETERY IMPROVEMENTS Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Custom Built Commercial Fence Corporation in the amount of $46,319 for fencing replacement at Bluff City Cemetery. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 344

4 VOLUME LXXIX SEPTEMBER 10, 2014 APPROVED A JOB ORDER CONTRACTING BID TO F.H. PASCHEN FOR ROOF REPLACEMENTS ON VARIOUS CITY FACILITIES Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve a contract with F.H. Paschen in the amount of $184,979 for the replacement of roofs on various City facilities. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A COMMERCIAL PROPERTY LEASE AGREEMENT WITH 164 DIVISION, LLC FOR THE ELGIN ART SHOWCASE (164 DIVISION STREET) There was discussion regarding the outstanding code issues and what measures were being taken to rectify the situation. Councilmember Dunne made a motion, seconded by Councilmember Shaw, to amend the proposed agreement to reflect a one year lease term. Upon a roll call vote: Yeas: Councilmembers Dunne. Nays: Councilmembers Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Motion failed. Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. Resolution No RESOLUTION AUTHORIZING EXECUTION OF A COMMERCIAL PROPERTY LEASE AGREEMENT WITH 164 DIVISION, LLC FOR THE ELGIN ART SHOWCASE (164 Division Street) 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 respectively authorized and directed to execute a Commercial Property Lease Agreement with 164 Division, LLC for the Elgin Art Showcase for the premises commonly known as 164 Division Street, Suite , Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 345

5 SEPTEMBER 10, 2014 VOLUME LXXIX Presented: September 10, 2014 Adopted: September 10, 2014 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REMAND PETITION REQUESTING CONDITIONAL USE TO ESTABLISH A MEDICAL CANNABIS DISPENSING ORGANIZATION; PROPERTY LOCATED AT 1330 CRISPIN DRIVE; SALVEO HEALTH & WELLNESS, LTD AS APPLICANT, AND GARDEN 6 JOINT VENTURE LGP AS OWNER TO THE PLANNING AND ZONING COMMISSION Councilmember Powell made a motion, seconded by Councilmember Martinez, to reconsider the vote to remand Petition requesting Conditional Use to establish a Medical Cannabis Dispensing Organization; property located at 1330 Crispin Drive; Salveo Health & Wellness, Ltd as applicant, and Garden 6 Joint Venture LGP as owner to the Planning and Zoning Commission. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Shaw, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, Rauschenberger, and Steffen. There was a discussion of the implications of remanding the petition to the Planning and Zoning Commission Councilmember Powell made a motion, seconded by Councilmember Shaw, to remand Petition requesting Conditional Use to establish a Medical Cannabis Dispensing Organization; property located at 1330 Crispin Drive; Salveo Health & Wellness, Ltd as applicant, and Garden 6 Joint Venture LGP as owner to the Planning and Zoning Commission. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Shaw, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, Rauschenberger, and Steffen. CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. G47-14 through G49-14 and adopt Resolution Nos and by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 346

6 VOLUME LXXIX SEPTEMBER 10, 2014 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH ABCP INVESTMENTS, LLC (LOT 6 AND LOT 7-CAPITAL CORPORATE CENTER-1755 AND 1775 CAPITAL STREET) Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH ABCP INVESTMENTS, LLC. (Lot 6 and Lot 7-Capital Corporate Center and 1775 Capital Street) WHEREAS, the Owner of certain property commonly known as Lot 6 and Lot 7 of Capital Corporate Center, or by their street address at 1755 and 1775 Capital Street, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Second Amendment to Annexation Agreement with ABCP Investments, LLC, is in the best interests of the City of Elgin. NOW, THEREFORE, 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, on behalf of the City of Elgin, the Second Amendment to Annexation Agreement with ABCP Investments, LLC, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 10, 2014 Adopted: September 10, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 347

7 SEPTEMBER 10, 2014 VOLUME LXXIX ORDINANCE G47-14 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED ZONING Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, ZONING Ordinance No. G47-14 WHEREAS, written application has been made to amend the Elgin zoning ordinance to amend the areas of special character to provide for special street graphics not otherwise allowed by the zoning ordinance; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the City Council with a recommendation for approval; and WHEREAS, the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section of the Elgin Municipal Code, 1976, as amended, entitled Areas of Special Character, Subsection A.2 entitled Randall Road/I-90 area, be and is hereby further amended by adding the following additional subparagraph g thereto to read as follows: g. The property commonly known as Capital Corporate Center, such property being legally described as follows: Lots 1 through 8, inclusive, in Capital Corporate Center, being a subdivision of that part of the northeast quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 1, 2007 as document number 2007K and certificate of correction recorded August 22, 2007 as document 2007K087599, in the city of Elgin, Kane County, Illinois. 348

8 VOLUME LXXIX SEPTEMBER 10, 2014 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: September 10, 2014 Passed: September 10, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 10, 2014 Published: September 12, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G48-14 PASSED ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (LOT 6 AND LOT 7-CAPITAL CORPORATE CENTER) Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G48-14 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (Lot 6 and Lot 7-Capital Corporate Center) WHEREAS, written application has been made to add the property commonly known as Capital Corporate Center into the Randall Road/I-90 of special character; and WHEREAS, Section of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the city as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulation for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and 349

9 SEPTEMBER 10, 2014 VOLUME LXXIX WHEREAS, the City Council, in its Ordinance No. G47-14, has designated the property commonly referred to as Capital Corporate Center, and further described in Section 1 of said ordinance as part of the Randall Road/I 90 Area of Special Character (the Randall Road/I 90 Area of Special Character ) pursuant to Section ; and WHEREAS, written application has been made to adopt special regulations for street graphics on the property commonly referred to as Capital Corporate Center, those regulations being further described in Section 1 of this ordinance as part of the Randall Road/I 90Area of Special Character; and WHEREAS, the Planning & Zoning Commission held a public hearing concerning adding the property at Capital Corporate Center into the Randall Road/I-90 Area of Special Character and concerning the proposed special regulations and has submitted its written findings and recommendation that the subject property be added to the Randall Road/I-90 Area of Special Character and that the special regulations for street graphics be granted; and WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U.S. Interstate 90; and WHEREAS, the City Council further finds that the location and use of the subject property as a commercial and industrial subdivision, presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and WHEREAS, the proposed special regulations for the subject property are consistent with the unique character and unique use of the Randall Road/I 90 Area of Special Character and departures from the street graphics ordinance as contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of the subject property s portion of the Randall Road/I 90 Area of Special Character. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The following Special Regulations for Street Graphics for the Capital Corporate Center portion of the Randall Road/I 90 Area of Special Character, such property being legally described in the Ordinance Amending Chapter of the Elgin Municipal Code, 1976, as Amended, entitled "Street Graphics," Regarding the Randall Road/I-90 Area of Special Character (Capital Corporate Center), Ordinance No. G47-14 (the "Subject Property"), be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the graphics exhibit entitled ABCP Investments c/o Peter Bazos prepared by Parvin-Clauss Sign Company, dated June 24, 2014, attached hereto as Exhibit 1 (such plan is hereinafter referred to as the Subject Special Sign District Plan ). Pursuant to the Subject Special Sign District Plan, one double-faced light 350

10 VOLUME LXXIX SEPTEMBER 10, 2014 emitting diode (LED) electronic changeable copy graphic (the Special Sign ) and depicted as Option B of Exhibit 1, shall be permitted on the Subject Property in the location as set forth in paragraph 3 below. Notwithstanding the foregoing, the graphic that is ultimately installed may, at the request of the applicant, depart from the Special Graphics Regulations of the Planned Development in the following respects: (i) it may be less than 20 feet in height; (ii) it may be less than 10 feet in width; (iii) it may be of a color other than white; and (iv) it may have such overall design / style attributes as approved by the development administrator. 2. At the election of its owner, the light emitting diode (LED) electronic display panel on the sign may initially be constructed and/or from time-to-time replaced with static (no-led) sign faces containing the names, logos and messages of tenants within Capital Corporate Center subdivision and with a maximum surface area not to exceed 200 square feet and 20 feet in height. 3. The Special Sign shall be installed only at a location within the strip of land of the Subject Property depicted on Exhibit 1 attached hereto. The Special Sign may be constructed on a berm which is not higher than thirty-six inches above the surrounding average grade and landscaped in an area equal to no less than 2.5 times the surface area of the graphic. 4. The graphic shall be oriented in such a manner as to create minimum negative impact to the greatest extent possible on residential property in the vicinity. 5. The light emitting diode (LED) electronic display panel included as part of the sign shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively Image or Images ) shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. b. The rate of change for any Image shall be for a minimum period of ten (10) seconds, i.e., each Image displayed shall be displayed for a minimum period of ten (10) seconds. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. The intensity or maximum brightness of the light emitting diode (LED) electronic display panel shall not exceed five thousand (5,000) nits when measured from the sign s face at its maximum brightness, during daylight hours, and five hundred (500) nits when measured from the sign s face at 351

11 SEPTEMBER 10, 2014 VOLUME LXXIX its maximum brightness between dusk and dawn, i.e. the time of day between sunrise and sunset. The light emitting diode (LED) electronic display panel shall include an ambient light meter at a programmable or manual dimming capacity. e. The square footage of the light emitting diode (LED) electronic message center shall not exceed 90 square feet or 45% of the overall surface area of the graphic, whichever is less. An LED electronic display panel shall be permitted to be installed on both sides of the graphic. f. The light emitting diode (LED) electronic changeable copy graphic, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic. g. The light emitting diode (LED) electronic display panel shall display Images limited solely and only to displaying in text the names, logos and messages of the companies, one at a time, then currently owning or occupying the Subject Property as a bona fide full time and year round owner or tenant on the Subject Property. h. In the event of any conflict between the standards for the light emitting diode (LED) electronic display panel as provided for in this Subsection 5 and the provisions within the Subject Special Sign District Plan, the provisions of this Subsection 5 shall supersede and control. 6. The owner shall be permitted to obtain any required building and zoning permits to modify the following attributes of the graphic without requiring further amendment to the annexation agreement or amendment to this ordinance: a) Re-location of the graphic within the area specified on Exhibit 1 attached hereto. b) Position and dimensions of the electronic display panel within the overall graphic as long as the surface area of such panel does not exceed 90 square feet or 45% of the overall surface area of the graphic. 7. In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions of Chapter of the Elgin Municipal Code, 1976, as amended, entitled Street Graphics, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 8. With the sole exception of the Special Sign (i.e., the light emitting diode (LED) electronic changeable copy graphic described in paragraph 1 or the non-electronic graphic described in Paragraph 2 of this section as authorized in this ordinance), all other 352

12 VOLUME LXXIX SEPTEMBER 10, 2014 street graphics on the Subject Property shall comply with the provisions of Chapter of the Elgin Municipal Code, 1976, as amended, entitled Street Graphics. Section 2. 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: September 10, 2014 Passed: September 10, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 10, 2014 Published: September 12, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G49-14 PASSED GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A PHYSICAL FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT (40 TYLER CREEK PLAZA) Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G49-14 AN ORDINANCE GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A PHYSCIAL FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT (40 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to permit the establishment of a physical fitness facility in the AB Area Business District at 40 Tyler Creek Plaza; and WHEREAS, the Planning & Zoning Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Planning & Zoning Commission. 353

13 SEPTEMBER 10, 2014 VOLUME LXXIX 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 August 4, 2014, made by the Planning & 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 permit the establishment of a physical fitness facility in the AB Area Business District at 40 Tyler Creek Plaza, and legally described as follows: PARCEL ONE: Lots 3, 4, 5 and 6 in Tyler Creek Plaza Subdivision, bring a subdivision of part of the Eat half of the Southwest Quarter of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, according to the plat thereof recorded August 24, 1983 as Document No with the Recorder of Kane County, Illinois. PARCEL TWO: Easement for ingress and egress and parking for benefit of Parcel One as created by the described in Declaration Document 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 feet from the place of beginning: thence Easterly and parallel with the center line of Big Timber Road feet: thence Southerly at right angles to the last described course feet to a point on the North line of Tyler Creek Plaza Subdivision: Thence Westerly along said center line feet to the place of beginning, ( except part in McLean Boulevard), in the City of Elgin, Kane County, Illinois. (Property commonly known as 40 Tyler Creek Plaza). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC as owner, dated received June 18, In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Existing Floor Plan exhibit submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC as owner dated received June 18,

14 VOLUME LXXIX SEPTEMBER 10, Substantial conformance to Plat of Survey submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC as owner dated received June 18, The physical fitness facility will be restricted to 40 Tyler Creek Plaza located within the Tyler Creek Shopping Plaza. 5. All graphics must meet the requirements of Chapter Street Graphics of the Elgin Municipal Code. 6. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. 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: September 10, 2014 Passed: September 10, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 10, 2014 Published: September 12, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 980 LAVOIE AVENUE Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 355

15 SEPTEMBER 10, 2014 VOLUME LXXIX RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 980 LAVOIE AVENUE Resolution No BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a real estate contract on behalf of the City of Elgin with Mary Miller for the purchase of the property commonly known as 980 Lavoie Avenue for $50,000, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 10, 2014 Adopted: September 10, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Shaw, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee August 5, 2014 Hemmens Cultural Center Advisory Task Force August 5, 2014 Heritage Commission August 5, 2014 Planning and Zoning Commission July 7, 2014 Strategic Plan Commission June 24, 2014 Committee of the Whole Minutes August 13, 2014 City Council Minutes August 13, 2014 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. 356

16 VOLUME LXXIX SEPTEMBER 10, 2014 ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Dunne, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act The meeting adjourned at 8:35p.m. s/ Kimberly Dewis September 24, 2014 Kimberly Dewis, City Clerk Date Approved 357