City of Elgin City Council met Jan. 26

By Angelica Saylo Pilo

Mar 2, 2022

City of Elgin City Council met Jan. 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 7:00 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. Councilmembers Dixon, Rauschenberger and Steffen attended electronically.

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

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

PUBLIC COMMENTS

Sue Webb emailed comments regarding the railway merger.

Ron Barkby, board member of PADS of Elgin, introduced the new Executive Director Judy Neely.

BIDS

None.

PETITION 60-21 APPROVED FOR 1300 ABBOTT DRIVE FOR CONDITIONAL USE TO ESTABLISH AN ADULT-USE CANNABIS CRAFT GROWER WITHIN THE EXISTING BUILDING.

Marc Mylott, Community Development Director, outlined Petition 60-21 for 1300 Abbott Drive. The petition allows for a conditional use to establish an adult-use cannabis craft grower within the existing building. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

There was discussion regarding the application process for dispensaries and craft growers, and the social equity portion of the application process and parking requirements and the petitioner outlined the business’s mission.

Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 60-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 22-10 ADOPTED APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS

Councilmember Shaw made a motion, seconded by Councilmember Powell, 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. 22-10

RESOLUTION

APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS

WHEREAS, the Cultural Arts Commission Grant Program has been established to provide financial assistance for arts programming; and

WHEREAS, nine grant applications were submitted for consideration in 2022 under the Cultural Arts Commission Grant Program; and

WHEREAS, said applications have been reviewed and recipients selected by the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the Cultural Arts Commission Grant Program to the following eight organizations in the amount of $40,633:

Organization

Event

Amount

Chamber Music on the Fox

Musical Performance "First Blacks Chicago"

$2,522

Children’s Theatre of Elgin

"Showstoppers"

$7,278

Elgin Symphony Orchestra

"Blueprints: Music by Design"

$4,406

Elgin Youth Symphony Orchestra

Flipped final concert "Through the Looking Glass"

$6,906

Hamilton Wings

SCORE!: Students Creating Opera to Reinforce Education

$7,597

Independent Players

"A Walk in the Woods- a treatise on the nature of mankind"

$1,751

Janus Theatre Company

"Beowulf"

$2,037

Side Street Studio Arts, NFP

Free arts education for young people

$8,136

TOTAL

$40,633

BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances.

BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G7-22 PASSED AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH MAMA LEE'S GOURMET POPCORN, INC. FOR OPERATIONS AT THE EDWARD SCHOCK CENTRE OF ELGIN (100 SYMPHONY WAY)

Councilmember Martinez made a motion, seconded by Councilmember Good, 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. G7-22

AN ORDINANCE

AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH MAMA LEE'S GOURMET POPCORN, INC. FOR OPERATIONS AT THE EDWARD SCHOCK CENTRE OF ELGIN

(100 Symphony Way)

BE IT ORDAINED 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 Commercial Lease Agreement on behalf of the City of Elgin with Mama Lee's Gourmet Popcorn, Inc., for operations at the Edward Schock Centre of Elgin, 100 Symphony Way, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Passed: January 26, 2022

Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-11 ADOPTED DESIGNATING TIMOTHY S. BENNETT AS THE AUTHORIZED AGENT FOR THE ILLINOIS MUNICIPAL RETIREMENT FUND

Councilmember Martinez made a motion, seconded by Councilmember Shaw, 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. 22-11

RESOLUTION

DESIGNATING TIMOTHY S. BENNETT AS THE AUTHORIZED AGENT FOR THE ILLINOIS MUNICIPAL RETIREMENT FUND

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Timothy S. Bennett be and is hereby designated as the authorized agent of the City of Elgin for the Illinois Municipal Retirement Fund.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-12 ADOPTED AUTHORIZING AND RATIFYING EXECUTION OF DOCUMENTS RELATING TO THE NATIONAL OPIOID SETTLEMENT AGREEMENTS WITH THREE DISTRIBUTORS-MCKESSON CORPORATION, CARDINAL HEALTH, INC., AND AMERISOURCEBERGEN CORPORATION - AND ONE MANUFACTURER- JOHNSON AND JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICALS, INC. (COLLECTIVELY JANSSEN)

Corporation Counsel Cogley provided an overview of the case, how the settlement would be disbursed and how the funds can be used.

Councilmember Martinez 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. 22-12

RESOLUTION

AUTHORIZING AND RATIFYING EXECUTION OF DOCUMENTS RELATING TO THE NATIONAL OPIOID SETTLEMENT AGREEMENTS WITH THREE DISTRIBUTORS MCKESSON CORPORATION, CARDINAL HEALTH, INC. AND AMERISOURCEBERGEN CORPORATION – AND ONE MANUFACTURER- JOHNSON AND JOHNSON, JANSSEN PHARMACEUTICALS, INC. ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICALS, INC. (COLLECTIVELY JANSSEN)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City Manager Richard G. Kozal is authorized and directed to execute documents on behalf of the City of Elgin in connection with the National Opioids Settlements and that the City Council hereby further ratifies and approves the execution by City Manager Richard G. Kozal of (1) Participation Agreements with three distributors McKesson Corporation, Cardinal Health, Inc. and AmerisourceBergen Corporation – and One Manufacturer- Johnson and Johnson, Janssen Pharmaceuticals, Inc. Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceuticals, Inc. (Collectively Janssen) , and (2) a Joinder Agreement to the Illinois Opioid Allocation Agreement with the State of Illinois and the various Counties named therein, copies of which are attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. S1-22 and G1-22 through G6-22 and adopt Resolution Nos. 22-5 through 22-9 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 22-5 ADOPTED AUTHORIZING EXECUTION OF DECLARATION OF SUBDIVISION PLAT AMENDMENT WITHIN THE VECE RIDGE SUBDIVISION

Councilmember Powell 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. 22-5

RESOLUTION

AUTHORIZING EXECUTION OF DECLARATION OF SUBDIVISION PLAT AMENDMENT WITHIN THE VECE RIDGE SUBDIVISION

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 a Declaration of Subdivision Plat Amendment for public improvements regarding the property legally described on said declaration of subdivision plat amendment, a copy of which is attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Declaration of Subdivision Plat Amendment for Vece Ridge Subdivision to be recorded in the office of the Recorder of Deeds of Cook County, Illinois.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-6 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 CENTRAL AREA RESURFACING PROJECT

Resolution No. 22-6

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 CENTRAL AREA RESURFACING 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 Gewalt Hamilton Associates, Inc., for professional services in connection with the 2022 central area resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-7 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 EASTSIDE RESURFACING PROJECT

Resolution No. 22-7

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2022 EASTSIDE RESURFACING PROJECT

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 Hampton, Lenzini & Renwick, Inc., for professional services in connection with the 2022 eastside resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-8 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH INFOSEND, INC. FOR THE PRINTING, MAILING AND EMAILING OF WATER BILLS AND DELINQUENT NOTICES (RFP 19-054)

Resolution No. 22-8

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH INFOSEND, INC. FOR THE PRINTING, MAILING AND EMAILING OF WATER BILLS AND DELINQUENT NOTICES

(RFP 19-054)

WHEREAS, the City of Elgin has heretofore entered into a contract with InfoSend, Inc. for the printing, mailing and emailing of water bills and delinquent notices; and

WHEREAS, it is necessary and desirable to modify the terms of the agreement as is described in Change Order No. 1 attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-9 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN

Resolution No. 22-9

RESOLUTION

RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN

WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and

WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and

WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and

WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and

WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection; and

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

Section 1. The executive session minutes for the period from July 2021 through December 2021, are hereby approved as set forth in Exhibit A.

Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B.

Section 3. The need for confidentiality no longer exists as to all or parts of those executive session minutes set forth in Exhibit C and are available for public inspection.

Section 4. The destruction of the verbatim records of executive session meetings conducted more than eighteen (18) months prior to the date of this resolution and for which the minutes of such executive session meetings have previously been approved and released is hereby authorized.

Section 5. This resolution shall be in full force and effect from and after its passage.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 26, 2022

Adopted: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

EXHIBIT A

THESE MINUTES NEED TO BE APPROVED AND DETERMINATION MADE WHETHER THEY CAN BE RELEASED

• July 14, 2021

• July 21, 2021

• July 28, 2021

• October 13, 2021

• November 17, 2021

EXHIBIT B

CONFIDENTIAL TREATMENT STILL EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES

• Portion of December 4, 2019

• Portion of November 17, 2021

EXHIBIT C

CONFIDENTIAL TREATMENT NO LONGER EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES

• Portion of July 22, 2020

• Portion of October 14, 2020

• Portion of December 2, 2020

• Portion of December 16, 2020

• Potion of January 13, 2021

• Portion of February 10, 2021

ORDINANCE S1-22 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1100-1120 TOLL GATE ROAD)

Councilmember Powell 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. S1-22

AN ORDINANCE

ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN

(1100-1120 Toll Gate Road)

WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and

WHEREAS, no electors reside on the subject territory; and

WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and

WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law.

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

Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory:

PARCEL 1

That part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows:

Commencing at a point in the East line of said Southwest Quarter that is 1035.98 feet South of the Northeast corner thereof, being also a point 34.17 feet Northerly (measured along the East line) from the Northerly right of way line of the State of Illinois Northwest Toll Highway; thence Northwesterly along a line that forms an angle of 105 degrees 03 minutes to the right with said East line, and being parallel with said Northerly right of way line, a distance of 108.0 feet; thence Northwesterly along a curve to the right, having a radius of 409.11 feet and being tangent to the last described course, a distance of 296.32 feet; thence Northwesterly tangent to the last described curve a distance of 125.0 feet; thence Northwesterly along a curve to the left having a radius of 213.80 feet and being tangent to the last described course, a distance of 100.00 feet for the place of beginning; thence Northeasterly along a line that forms an angle of 108 degrees 12 minutes from Southeast to Northeast with the chord of the last described curve, a distance of 508.5 feet; thence Northeasterly 276.45 feet to a point in the East line of said Southwest Quarter that is 130.0 feet South of the Northeast corner thereof; thence Northerly along said East line 130.0 feet to the Northeast corner of said Southwest Quarter; thence Westerly along the North line of said Southwest Quarter a distance of 702.2 feet to a point 611.0 feet East of the Northwest corner of the East Half of said Southwest Quarter; thence Southerly along a line that forms a clockwise angle 86 degrees with the North line of said Southwest Quarter, a distance of 512.0 feet; thence Westerly at right angles to the last described course, a distance of 67.0 feet; thence Southerly along a line that forms a clockwise angle of 91 degrees with the last described course, a distance of 130.0 feet; thence Easterly along a line that forms an angle of 90 degrees 48 minutes from North to East with the last described course, a distance of 133.14 feet; thence Southeasterly along a curve to the right having a radius of 213.8 feet and being tangent to the last described course, a distance of 118.69 feet to the place of beginning. Being situated in Dundee Township, Kane County, Illinois. Together with a non-exclusive right to use the easement for ingress and egress created by Declaration dated May 17, 1963 and recorded June 3, 1963 in Book 2182, Page 247 as Document 1002043, made by Ruth A. Meadows and husband et al, over that part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian, being a strip of land 66 feet in width, the center line of which is described as follows:

Southwest Quarter 1035.98 feet to a point 34.17 feet North of, measured along said East line, the Northerly right of way line of the State of Illinois Northwest Toll Highway for the Point of Beginning of said center line; thence Northwesterly along a line forming an angle of 105º 3’ to the right with a prolongation of the last described course, being parallel with said Northerly right of way line, 108 feet; thence Northwesterly along a curve to the right, having a radius of 409.11 feet and being tangent to the last described course at the last described point 296.32 feet; thence Northwesterly along a line tangent to the last described course at the last described point 125 feet; thence Northwesterly along a curve to the left, having a radius of 213.80 feet and being tangent to the last described course at the last described point 218.69 feet; thence Westerly tangent to the last described curve at the last described point 133.74 feet for the terminus of said center line; in the Township of Dundee, Kane County, Illinois. Also over that part of the East Half of the Southwest Quarter of said Section 33, described as follows:

Commencing at the Northwest Corner of the East Half of said Southwest Quarter; thence East along the North line of said Quarter 611 feet; thence Southerly along a line forming an angle of 86º to the right with the prolongation of the last described course, 512 feet; thence Easterly at right angles to the last described course, 83 feet for the Point of Beginning; thence Westerly along the last described course and said course extended Westerly 150 feet; thence Southerly along a line forming an angle of 89º to the left with the prolongation of the last described course 97 feet; thence Easterly 150 feet to a point 103.38 feet Southerly from the Point of Beginning; thence Northerly 103.38 feet to the Point of Beginning; in the Township of Dundee, Kane County, Illinois.

PIN: 03-33-300-042

Common Address: 35W590 Toll Gate Road, Dundee, IL 60118

PARCEL 2:

That part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows:

Commencing at the Northwest corner of the East Half of said Southwest Quarter; thence East along the North line of said Southwest Quarter 611 feet; thence Southerly along a line forming an angle of 86º to the right with the prolongation of the last described course 512 feet; thence Westerly at right angles to the last described course 67 feet; thence Southerly along a line forming an angle of 89º to the left with the prolongation of the last described course 130 feet for the Point of Beginning; thence Northerly along the last described course and said course extended 200 feet; thence Westerly 576.56 feet to a point on the West line of the East Half of said Southwest Quarter, 465 feet South of the Northwest corner of the East Half of said Southwest Quarter; thence South along said West line 457.35 feet to the Northerly line of the right of way of the State of Illinois Northwest Toll Highway; thence Southeasterly along said Northerly right of way line 275 feet; thence Northeasterly 473.3 feet to the Point of Beginning; in the Township of Dundee, Kane County, Illinois, hereinafter for convenience referred to as “the real estate”.

Together with a non-exclusive right to use the easement for ingress and egress created by Declaration dated May 17, 1963 and recorded June 3, 1963 in Book 2182, Page 247 as Document 1002043, made by Ruth A. Meadows and husband et al, over that part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian, being a strip of land 66 feet in width, the center line of which is described as follows:

Commencing at the Northeast Corner of said Southwest Quarter; thence South along the East line of said Southwest Quarter 1035.98 feet to a point 34.17 feet North of, measured along said East line, the Northerly right of way line of the State of Illinois Northwest Toll Highway for the Point of Beginning of said center line; thence Northwesterly along a line forming an angle of 105 degrees 3’ to the right with a prolongation of the last described course, being parallel with said Northerly right of way line, 108 feet; thence Northwesterly along a curve to the right, having a radius of 409.11 feet and being tangent to the last described course at the last described point 296.32 feet; thence Northwesterly along a line tangent to the last described course at the last described point 125 feet; thence Northwesterly along a curve to the left, having a radius of 213.80 feet and being tangent to the last described course at the last described point 218.69 feet; thence Westerly tangent to the last described curve at the last described point 133.74 feet for the terminus of said center line; in the Township of Dundee, Kane County, Illinois.

Also over that part of the East Half of the Southwest Quarter of said Section 33, described as follows:

Commencing at the Northwest Corner of the East Half of said Southwest Quarter; thence East along the North line of said Quarter 611 feet; thence Southerly along a line forming an angle of 86º to the right with the prolongation of the last described course, 512 feet; thence Easterly at right angles to the last described course, 83 feet for the Point of Beginning; thence Westerly along the last described course and said course extended Westerly 150 feet; thence Southerly along a line forming an angle of 89º to the left with the prolongation of the last described course 97 feet; thence Easterly 150 feet to a point 103.38 feet Southwesterly from the Point of Beginning; thence Northerly 103.38 feet to the Point of Beginning; in the Township of Dundee, Kane County, Illinois.

PIN: 03-33-300-007

Common Address: 35W655 Toll Gate Road, Dundee, IL 60118

PARCEL 3:

THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 130 FEET FOR A POINT OF BEGINNING; THENCE SOUTH ALONG SAID EAST LINE 905.98 FEET TO A POINT 34.17 FEET NORTH OF, MEASURED ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES 03 MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT AWAY LINE 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE 27.17 FEET; THENCE NORTHEASTERLY ALONG A RADIAL LINE FOR THE LAST DESCRIBED CURVE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 376.11 FEET AND TANGENT TO A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 247.44 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED COURSE, 12.31 FEET; THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 112.69 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 100 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 108 DEGREES, 12 MINUTES, 0 SECONDS, MEASURED FROM THE SOUTHEAST TO NORTHEAST WITH THE CHORD OF THE LAST DESCRIBED CURVE 508.5 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 49 DEGREES 09 MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE 276.45 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.

EASEMENT FOR INGRESS AND EGRESS CREATED BY DEED DATED MAY 31, 1963 AND RECORDED JUNE 10, 1963 IN BOOK 2183, PAGE 261 AS DOCUMENT 1002477 MADE BY RUTH A MEADOWS AND HUSBAND TO DONALD M. SCHLEIFER AND WIFE FOR THE BENEFIT OF PARCEL OVER THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 33 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 1035.98 FEET TO A POINT 34.17 FEET NORTH OF, MEASURED ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY OF LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE POINT OF BEGINNING OF THE NORTHERLY LINE OF SAID 33 FOOT STRIP; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES, 3 MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 296.32 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE 125 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 100 FEET; BEING THE TERMINATION OF THE NORTHERLY LINE OF A 33 FOOT STRIP, IN THE TOWNSHIP IF DUNDEE KANE COUNTY, ILLINOIS.

PIN: 03-33-300-053

Commons Address: 35W530 Toll Gate Road, Dundee, IL 60118

PARCEL 4:

That part of the East ½ of the Southwest ¼ of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows:

Beginning at the Northwest corner of the East ½ of the Southwest ¼ of said Section 33; thence East along the North line of said Southwest ¼ 611 feet; thence South 4 degrees East 512 feet; thence South 86 degrees West 67 feet; thence North 3 degrees West 70 feet; thence South 88 degrees 09 minutes West 577.57 feet to the West line of the East ½ of the Southwest ¼ of said Section 33; thence North along said West line 465 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois.

Easement for Ingress and Egress created by Agreement dated May 17, 1963 and recorded June 3, 1963 as Document 1002043, made by Ruth A. Meadows and others for benefit of Parcel One and over easement area described in said Document 1002043.

PIN: 03-33-300-006

Common Address: 35W660 Toll Gate Road, Dundee, IL 60118

PARCEL 5:

Parcel A:

PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 86 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 512.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 67.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 130.0 FEET; THENCE SOUTHWESTERLY 9.3 FEET FOR THE PLACE OF BEGINNING, SAID 9.3 FEET BEING MEASURED ALONG A LINE THAT IF EXTENDED WOULD INTERSECT THE NORTHERLY RIGHT OF WAY LINE OF THE NORTHWEST TOLL HIGHWAY AT A POINT 275.0 FEET EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER (SAID 275.0 FEET BEING MEASURED ALONG SAID NORTHERLY RIGHT OF WAY LINE); THENCE CONTINUING SOUTHWESTERLY ALONG THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 464.0 FEET TO THE POINT IN SAID NORTHERLY RIGHT OF WAY LINE THAT IS 275.0 FEET EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 188.25 FEET TO AN ANGLE IN SAID NORTHERLY RIGHT OF WAY LINE, THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 136.67 FEET, THENCE NORTHERLY 411.6 FEET TO THE PLACE OF BEGINNING, AND BEING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS.

AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 25.0 FEET IN WIDTH LYING EASTERLY AND ADJOINING THE PROPERTY HEREIN ABOVE DESCRIBED IN PARCEL 1. AN EASEMENT FOR ROAD PURPOSES DESCRIBED AS FOLLOWS: PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 66.0 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 1035.98 FEET TO A POINT IN SAID EAST LINE THAT IS 34.17 FEET NORTHERLY (MEASURED ALONG SAID EAST LINE) FROM THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE PLACE OF BEGINNING FOR THE CENTER LINE OF SAID 66.0 FOOT WIDE STRIP OF LAND; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 105 DEGREES 03 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE AND BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 108.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 296.32 FEET; THENCE NORTHWESTERLY TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 125.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 218.69 FEET; THENCE, WESTERLY TANGENT TO LAST DESCRIBED CURVE A DISTANCE OF 133.74 FEET FOR THE TERMINUS OF THE CENTER LINE OF SAID 66.0 FOOT WIDE EASEMENT. ALSO A PARCEL OF LAND TO BE DESCRIBED AS AN EASEMENT FOR A PRIVATE ROAD AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 86 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 512.0 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 83.0 FEET FOR THE PLACE OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE AND ALONG THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 150.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 97.0 FEET; THENCE EASTERLY 150.0 FEET TO A POINT 103.38 FEET SOUTHERLY OF THE PLACE OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE PLACE OF BEGINNING. ALL THE ABOVE BEING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS.

Parcel B:

THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 611.0 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE 86 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 512.0 FEET, THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 67.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 130.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY 9.3 FEET ALONG A LINE THAT, IF EXTENDED, WOULD INTERSECT THE NORTHERLY RIGHT OF WAY OF THE NORTHWEST TOLL HIGHWAY AT A POINT 275.0 FEET EASTERLY OF THE WEST LINE OF SAID EAST HALF (SAID 275 FEET BEING MEASURED ALONG SAID NORTHERLY RIGHT OF WAY LINE); THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE 465.07 FEET TO AN ANGLE IN SAID NORTHERLY RIGHT OF WAY LINE; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 101.17 FEET TO A JOG IN SAID NORTHERLY RIGHT OF WAY LINE; HENCE NORTHEASTERLY ALONG THE JOG IN SAID NORTHERLY RIGHT OF WAY LINE, 138.62 FEET; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 144.55 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE, 34.17 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 74 DEGREES 57 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY OF THE NORTHWEST TOLL HIGHWAY 108.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, 27.17 FEET; THENCE NORTHEASTERLY ALONG A RADIAL LINE FOR THE LAST DESCRIBED CURVE 33.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 376.11 FEET AND TANGENT TO A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 247.44 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, 12.31 FEET; THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 112.69 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 213.8 FEET AND TANGENT TO THE LAST DESCRIBED COURSE, 218.69 FEET; THENCE WESTERLY 133.14 FEE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. TOGETHER WITH AN NON-EXCLUSIVE RIGHT TO USE THE EASEMENT FOR INGRESS AND EGRESS CREATED BY DECLARATION DATED MAY 17, 1963 AND RECORDED JUNE 3, 1963 IN BOOK 2182, PAGE 247 AS DOCUMENT 1002043 (1963 EASEMENT), MADE BY RUTH A. MEADOWS AND HUSBAND ET AL, OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPLE MERIDIAN, BEING A STRIP OF LAND 66 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1035.98 FEET TO A POINT 34.17 FEET NORTH OF MEASURED ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY TO THE POINT OF BEGINNING OF SAID CENTER LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES 3 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 296.32 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 125 FEET, THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 219.69 FEET; THENCE WESTERLY TANGENT TO THE LAST DESCRIBED CURVE A THE LAST DESCRIBED POINT 133.74 FEET FOR THE TERMINUS OF SAID CENTER LINE, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. ALSO OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER 611 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 86 DEGREES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 512 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 93 FEET FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE AND SAID COURSE EXTENDED WESTERLY, 150 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 97 FEET; THENCE EASTERLY 150 FEET TO A POINT 103.38 FEET SOUTHERLY FORM THE POINT OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.

PIN: 03-33-300-008 (Parcel A) and 03-33-300-055 (Parcel B)

Common Address: 35W645 Toll Gate Road, Dundee, IL 60118 (Parcel A); 35W625 Toll Gate Road, Dundee, IL 60118 (Parcel B)

(all commonly known as 1100-1120 Toll Gate Road)

Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois.

Section 3. 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: January 26, 2022

Passed: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G1-22 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (1100-1120 TOLL GATE ROAD)

Ordinance No. G1-22

AN ORDINANCE

CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT

(1100-1120 Toll Gate Road)

WHEREAS, the territory legally described herein (the “Subject Property”) has been annexed to the City of Elgin; and

WHEREAS, written application has been made to classify the Subject Property located at 1100-1120 Toll Gate Road PGI Planned General Industrial District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on October 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 classifying certain territory in the PGI Planned General Industrial 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 October 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 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 PGI Planned General Industrial District the following described property:

PARCEL 1

That part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows:

PIN: 03-33-300-042

Common Address: 35W590 Toll Gate Road, Dundee, IL 60118

PARCEL 2:

That part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows:

Also over that part of the East Half of the Southwest Quarter of said Section 33, described as follows:

Commencing at the Northwest Corner of the East Half of said Southwest Quarter; thence East along the North line of said Quarter 611 feet; thence Southerly along a line forming an angle of 86º to the right with the prolongation of the last described course, 512 feet; thence Easterly at right angles to the last described course, 83 feet for the Point of Beginning; thence Westerly along the last described course and said course extended Westerly 150 feet; thence Southerly along a line forming an angle of 89º to the left with the prolongation of the last described course 97 feet; thence Easterly 150 feet to a point 103.38 feet Southwesterly from the Point of Beginning; thence Northerly 103.38 feet to the Point of Beginning; in the Township of Dundee, Kane County, Illinois.

PIN: 03-33-300-007

Common Address: 35W655 Toll Gate Road, Dundee, IL 60118

PARCEL 3:

PIN: 03-33-300-053

Commons Address: 35W530 Toll Gate Road, Dundee, IL 60118

PARCEL 4:

That part of the East ½ of the Southwest ¼ of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the Northwest corner of the East ½ of the Southwest ¼ of said Section 33; thence East along the North line of said Southwest ¼ 611 feet; thence South 4 degrees East 512 feet; thence South 86 degrees West 67 feet; thence North 3 degrees West 70 feet; thence South 88 degrees 09 minutes West 577.57 feet to the West line of the East ½ of the Southwest ¼ of said Section 33; thence North along said West line 465 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois.

PIN: 03-33-300-006

Common Address: 35W660 Toll Gate Road, Dundee, IL 60118

PARCEL 5:

Parcel A:

PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:

Parcel B:

PIN: 03-33-300-008 (Parcel A) and 03-33-300-055 (Parcel B)

Common Address: 35W645 Toll Gate Road, Dundee, IL 60118 (Parcel A); 35W625 Toll Gate Road, Dundee, IL 60118 (Parcel B)

(all commonly known as 1100-1120 Toll Gate Road in the City of Elgin)

Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PGI Planned General Industrial District, which shall be designed, developed, and operated subject to the following provisions:

A. Purpose and Intent. The purpose of the PGI Planned General Industrial District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A PGI zoning district is most similar to, but departs from the standard requirements of the GI zoning district.

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 PGI Planned General Industrial 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 PGI Planned General Industrial 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. PGI Planned General Industrial Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PGI Planned General Industrial 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 industrial district shall be granted by the City Council.

F. Land Use. In this PGI Planned General Industrial 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 PGI Planned General Industrial District.

1. Permitted Uses. Those land uses enumerated as permitted uses within the GI General Industrial District, Section 19.40.330 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 GI General Industrial District, Section 19.40.330 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

3. Similar Uses. Those land uses enumerated as similar uses within the GI General Industrial District, Section 19.40.330 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

G. Site Design. In this PGI Planned General Industrial 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, Section 19.40.335 “Site Design” for GI General Industrial District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents:

1. Substantial conformance to the Development Application submitted by AG HS Development Portfolio Subsidiary, L.L.C., a Delaware limited liability company, as applicant, and Elaine A. Booras, Andrea Macias and Jacob Dohm, Ronald E. Thomas and Sabrina Thomas, Toshie Korzeniowski, and Efrain Ocampo and Manuela Ocampo, as property owners, received August 27,2021, and supporting documents including:

a. Undated Rider Statement of Purpose and Conformance Map Amendment for Planned Development District (over 2 acres), received August 22, 2021;

b. ALTA/NSPS Land Title Survey, prepared by Haeger Engineering, dated July 2, 2021;

c. Plat of Annexation to the City of Elgin, prepared by Haeger Engineering, dated September 13, 2021, with such further revisions as required by the City Engineer;

d. Final Plat of Subdivision of High Street Toll Gate, prepared by Haeger Engineering, dated August 20, 2021, with such further revisions as required by the City Engineer;

e. Landscape plans, including sheets L1.0, L1.1, and L2.0, L2.1, L2.2, and L2.3, prepared by Haeger Engineering, dated September 30, 2021, with such further revisions as required by the Community Development Director;

f. Architectural plans for Building 1, including Sheets A.101, A.201, A.202, prepared by Atlas Collaborative, dated received August 22, 2021, with such further revisions as required by the Community Development Director;

g. Building 1 Elevations in color, prepared by Atlas Collaborative, dated September 28, 2021, with such further revisions as required by the Community Development Director;

h. Architectural plans for Building 2, including Sheets A.101, A.201, A.202, prepared by Atlas Collaborative, dated received August 22, 2021, with such further revisions as required by the Community Development Director;

i. Building 2 Elevations in color, prepared by Atlas Collaborative, dated September 28, 2021, with such further revisions as required by the Community Development Director;

j. Site Lighting and Photometric Plan, Sheet LP-1, prepared by Haeger Engineering, dated September 30, 2021, with such further revisions as required by the Community Development Director;

k. Undated 14-page tree survey data table titled: Attachment 1 – Data Table Elgin Logistics Tree Inspection”, prepared by Davey Resource Group, received August 22, 2021; and

l. Final engineering plans titled: “High Street Logistics Industrial Development1100-1120 Toll Gate Road, Section 33 Township 42 North Range 8 East Unincorporated Kane County, Illinois”, prepared by Haeger Engineering, dated September 30, 2021, with such further revisions as required by the City Engineer.

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. A departure is hereby granted to construct the extension of Toll Gate Road within a 60-foot wide right-of-way dedicated to the City of Elgin.

3. A departure is hereby granted to allow the construction of Toll Gate Road extension improvements along the frontage of the subject property with the construction of a public sidewalk only along the north side of Toll Gate Road.

4. A departure is hereby granted to construct the proposed Building 1 with a minimum 8-foot building street yard setback and the proposed Building 2 with a minimum 25-foot building street yard setback.

5. A departure is hereby granted to construct the vehicle use areas on the proposed Lot 1 and Lot 2 with no minimum vehicle use area interior yard setback from the shared interior lot line between Lot 1 and Lot 2. The vehicle use areas on both Lot 1 and Lot 2 shall have a minimum 4-foot vehicle use area interior yard setback from the north property lines of Lot 1 and Lot 2.

6. A departure is hereby granted to construct a six-foot high open-design fence in the street yard along Toll Gate Road in substantial conformance with the following documents:

a. Geometry, Paving, And Striping Plan (Overall), Sheet C5.0, prepared by Haeger Engineering, dated September 30, 2021, with such further revisions as required by the Community Development Director;

7. A departure is hereby granted to construct the extension of Toll Gate Road without a circular cul-de-sac at the terminus of the roadway extension.

8. Compliance with all applicable codes and ordinances.

H. Off Street Parking. In this PGI Planned General Industrial District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following:

1. A departure is hereby granted to construct the proposed 247,800-square foot building on Lot 2 of Final Plat of Subdivision of High Street Toll Gate with the minimum of 93 parking spaces for passenger vehicles on Lot 2 of said subdivision.

I. Off Street Loading. In this PGI Planned General Industrial 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 PGI Planned General Industrial 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 PGI Planned General Industrial 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 PGI Planned General Industrial 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 PGI Planned General Industrial 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 PGI zoning district.

N. Conditional Uses. In this PGI Planned General Industrial 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 PGI zoning district.

O. Variations. In this PGI Planned General Industrial 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 PGI 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.

Q. Kane County Historic Landmark Designation. The designation of parcel 2 commonly known as 35W655 Toll Gate Road, as a Kane County historic landmark, including, but not limited to, pursuant to Kane County Ordinance 96- 262 shall not apply to parcel 2 or the Subject Property.

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: January 26, 2022

Passed: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G2-22 PASSED GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (15 NORTH UNION STREET)

Ordinance No. G2-22

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT

(15 North Union Street)

WHEREAS, the territory described herein has been previously classified in the PGI Planned General Industrial District pursuant to Ordinance No. G92-98; and

WHEREAS, written application has been made requesting conditional use approval to establish an individual and family social service at 15 North Union Street; and

WHEREAS, the zoning lot with the building containing the premises at 15 N. Union Street is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PGI Planned General Industrial District established by Ordinance G92-98, and an individual and family social service is listed as a conditional use within the PGI Planned General Industrial District established by Ordinance No. G92-98; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 6, 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 a conditional use in the PGI Planned General Industrial 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 December 6, 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 a conditional use for an individual and family social service is hereby granted for the property commonly known as 15 North Union Street, which is part of the property commonly identified by Kane County Property Index Number 06-14-328-043, and legally described as follows:

Block I of S. Wilcox Addition to Elgin and Lot 1 (Except The Northerly 18 feet) In Block II of S Wilcox Addition to Elgin, Also That Part Of The Southwest Quarter Of Section 14, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Commencing At The Center of Said Section14; Thence West Along The North Line of Said Southwest Quarter 10.90 Chains; Thence South To The Northeast Corner Of Block I Of S. Wilcox Addition to Elgin, For A Point of Beginning. Thence West Along The North Line of Said Block 201 Feet 11 Inches To The Southeast Corner of Lot 1 In Block II of Said S. Wilcox’ Addition; Thence North Along The East Line Of Said Lot 1, 48 feet To A Point 18 Feet South Of The Northeast Corner of Said Lot1 , Thence East Parallel With the North Line of Said Lot 1, Extended 26 Feet To A line Drawn Parallel With And 125 Feet East Of the West Line of Lot 1, 2 And 3 (Measured Along The North Line of Said Lot 1 Extended) Thence North On Said Parallel Line to A Point 2.98 ½ Chains North Of The North Line of Block I. Aforesaid; Thence East Parallel With The North Line of Said Block I To The West Line Of The Tract Of Land Conveyed to Wm. C. Kimball By Deed Dated September 14, 1846, And Recorded January 18, 1859, In Book 56, Page 508; Thence South 2 98 ½ Chains To The Point of Beginning, (Except Therefrom Those Parts Conveyed By The Following Deeds’ Deed Document 2003k106466 Recorded 6/27/2003, Deed Document 2000k000668 Recorded Jan 4, 2000 And Deed Document 1999k051110 Recorded May 20, 1999) All in City of Elgin, Kane County Illinois.

(commonly known as 5-23 North Union Street)

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 Agua Viva Elgin, as applicant, and Oak Tree Properties of Elgin, LLC, as property owner, received April 23, 2021, and supporting documents including:

a. Undated Conditional Use Statement of Purpose and Conformance, dated September 29, 2021;

b. Plat of Survey, prepared by Dale A. Floyd, dated September 3, 1998;

c. Undated 4-page building floor plans, dated received May 20, 2021, with such further revisions as required by the Community Development Director.

d. Undated floor plan prepared with “magicplan”, dated received May 24, 2021, with such further revisions as required by the Community Development Director; e. Cover Sheet, Codes & Site Plan, prepared by Manheim Architecture, dated September 21, 2021, with such further revisions as required by the Community Development Director

2. All street graphics must comply with the zoning ordinance requirements.

3. The proposed individual and family social service is hereby permitted to relocate and/or expand within the existing building located at 9-23 N. Union Street without the need to amend this conditional use approval.

4. 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: January 26, 2022

Passed: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G3-22 PASSED GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE IN THE RB RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (452 NORTH MCLEAN BOULEVARD, SUITES 100 AND 101)

Ordinance No. G3-22

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE IN THE RB RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (452 North McLean Boulevard, Suites 100 and 101)

WHEREAS, written application has been made requesting conditional use approval to establish an individual and family social service at 452 N. McLean Boulevard, Suites 100 and 101; and47

WHEREAS, the zoning lot with the building containing the premises at 452 N. McLean Boulevard, Suites 100 and 101, is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the RB Residence Business District and ARC Arterial Road Corridor Overlay District, and an individual and family social service is listed as a conditional use within the RB Residence Business District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 6, 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 a conditional use in the RB Residence 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 2. That a conditional use for an individual and family social service is hereby granted for the property commonly known as 452 North McLean Boulevard, Suites 100 and 101, which is part of the property commonly identified by Kane County Property Index Number 06- 15-129-026, and legally described as follows:

That part of the Northwest ¼ of section 15, Township 41 North, Range B East of the Third Principal Meridian, part of Lot 1 in Block VIII of COLUMBIA PARK ADDITION, being a subdivision of part of said Section 15; and part of the vacated alley in said Block VIII, described as follows: Beginning at the Northeast corner of said Lot 1; thence Southerly, along the East line of said Lot 1, a distance of 7.0 feet; thence Westerly, parallel with the North line of said Lot 1, a distance of 163.91 feet to the East line of Lot 26 in said Block VIII, thence Northerly, along the East line of Lots 26, 27 and 28 in said Block VIII and said East line extended Northerly, a distance of 137.23 feet to the North line of the Northwest ¼ of said Section 15; thence Easterly, along said North line, a distance of 180.39 feet to the Northeast corner of said Northwest ¼; thence Southerly, along the East line of said Northwest ¼, a distance of 131.17 feet; thence Westerly, a distance of 14.0 feet to the place of beginning, being situated in the City of Elgin, Kane County, Illinois.

(commonly known as 452 North 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:

5. Substantial conformance to the Development Application submitted by Phoenix Family Center, LLC, as applicant, and Dadlani Elgin Realty LLC, as property owner, received October 18, 2021, and supporting documents including:

a. Undated Conditional Use Statement of Purpose and Conformance, dated received November 9, 2021;

b. Plat of Survey, prepared by John D. Rebik & Associates, dated December 4, 1991;

c. Conceptual Office Floor Plan, Sheet E1, prepared by Zanco Design Builders, Inc., dated last revised February 1, 1990, with such further revisions, as required by the Community Development Director;

d. Undated two-page layout plans, dated received November 9, 2021, with such further revisions as required by the Community Development Director; and e. Undated monument sign insert graphic, dated received October 18, 2021, with such further revisions as required by the Community Development Director.

6. All street graphics must comply with the zoning ordinance requirements.

7. The proposed individual and family social service is hereby permitted to relocate and/or expand within the existing building located at 452 N. McLean Boulevard without the need to amend this conditional use approval.

8. 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: January 26, 2022

Passed: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G4-22 PASSED AMENDING ORDINANCE NO. G40-06, WHICH AMENDED THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT AND GRANTED A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR DISTRICT, AND AMENDING ORDINANCE NO. G26-19 WHICH AMENDED ORDINANCE NO. G72-18 WHICH AMENDED ORDINANCE NO. G11-15 WHICH AMENDED PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06 (803 SOUTH RANDALL ROAD)

Ordinance No. G4-22

AN ORDINANCE

AMENDING ORDINANCE NO. G40-06, WHICH AMENDED THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT AND GRANTED A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR DISTRICT, AND AMENDING ORDINANCE NO. G26-19 WHICH AMENDED ORDINANCE NO. G72-18 WHICH AMENDED ORDINANCE NO. G11-15 WHICH AMENDED PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06 (803 South Randall Road)

WHEREAS, the territory herein described has been classified in the PAB Planned Area Business District, and is subject to the requirements of Ordinance No. G40-06; and

WHEREAS, by adopting Ordinance No. G26-19 on June 26, 2019, Ordinance No. G72- 18 on December 19, 2018, and Ordinance No. G11-15 on April 22, 2015, the City Council amended certain provisions of Ordinance No. G40-06, and

WHEREAS, written application has been made to further amend PAB Planned Area Business District Ordinance No. G40-06, as amended by Ordinance No. G11-15, Ordinance No. G72-18, and Ordinance No. G26-19, to construct a new freestanding motor vehicle repair shop building with accessory parking within the portion of the parking lot of the property commonly known as 815 S. Randall Road “Meijer Store”, and

WHEREAS, after due notice in the manner provided by law, the Planning and Zoning Commission conducted a public hearing concerning said application on December 6, 2021; 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 the PAB Planned Area Business District established by Ordinance No. G40-06, as amended by Ordinance No. G11-15, Ordinance No. G72-18, and Ordinance No. G26-19, 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 Section 4. G. of Ordinance No. G40-06, which regulates “Site Design” in the PAB Planned Ara Business District of the Subject Property, is hereby further amended only as set forth in this ordinance to allow for the redevelopment of the specified portion of The Meijer Store parking lot to construct a freestanding motor vehicle repair shop building with accessory parking, and shall include the following additional conditions:

9. Substantial conformance to the Development Application submitted by Christopher Enright Architects, as applicant, and Meijer Stores Limited Partnership, as property owner, received September 13, 2021, and supporting documents including:

a. Undated Belle Tire – Elgin Project Description, Background, and Operations, received November 30, 2021;

b. Parking lot lighting specifications from “Hubbell Outdoor Lighting Ratio LED Series Area/Site Lighter”, received November 30, 2021, with such further revisions as required by the Community Development Director;

c. ALTA/NSPS Land Title Survey, prepared by Cage Civil Engineering, dated last revised August 2, 2021;

d. Final Plat of Subdivision of Meijer-Belle Tire Subdivision, prepared by Cage Civil Engineering, dated last revised November 23, 2021, with such further revisions as required by the City Engineer; and

e. Civil, Landscaping, Site Lighting, and Architectural plans titled: “Belle Tire – Elgin, IL 803 S. Randall Road Elgin IL. 60123, prepared by Christopher Enright Architects, dated last revised December 23, 2021, with such further revisions as required by the Community Development Director.

10. A departure is hereby granted to allow the construction of the proposed motor vehicle repair shop building with a total of 806 parking spaces on the overall Meijer shopping center property.

11. A departure is hereby granted to allow the construction of the refuse collection area in the street yard east of the proposed motor vehicle repair shop building.

12. Compliance with all applicable codes and ordinances.

Section 3. That Section 4. J. of Ordinance No. G40-06, which regulates “Signs” in the PAB Planned Ara Business District of the Subject Property, is hereby further amended to include the following additional conditions:

10. A departure is hereby granted to allow the installation of three primary wall graphics on the north, west, and south elevations of the proposed motor vehicle repair shop building in substantial conformance with the Sheet A001 Sign Plan, prepared by Christopher Enright Architects, dated last revised December 23, 2021, with such further revisions as required by the Community Development Director. The maximum sign surface area of wall graphics installed on the building shall not exceed the maximum permitted sign surface area of six hundred sixty-six (666) square feet. The sign surface area of a wall graphic installed on the north, west, or the south facades of the building shall not exceed the sign surface area of such signs as depicted on the Sheet A001 Sign Plan, prepared by Christopher Enright Architects, dated last revised December 23, 2021, with such further revisions as required by the Community Development Director. Wall graphics shall not be box-type signs. Wall graphics must be channel letter-type signs. No wall graphic is permitted on the east façade of the proposed building.

11. A departure is hereby granted to allow the construction of a monument graphic with the maximum sign surface area of sixty (60) square feet on the proposed motor vehicle repair shop property. Such monument graphic shall be installed along the west property line in substantial conformance with the Sheet A001 Sign Plan, prepared by Christopher Enright Architects, dated last revised December 23, 2021, with such further revisions as required by the Community Development Director.

Section 4. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G40-06, as amended by Ordinance No. G11-15, Ordinance No. G72-18, and Ordinance No. G26-19. In the event of any conflict between this ordinance and Ordinances No. G40-06, G11-15, G72-18, and G26-19, this ordinance and associated documents shall control and prevail.

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: January 26, 2022

Passed: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G5-22 PASSED GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP IN THE PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06, AS AMENDED BY ORDINANCE NO. G11-15, NO. G72-18, NO. G26-19, AND NO. G4-22 (803 SOUTH RANDALL ROAD)

Ordinance No. G5-22

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP IN THE PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06, AS AMENDED BY ORDINANCE NO. G11-15, NO. G72-18, NO. G26-19, AND NO. G4-22 (803 South Randall Road)

WHEREAS, written application has been made requesting conditional use approval to establish a motor vehicle repair shop at 803 South Randall Road; and

WHEREAS, the zoning lot with the building containing the premises at 803 South Randall Road is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PAB Planned Area Business District established by Ordinance No. G40-06, as amended by Ordinance No. G11-15, No. G72- 18, No. G26-19, and No. G4-22, and a motor vehicle repair shop is listed as a conditional use within the PAB Planned Area Business District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 6, 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 a conditional use in the PAB Planned 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 2. That a conditional use for a motor vehicle repair shop, is hereby granted for the property commonly known as 803 S. Randall Road, which is part of the property commonly identified by Kane County Property Index Number 06-28-127-071, and which is legally described as follows:

THAT PART OF LOT 1 IN THE FINAL PLAT OF RESUBDIVISION OF LOT 1 IN THE RESUBDIVISION OF LOT 1 OF THE FINAL PLAT OF THE 1ST RESUBDIVSION OF LOT 1 OF WOODBRIDGE NORTH COMMERCIAL SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 21 AND THE NORTHWEST QUARTER OF SECTION 28, BOTH IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 25, 2019 AS DOCUMENT 2019K032627, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE EASTERLY MOST NORTHEAST CORNER OF SAID LOT 1; THENCE South 01 DEGREES 03 MINUTES 14 SECONDS East ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 37.24 feet; THENCE South 88 DEGREES 56 MINUTES 02 SECONDS West, A DISTANCE OF 455.69; THENCE North 01 DEGREES 03 MINUTES 58 SECONDS West, A DISTANCE OF 107.57 TO A TANGENT CURVE; THENCE NORTHEASTELY ALONG SAID TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 50.00 FEET SUBTENDING A CHORD BEARING NORTH 22 DEGREES 45 MINUTES 13 SECONDS EAST, AN ARC DISTANCE OF 41.57 FEET AND A CHORD DISTANCE OF 40.39 FEET TO A TANGENT LINE; THENCE North 46 DEGREES 34 MINUTES 23 SECONDS East ALONG SAID TANGENT LINE, A DISTANCE OF 265.10 TO A TANGENT CURVE; THENCE EASTELRY ALONG SAID TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 20.00 FEET SUBTENDING A CHORD BEARING SOUTH 86 DEGREES 34 MINUTES 36 SECONDS EAST, AN ARC DISTANCE OF 32.71 FEET AND A CHORD DISTANCE OF 29.18 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF COLLEGE GREEN DRIVE AS DEDICATED PER DOCUMENT 91K24760 ALSO BEING THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 FOR THE FOLLOWING 3 COURSES: 1) THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 665.00 FEET SUBTENDING A CHORD BEARING SOUTH 37 DEGREES 18 MINUTES 55 SECONDS EAST, AN ARC DISTANCE OF 55.97 FEET AND A CHORD DISTANCE OF 55.96 FEET; 2) THENCE South 34 DEGREES 51 MINUTES 41 SECONDS East, A DISTANCE OF 182.93 feet; 3) THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 385.00 FEET SUBTENDING A CHORD BEARING SOUTH 43 DEGREES 41 MINUTES 12 SECONDS EAST, AN ARC DISTANCE 117.96 FEET AND A CHORD DISTANCE OF 117.50 FEET TO THE POINT OF BEGINNING IN THE CITY OF ELGIN, IN KANE COUNTY, ILLINOIS.

Commonly known as 803 South Randall Road.

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

13. Substantial conformance to the Development Application submitted by Christopher Enright Architects, as applicant, and Meijer Stores Limited Partnership, as property owner, received September 13, 2021, and supporting documents including:

a. Undated Belle Tire – Elgin Project Description, Background, and Operations, received November 30, 2021;

c. ALTA/NSPS Land Title Survey, prepared by Cage Civil Engineering, dated last revised August 2, 2021;

14. A departure is hereby granted to allow the construction of the proposed motor vehicle repair shop building with a total of 806 parking spaces on the overall Meijer shopping center property.

15. A departure is hereby granted to allow the construction of the refuse collection area in the street yard east of the proposed motor vehicle repair shop building.

16. A departure is hereby granted to allow the installation of three primary wall graphics on the north, west, and south elevations of the proposed motor vehicle repair shop building in substantial conformance with the Sheet A001 Sign Plan, prepared by Christopher Enright Architects, dated last revised December 23, 2021, with such further revisions as required by the Community Development Director. The maximum sign surface area of wall graphics installed on the building shall not exceed the maximum permitted sign surface area of six hundred sixty-six (666) square feet. The sign surface area of a wall graphic installed on the north, west, or the south facades of the building shall not exceed the sign surface area of such signs as depicted on the Sheet A001 Sign Plan, prepared by Christopher Enright Architects, dated last revised December 23, 2021, with such further revisions as required by the Community Development Director. Wall graphics shall not be box-type signs. Wall graphics must be channel letter-type signs. No wall graphic is permitted on the east façade of the proposed building.

17. A departure is hereby granted to allow the construction of a monument graphic with the maximum sign surface area of sixty (60) square feet on the proposed motor vehicle repair shop property. Such monument graphic shall be installed along the west property line in substantial conformance with the Sheet A001 Sign Plan, prepared by Christopher Enright Architects, dated last revised December 23, 2021, with such further revisions as required by the Community Development Director.

18. 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: January 26, 2022

Passed: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G6-22 PASSED RECLASSIFYING TERRITORY IN THE AB AREA BUSINESS DISTRICT TO A PAB PLANNED AREA BUSINESS DISTRICT (1001-1009 NORTH RANDALL ROAD)

Ordinance No. G6-22

AN ORDINANCE

RECLASSIFYING TERRITORY IN THE AB AREA BUSINESS DISTRICT TO A PAB PLANNED AREA BUSINESS DISTRICT

(1001-1009 North Randall Road)

WHEREAS, written application has been made to reclassify certain property located at 1001-1009 North Randall Road from AB Area Business District to PAB Planned Area Business District to construct a new commercial building for an eating place (restaurant) with a drive through service facility; and

WHEREAS, the zoning lot containing the premises at 1001-1009 N. Randall Road is legally described herein (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 6, 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 a planned development as a map amendment from AB Area Business District to PAB Planned 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:

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

LOT 564 IN VALLEY CREEK UNIT NO. 14, BEING A SUBDIVISION OF PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1992 AS DOCUMENT 92K42893, IN KANE COUNTY, ILLINOIS.

(commonly known as 1001-1009 N. Randall Road)

Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB Area Business District to PAB Planned Area Business District at 1001-1009 N. Randall Road, which shall be designed, developed, and operated subject to the following provisions:

A. Purpose and Intent. The purpose of the PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district.

H. General Provisions. In this PAB Planned Area Business 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.

I. Zoning Districts; Generally. In this PAB Planned Area Business 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.

J. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB Planned Area Business 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 area business district shall be granted by the City Council.

F. Land Use. In this PAB Planned Area Business 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 PAB Planned Area Business District:

4. Permitted Uses. Those land uses enumerated as permitted uses within the AB Area Business District, Section 19.35.430 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

5. Conditional Uses. Those land uses enumerated as conditional uses within the AB Area Business District, Section 19.35.430 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

6. Similar Uses. Those land uses enumerated as similar uses within the AB Area Business District Section 19.35.430 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

K. Site Design. In this PAB Planned Area Business 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, Section 19.35.435 “Site Design” for AB Area Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents:

19. Substantial conformance to the Development Application submitted by Glazier Elgin II, LLC, as applicant, and Kane Holdings, LLC, as property owner, received September 30, 2021, and supporting documents including:

a. Undated Statement of Purpose and Conformance 1007 N. Randall Rd., dated received September 23, 2021;

b. ALTA/NSPS Land Title Survey, prepared by Cage Civil Engineering, dated August 9, 2021, last revised August 25, 2021;

c. Final Plat of Subdivision of Valley Creek Resubdivision, prepared by Cage Civil Engineering, dated August 10, 2021, last revised September 22, 2021, with such further revisions as required by the City Engineer;

d. Landscape Plans, prepared by LG Workshop, LLC, dated August 13, 2021, last revised September 27, 2021, with such further revisions as required by the Community Development Director;

e. Photometric plan for “Starbucks Elgin, IL”, prepared by KSA Lighting & Controls, dated August 19, 2021, with such further revisions as required by the Community Development Director;

f. Architectural plans titled: “ELGIN STARBUCKS at ROYAL BLVD & RANDALL RD ELGIN, IL 60123 for GLAZIER PROJECT LLC.”, prepared by Arcon, dated August 30, 2021, with such further revisions as required by the Community Development Director; and

g. Final engineering plans titled: “FINAL ENGINEERING FOR STARBUCKS – ELGIN 1001 N RANDALL RD. ELGIN, IL”, prepared by Cage Civil Engineering, dated August 13, 2021, with such further revisions as required by the City Engineer.

20. A departure is hereby granted to allow the construction of the proposed restaurant with the minimum vehicle use area interior yard setback of two feet from the south property line.

21. Compliance with all applicable codes and ordinances.

H. Off Street Parking. In this PAB Planned Area Business District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following:

1. A departure is hereby granted to allow the construction of the proposed restaurant on Lot 2 of the Final Plat of Subdivision of Valley Creek Resubdivision with a minimum of 33 parking spaces.

I. Off Street Loading. In this PAB Planned Area Business 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 PAB Planned Area Business District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following:

1.A departure is hereby granted to allow the installation of three primary wall graphics on the proposed restaurant building on Lot 2 of the Final Plat of Subdivision of Valley Creek Resubdivision. The maximum sign surface area of wall graphics installed on the building shall not exceed the maximum permitted sign surface area of four hundred forty (440) square feet. Wall graphics shall not be box-type signs. Wall graphics must be channel letter type signs.

K. Nonconforming Uses and Structures. In this PAB Planned Area Business 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 PAB Planned Area Business 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 PAB Planned Area Business 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 PAB zoning district.

N. Conditional Uses. In this PAB Planned Area Business 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 PAB zoning district.

O. Variations. In this PAB Planned Area Business 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 PAB zoning district.

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: January 26, 2022

Passed: January 26, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 26, 2022

Published: January 26, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

Councilmember Shaw made a motion, seconded by Councilmember Martinez, 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.

Cultural Arts Commission, December 13, 2021

Emergency Telephone System Board –E911, December 16, 2021

Board of Health, October 11, 2021

Heritage Commission, November 2, 2021

Heritage Commission-Design Review, November 23, 2021

Committee of the Whole, December 15, 2021

City Council, December 15, 2021

Riverboat Revenue

Disbursement Report (December, 2021)

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

Councilmember Martinez made a motion, seconded by Councilmember Thoren, 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 7:29 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/7682

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