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City of Elgin City Council met Jan. 11

City of Elgin City Council met Jan. 11.

Here are the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on January 11, 2023, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:15 p.m. The Pledge of Allegiance was led by Mayor David Kaptain.

ROLL CALL

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

MINUTES OF THE DECEMBER 21, 2022, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve the December 21, 2022, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

Martin Luther King, Jr. Proclamation

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, Dr. Martin Luther King, Jr., born in Atlanta, Georgia, attended Morehouse College in Atlanta and Crozer Theological Seminary in Pennsylvania, and was a student thereafter at Boston University and the University of Pennsylvania, and, who following his studies, became a spiritual leader of his church; and

WHEREAS, Dr. Martin Luther King, Jr., as a spiritual leader not only of his own congregation, but of millions throughout the world, espoused the philosophy of nonviolence to all mankind, and in recognition of his teachings was awarded the Nobel Peace Prize; and

WHEREAS, Dr. Martin Luther King, Jr., in his campaign for Civil Rights, extended his work for the benefit of all humanity, and especially for the poor, and was a leader in the cause of world peace; and

WHEREAS, The City of Elgin is a blessed and compassionate city, priding itself on its diversity and welcoming its many immigrant groups and its many communities of faith; and

WHEREAS, The City of Elgin through its Human Relations Commission and the Dr. King Celebration Committee has honored the legacy of Martin Luther King, Jr. for 38 years, reflecting our commitment to Dr. Martin Luther King Jr.’s vision of a nation committed to non violence and love in our cities.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Saturday, January 14th 2023, as the day in honor of the memory of Dr. Martin Luther King, Jr.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of January, 2023.

David J. Kaptain

Mayor

PUBLIC COMMENTS

Sherry Liske stated her concerns regarding the lead service line program and the facet filter options.

BID 22-063 AWARDED TO BURRIS EQUIPMENT THE PURCHASE OF TRACTOR FOR BOWES CREEK COUNTRY CLUB

Councilmember Thoren made a motion, seconded by Councilmember Martinez, to award a contract to Burris Equipment Company in the amount of $40,489 for the purchase of a tractor to replace outdated golf maintenance equipment for use at Bowes Creek Country Club. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 22-066 AWARDED TO REVELS TURF & TRACTOR FOR THE PURCHASE OF A MOWER FOR BOWES CREEK COUNTRY CLUB

Councilmember Thoren made a motion, seconded by Councilmember Shaw, to award a contract to Revels Turf & Tractor in the amount of $29,688 for the purchase of a mower to replace outdated golf maintenance equipment for use at Bowes Creek Country Club. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITIONS 43-22 AND 49-22 APPROVED FOR 581 N. MCLEAN BOULEVARD; AMENDMENT TO PLANNED DEVELOPMENT AND CONDITIONAL USE TO ESTABLISH A MEMBERSHIP ORGANIZATION WITH A COMMERCIAL EVENT SPACE WITHIN AN EXISTING MULTI-TENANT BUILDING

Marc Mylott, Community Development Director, outlined Petitions 43-22 and 49-22 for the location at 581 N. McLean Boulevard. The petition allows for conditional use to establish a membership organization (VFW Post 1307) and commercial event space. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve Petitions 43-22 and 49-22 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITION 45-22 APPROVED FOR 725 W. CHICAGO STREET; AMENDMENT TO AN EXISTING CONDITIONAL USE FOR AN ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT

Marc Mylott, Community Development Director, outlined Petition 45-22 for the location at 725 W. Chicago Street. The petition allows for an amendment to an existing conditional use to establish an accessory package liquor sales. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 45-22 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITION 46-22 APPROVED FOR 63 DOUGLAS AVENUE, UNIT 201; CONDITIONAL USE TO ESTABLISH A TATTOO PARLOR ON THE SECOND FLOOR OF AN EXISTING MULTI-TENANT BUILDING

Marc Mylott, Community Development Director, outlined Petition 46-22 for the location at 63 Douglas Avenue, Unit 201. The petition allows for a conditional use to establish a tattoo parlor. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Dixon made a motion, seconded by Councilmember Good, to approve Petition 46-22 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

AUTHORIZATION FOR PAYMENT TO DUFF ENTERTAINMENT

Councilmember Powell made a motion, seconded by Councilmember Shaw, to approve the payment to Duff Entertainment in the amount of $6,710.25 to cover additional costs incurred for ticketing and security during Nightmare on Chicago Street. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

AUTHORIZATION FOR PAYMENT TO KLM ENGINEERING, INC.

Councilmember Shaw made a motion, seconded by Councilmember Good, to authorize payment to KLM Engineering, Inc. in the amount of $40,093 for completing emergency repairs to reservoirs to ensure optimal water treatment. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

CONSENT AGENDA

By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Good, to pass Ordinance Nos. G1-23 and G2-23 and adopt Resolution Nos. 23-1 and 23-2 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 23-1 ADOPTED AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH FIRE RECOVERY USA, LLC FOR BILLING SERVICES FOR EMERGENCY SERVICES

Councilmember Shaw made a motion, seconded by Councilmember Good, 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. 23-1

RESOLUTION

AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH FIRE RECOVERY USA, LLC FOR BILLING SERVICES FOR EMERGENCY SERVICES

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Services Agreement on behalf of the City of Elgin with Fire Recovery USA, LLC, for billing services for emergency services provided by the Elgin Fire Department, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 11, 2023

Adopted: January 11, 2023

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 23-2 ADOPTED APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD

Councilmember Shaw made a motion, seconded by Councilmember Good, 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. 23-2

RESOLUTION

APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ryan Cortez is hereby appointed as a member of the Parks and Recreation Board, for a term that will expire on May 1, 2024.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Addison Lanton is hereby appointed as a student member of the Parks and Recreation Board, for a term that will expire on August 31, 2023.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 11, 2023

Adopted: January 11, 2023

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G1-23 PASSED AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G21-98, AS AMENDED BY ORDINANCE NO. G35-13 (800-900 S. MCLEAN BOULEVARD)

Councilmember Shaw 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. G1-23

AN ORDINANCE

AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G21-98, AS AMENDED BY ORDINANCE NO. G35-13 (800 – 900 South Mclean Boulevard)

WHEREAS, the territory described herein has been classified in the PNB Planned Neighborhood Business District, and is subject to the requirements of Ordinance No. G21-98; and

WHEREAS, by adopting Ordinance No. G35-13 on August 28, 2013, the City Council amended Ordinance No. G21-98, to permit the installation of an above ground propane tank in the street yard of the Subject Property located at 826 South McLean Boulevard; and

WHEREAS, written application has been made to further amend certain provisions of Ordinance No. G21-98, as amended by Ordinance No. G35-13, to allow a departure from the parking requirements for an amusement and recreation service not elsewhere classified, more specifically a skate park, with a commercial event space for activities pertaining to the assembly of people, and for future permitted uses within the McLean Plaza Shopping Center at 800 - 900 S. McLean Boulevard; and

WHEREAS, the zoning lot containing the premises at 800 - 900 S. McLean Boulevard, is legally described in Section 1 of Ordinance No. G21-98 (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 2022, following due notice including by publication; and

WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and

WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and

WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and

WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PNB Planned Neighborhood Business District Ordinance No. G21-98, as amended by Ordinance No. G35-13, pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 5, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.

Section 2. That Section 2. G. of Ordinance No. G21-98, which regulates “Off-street Parking” in the PNB Planned Neighborhood Business District of the Subject Property, is hereby amended in its entirety to read as follows:

H. Off Street Parking. In this PNB Planned Neighborhood 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 establishment of any use classified as a permitted use in the PNB Planned Neighborhood Business District established by Ordinance No. G21-98, as amended, on the Subject Property, without the requirement to provide additional parking spaces, provided a minimum of 167 parking spaces are located on the Subject Property.

2. Notwithstanding condition 1. above, a departure is hereby granted to allow the establishment of an amusement and recreational service not elsewhere classified, more specifically a skate park, with a commercial event space for activities pertaining to the assembly of people at 820 S. McLean Boulevard on the Subject Property without the requirement to provide additional parking spaces, provided a minimum of 167 parking spaces are located on the Subject Property.

Section 3. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G21-98, as amended by Ordinance No. G35-13. In the event of any conflict between this ordinance, Ordinance No. G21- 98 and Ordinance No. G35-13, this ordinance and associated documents shall control and prevail.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 11, 2023

Passed: January 11, 2023

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 11, 2023

Published: January 11, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G2-23 PASSED GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATION SERVICE NOT ELSEWHERE CLASSIFIED (INDOOR SKATE PARK) AND A COMMERCIAL EVENT SPACE FOR ACTIVITIES PERTAINING TO THE ASSEMBLY OF PEOPLE IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (820 S. MCLEAN BOULEVARD)

Councilmember Shaw 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. G2-23

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATION SERVICE NOT ELSEWHERE CLASSIFIED (INDOOR SKATE PARK) AND A COMMERCIAL EVENT SPACE FOR ACTIVITIES PERTAINING TO THE ASSEMBLY OF PEOPLE IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT

(820 South McLean Boulevard)

WHEREAS, written application has been made requesting conditional use approval to establish an amusement and recreation service not elsewhere classified, more specifically an indoor skate park with a commercial event space for activities pertaining to the assembly of people at 820 South McLean Boulevard; and

WHEREAS, the zoning lot with the building containing the premises at 820 South McLean Boulevard is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District established by Ordinance No. G21-98, as amended by Ordinance No. G35-13, and ARC Arterial Road Corridor Overlay District, and an amusement and recreation service not elsewhere classified, more specifically an indoor skate park, and a commercial event space for activities pertaining to the assembly of people are listed as a conditional use within the PNB Planned Neighborhood Business District established by Ordinance No. G21-98, as amended by Ordinance No. G35-13; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 2022, following due notice including by publication; and

WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and

WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and

WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and

WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the PNB Planned Neighborhood Business District established by Ordinance G21-98, as amended by Ordinance No. G35-13, pertains to the government and affairs of the city.

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

Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 5, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.

Section 2. That a conditional use for an amusement and recreation service not elsewhere classified, more specifically an indoor skate park with a commercial event space for activities pertaining to the assembly of people is hereby granted for the property commonly known as 820 South McLean Boulevard, which is part of the property commonly identified by Kane County Property Index Number 06-27-101-013, and legally described as follows:

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

(Commonly known as 800-826 South McLean Boulevard)

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

3. Substantial conformance to the Development Application submitted by Ian Nathan/I2N, as applicant, and Spartan-Elgin, LLC, as property owner, received September 14, 2022, and supporting documents including:

a. Undated Statement of Purpose and Conformance for I2N, LLC dba Syndicate at 820 S McLean Blvd Elgin, IL 60123, prepared by Ian Nathan, dated received September 27, 2022;

b. Plat of Survey, prepared by Gerald Sopha, dated October 31, 2005;

c. Undated building layout/floor plan for skatepark, with such further revisions as required by the Community Development Director; and Proposed Main Floor Plan Architectural Exhibit (Sheet AE-1), designed by COBU Architecture Studio, dated November 15, 2022; with such further revisions as required by the Community Development Director.

In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.

4. Assembly uses permitted by this grant of conditional use shall include:

a. Banquets (General);

b. Baby Showers and/or Bridal Showers;

c. Baptisms and/or Christenings;

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

e. Conferences, Conventions, and/or Seminars;

f. Colloquiums;

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

h. Corporate and/or Non-profit Events;

i. Couples Night Out Events;

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

k. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes:

l. Exhibitions, including but not limited to Art Shows;

m. Expositions;

n. Fairs and/or Festivals;

o. Fundraisers;

p. Galas;

q. Gallery Displays, including but not limited to works of art, either temporary or permanent;

r. Holiday Parties;

s. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events;

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

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

v. Networking Events;

w. Political Events;

x. Press Conferences;

y. Product Launch Events;

z. Receptions;

aa. Retreats and Team Buildings Events;

bb. Sip and Paint Nights;

cc. Social Events;

dd. Themed Events;

ee. Vendor Fairs (Small Local Vendors);

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

gg. Other like assemblies of people.

5. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations.

6. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended.

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

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

9. Compliance with all applicable codes and ordinances.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: January 11, 2023

Passed: January 11, 2023

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: January 11, 2023

Published: January 11, 2023

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

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

Heritage Commission, November 1, 2022

Human Relations Commission, December 6, 2022

Committee of the Whole, December 7, 2022

City Council, December 7, 2022

Sales Tax Revenue

Telecommunication Tax Revenue

Cannabis Revenue

Riverboat Revenue

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

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

The meeting adjourned at 8:43 p.m.

https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/8255

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