HomeMy WebLinkAboutk - June 13, 2007 CC357
JUNE 13, 2007 VOLUME LXXII
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on June 13, 2007, in
the Council Chambers. The meeting was called to order by Mayor Schock at 7:07 p.m. The
Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by various City
Staff.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters and Mayor Schock. Absent: None.
MINUTES OF THE MAY 23, 2007, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve the
May 23, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
COMMUNICATIONS
Proclamation for Sneakers@Work Day
Mayor Schock read the following proclamation:
WHEREAS, Prostrate cancer kills one man every 13 minutes; and
WHEREAS, For African American men or men with a family history of
prostrate cancer, an annual prostrate exam is necessary by age 40,
but not later than age 45 for all other men; and
WHEREAS, all men age 45 should obtain an annual PSA blood test and track
their PSA score (Prostrate Specific Antigen), a change of 25% or
more is a red flag – see your doctor for immediate follow-up; and
WHEREAS, Early detection can save your life; and
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WHEREAS, Friday, June 15, 2007, the Friday before Father’s Day is the first
annual SNEAKERS@WORK DAY to bring awareness and major
attention to this devastating silent killer among men;
NOW, THEREFORE, I, Ed Schock, Mayor of the City of Elgin, Illinois, do
hereby proclaim Friday, June 15, 2007 SNEAKERS@WORK
DAY in the City of Elgin, Illinois and allow all to wear their
sneakers and blue shoelaces in silent support of prostate cancer
research and awareness.
IN WITNESS WHEREOF, I have hereunto set my hand this
30th Day of May, 2007
s/Ed Schock
Mayor
Ms. Donna Ryan accepted the proclamation from Mayor Schock and presented him with a pair
of tennis shoes with blue shoe laces.
Presentation of Check by Waste Management from the Elgin Waste Transfer Station
A representative from the Waste Management presented the Councilmembers with a check of
over $116,000 for the first quarter proceeds from the Elgin Waste Transfer Station. He thanked
the Council for allowing the Waste Transfer Station in Elgin and he expects the proceeds to rise,
as the transfer station’s daily tonnage escalates. He mentioned that to his knowledge this is the
first LEAD certified transfer station in the nation and that there will be an open house for the
public held in late summer or early fall of this year.
Presentation of Check by Midwest Compost to the Parks & Recreation Scholarship Fund
Mr. Charles Murphy, a representative from Midwest Compost, presented a check to the City of
Elgin Parks and Recreation Department to fund the department’s youth scholarship fund. He
stated that Midwest Compost has promised the City of Elgin an annual contribution of $25,000
for the next five years. Parks and Recreation Director Reopelle accepted the check and thanked
Midwest Compost for their generous donation. He stated that Midwest Compost’s contribution
is the single largest donation to the scholarship fund and it helps the department maintain
services and increases the amount of children that benefit from the fund.
RECOGNIZE PERSONS PRESENT
Danielle Henson, a representative of the Slow Global Warming Group of Elgin, thanked the
Council for their increased efforts to address global warming issues locally and stated that as a
group, they supported the 21 separate initiatives relating to global warming set forth by
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Councilmember Walters and Councilmember Gilliam with the support of Councilmember
Kaptain. She stated that the group asked the Council to pledge to help educate the public and
join with the many area neighbors that have “Gone Green” by signing the Kyoto agreement or
signed other global agreements to help the planet.
Councilmember Kaptain asked City Staff to research the Kyoto agreement and report back to the
Council by the first City Council meeting in July.
Jamie Van Paris and Dick Grieger, representatives from the Homebuyer Expo, donated a check
to Public Action to Deliver Shelter from the left over funds from the Homebuyers Expo project
in the amount of $1,700. They credited Councilmember Figueroa with coming up with the
concept of the Homebuyers Expo, which has operated successfully for five years and which has
ended this year.
Ms. Ina Dews, a resident of the City of Elgin, stated that the Harvest Market will be starting this
Thursday and continuing through September. She stated that the number of vendors at the
market has increased and they will be featuring different local restaurants each week. The
Harvest Market is in the City Hall’s parking lot and will be open from 11:00 a.m. to 7:00 p.m.
BID 07-008 AWARDED TO KONICA MINOLTA FOR CONVENIENCE COPIERS FOR
VARIOUS CITY DEPARTMENTS
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to award a
contract to Konica Minolta for an annual lease cost of $39,547.92 for fourteen black and white
copiers and one color copier for various City departments. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
BID 07-034 AWARDED TO VARIOUS VENDORS FOR LADDER TRUCK
EQUIPMENT
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award for the
purchase of firefighting equipment for a total amount of $64,780.24 from the suppliers listed
below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Supplier Amount
Air One, Inc. $47,117.05
M.E.S. Illinois $9,948.74
U.S. Safety Products $4,069.95
W.S. Darley $3,149.20
Alexis Fire Equipment $200.00
A.E.C. Fire and Safety $197.40
Environmental Safety Group, Inc. $97.90
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BID 07-035 AWARDED TO VARIOUS VENDORS FOR FIRE ENGINE EQUIPMENT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award for the
purchase of firefighting equipment for a total amount of $97,195.48 from the suppliers listed
below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Supplier Amount
Air One, Inc. $38,898.55
M.E.S. Illinois $20,692.49
EMC $22,510.00
W.S. Darley $9,417.35
U.S. Safety Products $4,341.09
Alexis Fire Equipment $1,296.00
Environmental Safety Group, Inc. $40.00
BID 07-036 AWARDED TO RALPH HELM, INC. FOR THE PURCHASE OF SEVEN
REPLACEMENT MOWERS FOR THE PUBLIC WORKS, LAND MANAGEMENT
DIVISION
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a
contract to Ralph Helm, Inc. in the amount of $55, 343 for the purchase of seven Z500 Pro-
Performance Toro mowers for the Public Works Department, Land Management Division, and
that six existing mowers be used as trade-ins. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-046 AWARDED TO THIRD MILLENNIUM ASSOCIATES, INC. FOR WATER
BILL PRINTING AND MAILING SERVICES
Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a
contract to Third Millennium in the amount of $34,960 annually for the printing, folding, and
mailing of City of Elgin water bills and delinquency notices for a period of two years with two
one-year options to renew. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-053 AWARDED TO VARIOUS VENDORS FOR THE CONSTRUCTION OF
FIRE STATION 7
Councilmember Walters made a motion, seconded by Councilmember Gilliam, to approve the
package of bids to the companies outlined in the memo provided to Council for a total dollar
amount of $1,296,328.40. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
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361
BID 07-057 AWARDED TO COMPLETE FENCE FOR THE INSTALLATION OF
FENCE FOR WING PARK GOLF COURSE PHASE II
Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a
contract to Complete Fence in the amount of $76,039 for the installation of black aluminum
fence at Wing Park Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-062 AWARDED TO NORTHWEST FORD FOR THE PURCHASE OF FOUR
REPLACEMENT ONE TON DUMP TRUCKS FOR THE PUBLIC WORKS
DEPARTMENT, STREET AND LAND MANAGEMENT DIVISION
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a
contract to Northwest Ford in the amount of $204,102 for the purchase of four replacement one
ton dump trucks for the Street and Land Management Divisions of the Public Works
Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-064 AWARDED TO ARROW ROAD CONSTRUCTION FOR THE 2007
INTERMITTENT RESURFACING PROGRAM
Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a
contract to Arrow Road Construction for $1,157,000 for the 2007 Intermittent Resurfacing
Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-065 AWARDED ALTERNATE BID NO. 1 TO ARROW ROAD
CONSTRUCTION FOR THE 2007 UNIMPROVED STREET PROGRAM
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to award the
Alternate No. 1 Bid to Arrow Road Construction in the amount of $234,860.50 for the 2007
Unimproved Street Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-066 AWARDED TO FREEHILL ASPHALT, INC. FOR THE 2007 CRACK
SEALING PROGRAM
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to award a
contract to Freehill Asphalt, Inc. in the amount of $64,008 for the 2007 Crack Sealing Program.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
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BID 07-067 AWARDED TO HTE VAR, LLC FOR THE IBM SYSTEM i SERVER
Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a
contract to HTE VAR, LLC in the amount of $81,332.82 for a IBM System i Server. Upon a roll
call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
BID 07-068 AWARDED TO LANDMARK CONTRACTORS, INC. FOR THE 2007
CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE
PROJECT
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a
contract to Landmark Contractors, Inc. in the amount of $3,748,142.71 for the 2007 Central
Business District Street Resurfacing and Streetscape Project Phase I. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
BID 07-072 AWARDED TO SHERLOCK SYSTEMS, INC. FOR COMPUTER SERVERS
Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a
contract to Sherlock Systems, Inc. in the amount of $14,786 for computer servers. Upon a roll
call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
PUBLIC HEARING CONTINUED REGARDING AN ANNEXATION AGREEMENT,
ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR THE WESEMANN
PROPERTY; PROPERTY LOCATED AT 955 MARSHALL ROAD; BY HPI ELGIN,
LLC, AS APPLICANT AND OWNER (PETITION 02-07)
Community Development Director Deering stated that the applicant has requested that the public
hearing for Petition 02-07 be continued at the next City Council meeting to be held on June 27,
2007.
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to continue the
public hearing for Petition 02-07 at the next City Council meeting to be held on June 27, 2007.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
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PETITION 12-07 APPROVED REQUESTING A VARIATION OF TITLE 21 OF THE
ELGIN MUNICIPAL CODE – STORMWATER MANAGEMENT ORDINANCE OF
THE CITY OF ELGIN; PROPERTY LOCATED AT 601 SOUTH STATE STREET, BY
CITY OF ELGIN, AS APPLICANT, AND THE FOREST PRESERVE DISTRICT OF
KANE COUNTY, AS OWNER
Community Development Director Deering stated that the City is requesting a variation of the
Kane County Stormwater management Ordinance amended and adopted under Title 21 of the
Elgin Municipal Code. He stated that the intended improvements consist of 4.65 acres for a
parking lot, boat launch and boardwalk, and grading for a detention basin and compensatory
storage. The site is unique because the proposed detention facility is to be located in the
floodplain of the Fox River and the site largely consists of naturalized wetlands and wooded
areas that will not be disturbed as part of the development. Mr. Deering stated that the Planning
and Development Commission approved the petition subject to the conditions outlined in the
memo provided to the City Council.
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve
Petition 12-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 23-07 APPROVED REQUESTING TEXT AMENDMENTS TO TITLE 19,
ZONING, OF THE ELGIN MUNICIPAL CODE, RELATING TO EXTERIOR DESIGN
ELEMENTS AND ALLOWABLE LAND USES IN THE ARC ARTERIAL ROAD
CORRIDOR OVERLAY DISTRICT, AND TO THE DEFINITION AND ZONING
DISTRICT CLASSIFICATIONS FOR EMERGENCY SHELTERS; BY THE CITY OF
ELGIN, AS APPLICANT
Community Development Director Deering stated that the Community Development Group and
the Planning and Development Commission recommend the approval of the three text
amendments proposed in Petition 23-07 outlined below:
1. Proposed Text Amendment to Elgin Municipal Code Section 19.15.525
Entitled “Site Design and Building Elevations”; And Ordinance G36-01
Entitled “An Ordinance Adopting Arterial Road Corridor Design
Guidelines”. The City of Elgin is proposing to amend the text of the zoning
ordinance relating to exterior design elements in the ARC Arterial Road
Corridor Overlay District. The amendment clarifies the requirements of the
ARC Arterial Road Corridor District with regard to allowable exterior
building materials within the overlay district.
2. Proposed Text Amendment to Elgin Municipal Code Section 19.15.520
Entitled “Land Use”. The City of Elgin is proposing to amend the text of the
zoning ordinance relating to allowable land uses in the ARC Arterial Road
Corridor. The need for proposed amendments to regulate and control various
land uses that locate along the arterial road corridors has arisen over time.
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This amendment will enhance the effectiveness of the zoning ordinance in
regulating those land uses having unique characteristics and unusual impacts
on entryway corridors. These uses should not locate along the City’s arterial
roads.
3. Proposed Text Amendment to Elgin Municipal Code Section 19
Regarding Emergency Shelters. The City of Elgin is proposing to amend the
text of the zoning ordinance relating to the definition and zoning district
classifications for emergency shelters. A definition of “emergency shelter”
that clearly defines what constitutes an emergency shelter is needed. Limiting
the zoning district classifications for emergency shelters will provide greater
control over the locations for this land use.
Councilmember Figueroa stated that he agrees with the amendments that are being proposed in
this petition, however he expressed concern regarding how this would impact potential
businesses that are currently in the approval stages of the development process with the City. He
believes that these amendments will negatively impact several businesses that have already
invested a significant amount of time and money in the petition approval process with the City.
Councilmember Kaptain agreed with Councilmember Figueroa that it was too late to “change the
rules” when the applicants have done everything that has been asked of them so far. He believes
that approving the amendments will send a terrible message that will negatively impact the City
by reducing the number of businesses that are willing to open their businesses within the City.
He stated that he would not be supporting the amendments this evening.
Councilmember Powers questioned which applicant Councilmember Figueroa and
Councilmember Kaptain were referring to. Councilmember Kaptain stated that the applicant is
trying to expand his business at 368 Dundee Avenue.
Councilmember Walters stated that there will never be a time when there isn’t a business that is
involved in the application and approval process. He believes that the Council should go
forward with the proposed amendments, which have needed to be revisited and quantified long
before now.
Councilmember Powers stated that he agreed with Councilmember Walters that there will never
be a perfect moment to implement the proposed amendments. He believes that the proposed
amendments will go a long way to raising the standards for our arterial roads and supports the
changes.
Councilmember Walters made a motion, seconded by Councilmember Powers, to approve
Petition 23-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gilliam,
Powers, Steffen, Walters, and Mayor Schock. Nays: Councilmember Figueroa and
Councilmember Kaptain.
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REQUEST APPROVED TO EXTEND THE TERM OF THE PRELIMINARY PLAN
FOR THE VALLEY CREEK TOWNHOMES
Community Development Director Deering stated that the property owner, Valley Creek of
Elgin, Inc., has requested a one year extension of the term of their preliminary plan to allow them
the opportunity to find a new developer for the project. The Community Development Group in
view of the current conditions in the housing market and the property owner’s efforts to attract a
new developer, staff is recommending extending the term of the preliminary plan by two years.
Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve the
two year extension on the term of the preliminary plan for the Valley Creek Townhomes. Upon
a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters,
and Mayor Schock. Nays: None.
PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE AND SALE BY THE
CITY OF ELGIN OF TAX EXEMPT REVENUE BONDS (THE BOYS AND GIRLS
CLUB OF ELGIN, INC. PROJECT), SERIES 2007 IN A PRINCIPAL AMOUNT OF
NOT TO EXCEED $2,100,000 FOR THE PURPOSE OF FINANCING ALL OR A
PORTION OF THE COSTS OF CERTAIN FACILITIES OF THE BOYS AND GIRLS
CLUB OF ELGIN, INC. LOCATED AT ELGIN, ILLINOIS.
Mayor Schock declared the public hearing open.
City Manager Folarin stated that everything is in order for the issuance of the bonds.
Mayor Schock noted that there will be no cost or risk associated with the bonds for the City of
Elgin.
No one else chose to speak, and Mayor Schock declared the public hearing closed.
ORDINANCE T33-07 PASSED AUTHORIZING THE ISSUANCE AND SALE BY THE
CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS OF ITS TAX-EXEMPT
REVENUE BONDS (THE BOYS AND GIRLS CLUB OF ELGIN, INC. PROJECT)
SERIES 2007 IN A PRINCIPAL AMOUNT OF NOT TO EXCEED $2,100,000 FOR THE
PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CERTAIN
FACILITIES OF THE BOYS AND GIRLS CLUB OF ELGIN, INC. LOCATED AT
ELGIN, ILLINOIS, AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND
AND LOAN AGREEMENT UNDER WHICH THE BONDS WILL BE ISSUED AND
SOLD TO ELGIN STATE BANK AND THE PROCEEDS OF THE BONDS WILL BE
LOANED TO THE BOYS AND GIRLS CLUB OF ELGIN, INC., A PLACEMENT
AGENT AGREEMENT AMONG THE CITY, THE BOYS AND GIRLS CLUB OF
ELGIN, INC. AND LASALLE FINANCIAL SERVICES, INC. AND A TAX
EXEMPTION CERTIFICATE AND AGREEMENT PERTAINING TO THE TAX
EXEMPTION OF THE BONDS; APPROVING CERTAIN OTHER AGREEMENTS;
AND RELATED MATTERS
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Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
ORDINANCE T33-07 IS NOT INCLUDED IN THESE MINUTES.
THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE.
ORDINANCE G32-07 PASSED AMENDING TITLE 13 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS,"
ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF UTILITY
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G32-07
AN ORDINANCE
AMENDING TITLE 13 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED “STREETS AND SIDEWALKS,”
ESTABLISHING STANDARDS FOR
THE CONSTRUCTION OF UTILITY FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Elgin is a home rule municipality in accordance with the
Constitution of the State of Illinois of 1970; and
WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs and governing the use of public rights-of-
ways and that protect the public health, safety, and welfare of its citizens; and
WHEREAS, in addition to the City's power as a home rule municipality, this Ordinance
is adopted pursuant to the provisions of the Illinois Municipal Code, including, without
limitation, Sections 11-20-5, 11-20-10, 11-80-1, 11-80-3, 11-80-6, 11-80-7, 11-80-8, 11- 80-10,
and 11-80-13, all of which are found in Chapter 65 of the Illinois Compiled Statutes; Section 30
of the Illinois Telecommunications Municipal Infrastructure Maintenance Fee Act, 35 ILCS
635/30; Section 4 of the Telephone Company Act, 220 ILCS 65/4; and the Illinois Highway
Code, including, without limitation, Articles 7 and 9 thereof, 605 ILCS 5/1-101 et seq.; and
WHEREAS, this Ordinance establishes generally applicable standards for construction
on, over, above, along, upon, under, across, or within, use of and repair of, the public right-of-
way; and
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WHEREAS, in the enactment of this ordinance, the City has considered a variety of
standards for construction on, over, above, along, under, across, or within, use of and repair of
the public right-of-way, including, but not limited to, the standards relating to Accommodation
of Utilities on Right-of-Way of the Illinois State Highway System promulgated by the Illinois
Department of Transportation and found at 92 Ill. Adm. Code § 530.10 et seq.;
WHEREAS, the City hereby finds that it is in the best interest of the City, the public and
the utilities using the public rights-of-way to establish a comprehensive set of construction
standards and requirements to achieve various beneficial goals, including, without limitation,
enhancing the planning of new utility facilities; minimizing interference with, and damage to,
rights-of-way and the streets, sidewalks, and other structures and improvements located in, on,
over and above the rights-of-way; and reducing costs and expenses to the public;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
Elgin as follows:
Section 1. That Title 13 of the Elgin Municipal Code, 1976, as amended, entitled
“Streets and Sidewalks,” be and is hereby amended to create Chapter 13.15 to read as follows:
“CHAPTER 13.15
CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
SECTION:
I: PURPOSES; DEFINITIONS
13.15.010: Purpose and Scope
13.15.020: Definitions
II: REGISTRATION; PERMITS
13.15.030: Annual Registration Required
13.15.040: Permit Requires; Application and Fees
13.15.050: Action on Permit Applications
13.15.060: Effect of Permit
13.15.070: Revised Permit Drawings
13.15.080: Insurance
13.15.090: Indemnification
13.15.100: Security
13.15.110: Permit Suspension and Revocation
13.15.120: Change of Ownership or Owner’s Identity or Legal Status
III: CONSTRUCTION REQUIREMENTS
13.15.130: General Construction Standards
13.15.140: Traffic Control
13.15.150: Location of Facilities
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13.15.160: Construction Methods and Materials
13.15.170: Vegetation Control
13.15.180: Removal, Relocation, or Modifications of Utility Facilities
13.15.190: Cleanup and Restoration
13.15.200: Maintenance and Emergency Maintenance
IV: VARIANCES
13.15.210: Variances
13.15.220: Penalties
13.15.230: Enforcement
13.15.240: Severability
I: PURPOSES; DEFINITIONS
13.15.010: PURPOSE AND SCOPE:
A. Purpose. The purpose of this Chapter is to establish policies and procedures for
constructing facilities on rights-of-way within the City’s jurisdiction, which will provide
public benefit consistent with the preservation of the integrity, safe usage, and visual
qualities of the City rights-or-way and the City as a whole.
B. Facilities Subject to This Chapter. This Chapter applies to all facilities on, over, above,
along, upon, under, across, or within the public rights-of-way within the jurisdiction of
the City. A facility lawfully established prior to the effective date of this Chapter may
continue to be maintained, repaired and operated by the utility as presently constructed
and located, except as may be otherwise provided in any applicable franchise, license or
similar agreement.
C. Franchises, Licenses, or Similar Agreements. The City, in its discretion and as limited by
law, may require utilities to enter into a franchise license or similar agreement for the
privilege of locating their facilities on, over, above, along, upon, under, across, or within
the City rights-of-way. Utilities that are not required by law to enter into such an
agreement may request that the City enter into such an agreement. In such an agreement,
the City may provide for terms and conditions inconsistent with this Chapter
D. Effect of Franchises, Licenses, or Similar Agreements.
1. Utilities Other Than Telecommunications Providers. In the event that a utility other
than a telecommunications provider has a franchise, license or similar agreement with the
City, such franchise, license or similar agreement shall govern and control during the
term of such agreement and any lawful renewal or extension thereof.
2. Telecommunications Providers. In the event of any conflict with, or inconsistency
between, the provisions of this Chapter and the provisions of any franchise, license or
similar agreement between the City and any telecommunications provider, the provisions
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of such franchise, license or similar agreement shall govern and control during the term
of such agreement and any lawful renewal or extension thereof.
E. Conflicts with Other Chapters. This Chapter supersedes all Chapters or parts of Chapters
adopted prior hereto that are in conflict herewith, to the extent of such conflict.
F. Conflicts with State and Federal Laws. In the event that applicable federal or State laws
or regulations conflict with the requirements of this Chapter, the utility shall comply with
the requirements of this Chapter to the maximum extent possible without violating
federal or State laws or regulations.
G. Sound Engineering Judgment. The City shall use sound engineering judgment when
administering this Chapter and may vary the standards, conditions, and requirements
expressed in this Chapter when the City so determines. Nothing herein shall be construed
to limit the ability of the City to regulate its rights-of-way for the protection of the public
health, safety and welfare.
13.15.020: DEFINITIONS:
As used in this Chapter and unless the context clearly requires otherwise, the words and terms
listed shall have the meanings ascribed to them in this Section. Any term not defined in this
Section shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, unless the context
clearly requires otherwise.
AASHTO: American Association of State Highway and Transportation Officials.
ANSI: American National Standards Institute.
APPLICANT: A person applying for a permit under this Chapter.
ASTM: American Society for Testing and Materials.
BACKFILL: The methods or materials for replacing excavated material in a trench or pit.
BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe
or electrical conductor.
CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.
CASING: A structural protective enclosure for transmittal devices such as: carrier pipes,
electrical conductors, and fiber optic devices.
CITY: The City of Elgin.
CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available
for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-
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recoverable slope, and a clear run-out area. The desired width is dependent upon the traffic
volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO
Roadside Design Guide.
COATING: Protective wrapping or mastic cover applied to buried pipe for protection against
external corrosion.
CODE: The Elgin Municipal Code, 1976, as amended.
CONDUCTOR: Wire carrying electrical current.
CONDUIT: A casing or encasement for wires or cables.
CONSTRUCTION or CONSTRUCT: The installation, repair, maintenance, placement,
alteration, enlargement, demolition, modification or abandonment in place of facilities.
COVER: The depth of earth or backfill over buried utility pipe or conductor. Crossing Facility:
A facility that crosses one or more right-of-way lines of a right-of-way.
CITY ENGINEER: The City of Elgin Engineer or his or her designee.
DISRUPT THE RIGHT-OF-WAY: For the purposes of this Chapter, any work that obstructs the
right-of-way or causes a material adverse effect on the use of the right-of-way for its intended
use. Such work may include, without limitation, the following: excavating or other cutting;
placement (whether temporary or permanent) of materials, equipment, devices, or structures;
damage to vegetation; and compaction or loosening of the soil, and shall not include the parking
of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a
highway.
EMERGENCY: Any immediate maintenance to the facility required for the safety of the public
using or in the vicinity of the right-of-way or immediate maintenance required for the health and
safety of the general public served by the utility.
ENCASEMENT: Provision of a protective casing.
EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate
construction of facilities.
EXCAVATION: The making of a hole or cavity by removing material, or laying bare by
digging.
EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.
FACILITY: All structures, devices, objects, and materials (including, but not limited to, track
and rails, wires, ducts, fiber optic cable, communications and video cables and wires, poles,
conduits, grates, covers, pipes, cables, fixtures, cabinets, boxes, structures, devices and
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appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-
way under this Chapter, except those owned by the City.
FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such
as an antenna, transformer, pump, or meter station.
FRONTAGE ROAD: Roadway, usually parallel, providing access to land adjacent to the
highway where it is precluded by control of access on highway.
HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by the City Engineer to pose an
unreasonable and imminent risk to the life, health or safety of persons or property or to the
ecological balance of the environment, including, but not limited to explosives, radioactive
materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents,
flammables, corrosives or any substance determined to be hazardous or toxic under any federal
or state law, statute or regulation.
HIGHWAY CODE: The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from
time to time.
HIGHWAY: A specific type of right-of-way used for vehicular traffic including rural or urban
roads or streets. “Highway” includes all highway land and improvements, including roadways,
ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures
and appurtenances necessary or convenient for vehicle traffic.
IDOT: Illinois Department of Transportation.
ILCC: Illinois Commerce Commission.
JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without
boring.
JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead
of the pipe.
JOINT USE: The use of pole lines, trenches or other facilities by two or more utilities.
Major Intersection: The intersection of two or more major arterial highways.
J.U.L.I.E.: Joint Utility Locating Information for Excavators, a not-for-profit corporation that
provides contractors, excavators, homeowners, and others who may be disturbing the earth, with
a free service through a single toll-free phone number to call for the locating and marking of
underground utility facilities pursuant to the Illinois Underground Utility Facility Damage
Prevention Act, 220 ILCS 50/1 et seq., as amended.
OCCUPANCY: The presence of facilities on, over or under right-of-way.
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PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of a
right-of-way.
PARKWAY: Any portion of the right-of-way not improved by street or sidewalk.
PAVEMENT CUT: The removal of an area of pavement for access to facility or for the
construction of a facility.
PERMITTEE: That entity to which a permit has been issued pursuant to Sections 13.15.040 and
13.15.050 of this Chapter.
PRACTICABLE: That which is performable, feasible or possible, rather than that which is
simply convenient.
PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in
pounds per square inch gauge (psig).
PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum
products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
PROMPT: That which is done within a period of time specified by the City. If no time period is
specified, the period shall be 30 days.
PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local,
state or federal level.
RESIDENCE CONSERVATION DISTRICT or RESIDENCE DISTRICT: A zoning district
classified under Section 19.07.300B or Section 19.07.300C, respectively, of the Elgin Municipal
Code, 1976, as amended.
RESTORATION: The repair of a right-of-way, highway, roadway, or other area disrupted by the
construction of a facility.
RIGHT-OF-WAY: Any street, alley, other land or waterway, dedicated or commonly used for
utility purposes, including utility easements in which the City has the right and authority to
authorize, regulate or permit the location of facilities other than those of the City. “Right-of-
way” shall not include any real or personal City property that is not specifically described in the
previous two sentences and shall not include City buildings, fixtures, and other structures or
improvements, regardless of whether they are situated in the right-of-way.
ROADWAY: That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing
of telecommunications and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries or between wholly
owned subsidiaries, when the gross charge made by one such corporation to another such
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corporation is not greater than the gross charge paid to the retailer for their use or consumption
and not for sale.
SECURITY FUND: That amount of security required pursuant to Section 13.15.100.
SHOULDER: A width of roadway, adjacent to the pavement, providing lateral support to the
pavement edge and providing an area for emergency vehicular stops and storage of snow
removed from the pavement.
SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted
engineering principles, practices and experience.
TELECOMMUNICATIONS: This term includes, but is not limited to, messages or information
transmitted through use of local, toll, and wide area telephone service, channel services,
telegraph services, teletypewriter service, computer exchange service, private line services,
specialized mobile radio services, or any other transmission of messages or information by
electronic or similar means, between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite, or similar facilities. Unless the context clearly requires otherwise,
“telecommunications” shall also include wireless telecommunications as defined in the Illinois
Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1 et seq.
“Telecommunications” shall not include value added services in which computer processing
applications are used to act on the form, content, code, and protocol of the information for
purposes other than transmission. “Telecommunications” shall not include purchase of
telecommunications by a telecommunications service provider for use as a component part of the
service provided by him or her to the ultimate retail consumer who originates or terminates the
end-to-end communications. Retailer access charges, right of access charges, charges for use of
intercompany facilities, and all telecommunications resold in the subsequent provision and used
as a component of, or integrated into, end-to-end telecommunications service shall not be
included in gross charges as sales for resale. “Telecommunications” shall not include the
provision of cable services through a cable system as defined in the Cable Communications Act
of 1984 (47 U.S.C. Sections 521 and following) as now or hereafter amended or cable or other
programming services subject to an open video system fee payable to the City through an open
video system as defined in the Rules of the Federal Communications Commission (47 C.D.F.
76.1550 and following) as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER: Means any person that installs, owns, operates or
controls facilities in the public right-of-way used or designed to be used to transmit
telecommunications in any form.
TELECOMMUNICATIONS RETAILER: Means and includes every person engaged in making
sales of telecommunications at retail as defined herein.
TRENCH: A relatively narrow open excavation for the installation of an underground facility.
UTILITY: The individual or entity owning or operating any facility as defined in this Chapter.
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VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an
underground casing.
WATER LINES: Pipelines carrying raw or potable water.
WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to
provide a sluice for the excavated material.
II. REGISTRATION; PERMITS
13.15.030: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right-of-way within the City shall register on January 1 of each year
with the City Engineer, providing the utility’s name, address and regular business telephone and
telecopy numbers, e-mail address, the name of one or more contact persons who can act on
behalf of the utility in connection with emergencies involving the utility’s facilities in the right-
of-way and a 24-hour telephone number for each such person, and evidence of insurance as
required in Section 13.15.080 of this Chapter, in the form of a certificate of insurance.
13.15.040: PERMIT REQUIRED; APPLICATIONS AND FEES:
A. Permit Required. No person shall construct (as defined in this Chapter) any facility on,
over, above, along, upon, under, across, or within any City right-of-way which (1)
changes the location of the facility, (2) adds a new facility, (3) disrupts the right-of-way
(as defined in this Chapter), or (4) materially increases the amount of area or space
occupied by the facility on, over, above, along, under across or within the right-of-way,
without first filing an application with the City Engineer and obtaining a permit from the
City therefor, except as otherwise provided in this Chapter. No permit shall be required
for installation and maintenance of service connections to customers’ premises where
there will be no disruption of the right-of-way.
B. Permit Application. All applications for permits pursuant to this Chapter shall be filed on
a form provided by the City and shall be filed in such number of duplicate copies as the
City may designate. The applicant may designate those portions of its application
materials that is reasonably believes contain proprietary or confidential information as
“proprietary” or “confidential” by clearly marking each page of such materials
accordingly.
C. Minimum General Application Requirements. The application shall be made by the
utility or its duly authorized representative and shall contain, at a minimum, the
following:
1. The utility’s name and address and telephone and telecopy numbers;
2. The applicant’s name and address, if different than the utility, its telephone, telecopy
numbers, e-mail address, and its interest in the work;
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3. The names, addresses and telephone and telecopy numbers and e-mail addresses of all
professional consultants, if any, advising the applicant with respect to the application;
4. The names, addresses and telephone and telecopy numbers and email addresses of
general contractors and subcontractors performing any work under permit for which
application is made;
5. The name of, and a 24-hour emergency contact telephone number for, at least one
person with primary responsibility for the work under the permit for which application is
made;
6. A general description of the proposed work and the purposes and intent of the facility
and the uses to which the facility will be put. The scope and detail of such description
shall be appropriate to the nature and character of the work to be performed, with special
emphasis on those matters likely to be affected or impacted by the work proposed;
7. Evidence that the utility has placed on file with the City:
a. A written traffic control plan demonstrating the protective measures and
devices that will be employed consistent with the Illinois Manual on Uniform Traffic
Control Devices, to prevent injury or damage to persons or property and to minimize
disruptions to efficient pedestrian and vehicular traffic; and
b. An emergency contingency plan which shall specify the nature of potential
emergencies, including, without limitation, construction and hazardous materials
emergencies, and the intended response by the applicant. The intended response shall
include notification to the City and shall promote protection of the safety and
convenience of the public. Compliance with ILCC regulations for emergency
contingency plans constitutes compliance with this Section unless the City finds that
additional information or assurances are needed;
8. Drawings, plans and specifications showing the work proposed, including the
certification of an engineer that such drawings, plans, and specifications comply with
applicable codes, rules, and regulations;
9. Evidence of insurance as required in Section 13.15.080 of this Chapter;
10. Evidence of posting of the security fund as required in Section 13.15.100 of this
Chapter;
11. Any request for a variance from one or more provisions of this Chapter (See Section
13.15.210); and
12. Such additional information as may be reasonably required by the City.
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D. Supplemental Application Requirements for Specific Types of Utilities. In addition to the
requirements of Subsection (C) of this Section, the permit application shall include the
following items as applicable to the specific utility that is the subject of the permit
application:
1. In the case of electric power, communications or natural gas distribution system
installation, evidence that any “Certificate of Public Convenience and Necessity” has
been issued by the ILCC that the applicant is required by law, or has elected, to obtain;
2. In the case of natural gas systems, state the proposed pipe size, design, construction
class, and operating pressures;
3. In the case of water lines, indicate that all requirements of the Illinois Environmental
Protection Agency, Division of Public Water Supplies, have been satisfied;
4. In the case of sewer line installations, indicate that the land and water pollution
requirements of the Illinois Environmental Protection Agency, Division of Water
Pollution Control, the Fox River Water Reclamation District or the Metropolitan Water
Reclamation District of Greater Chicago have been satisfied; or
5. In the case of petroleum products pipelines, state the type or types of petroleum
products, pipe size, maximum working pressure, and the design standard to be followed.
E. Applicant’s Duty to Update Information. Throughout the entire permit application review
period and the construction period authorized by the permit, any amendments to
information contained in a permit application shall be submitted by the utility in writing
to the City within thirty (30) days after the change necessitating the amendment.
F. Application Fees. Unless otherwise provided by franchise, license, or similar agreement,
all applications for permits pursuant to this Chapter shall be accompanied by a fee in the
amount set forth in the Annual Fee Resolution. No application fee is required to be paid
by any telecommunications retailer that is paying the municipal telecommunications tax
imposed under the Simplified Municipal Telecommunications Tax Act (35 ILCS 636/5-1
et seq.), or by any electricity utility that is paying the municipal electricity infrastructure
maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Law (35 ILCS
635/15 et seq.).
13.15.050: ACTION ON PERMIT APPLICATIONS:
A. City Review of Permit Applications. Completed permit applications, containing all
required documentation, shall be examined by the City Engineer within a reasonable time
after filing. If the application does not conform to the requirements of all applicable
ordinances, codes, laws, rules, and regulations, the City Engineer shall reject such
application in writing, stating the reasons therefor. If the City Engineer is satisfied that
the proposed work conforms to the requirements of this Chapter and all applicable
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ordinances, codes, laws, rules, and regulations, the City Engineer shall issue a permit
therefor as soon as practicable.
B. Additional City Review of Applications of Telecommunications Retailers.
1. Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a
telecommunications retailer shall notify the City that it intends to commence work
governed by this Chapter for facilities for the provision of telecommunications services.
Such notice shall consist of plans, specifications, and other documentation sufficient to
demonstrate the purpose and intent of the facilities, and shall be provided by the
telecommunications retailer to the City not less than ten (10) days prior to the
commencement of work requiring no excavation and not less than thirty (30) days prior
to the commencement of work requiring excavation. The City Engineer shall specify the
portion of the right-of-way upon which the facility may be placed, used and constructed.
2. In the event that the City Engineer fails to provide such specification of location to the
telecommunications retailer within either (i) ten (10) days after service of notice to the
City by the telecommunications retailer in the case of work not involving excavation for
new construction or (ii) twenty-five (25) days after service of notice by the
telecommunications retailer in the case of work involving excavation for new
construction, the telecommunications retailer may not commence work without obtaining
a permit under this Chapter.
3. Upon the provision of such specification by the City, where a permit is required for
work pursuant to Section 13.15.040 of this Chapter the telecommunications retailer shall
submit to the City an application for a permit and any and all plans, specifications and
documentation available regarding the facility to be constructed. Such application shall
be subject to the requirements of Subsection (A) of this Section.
13.15.060: EFFECT OF PERMIT:
A. Authority Granted; No Property Right or Other Interest Created. A permit from the City
authorizes a permittee to undertake only certain activities in accordance with this Chapter
on City rights-of-way, and does not create a property right or grant authority to the
permittee to impinge upon the rights of others who may have an interest in the public
rights-of-way.
B. Duration. No permit issued under this Chapter shall be valid for a period longer than six
(6) months unless construction is actually begun within that period and is thereafter
diligently pursued to completion.
C. Pre-Construction Meeting Required. No construction shall begin pursuant to a permit
issued under this Chapter prior to attendance by the permittee and all major contractors
and subcontractors who will perform any work under the permit at a pre-construction
meeting. The pre-construction meeting shall be held at a date, time and place designated
by the City with such City representatives in attendance as the City deems necessary. The
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meeting shall be for the purpose of reviewing the work under the permit and special
considerations necessary in the areas where work will occur, including, without
limitation, presence or absence of other utility facilities in the area and their locations,
procedures to avoid disruption of other utilities, use of rights-of-way by the public during
construction, and access and egress by adjacent property owners.
D. Compliance with All Laws Required. The issuance of a permit by the City does not
excuse the permittee from complying with other requirements of the City and all
applicable statutes, laws, ordinances, rules, and regulations.
13.15.070: REVISED PERMIT DRAWINGS:
In the event that the actual locations of any facilities deviate in any material respect from the
locations identified in the plans, drawings and specifications submitted with the permit
application, the permittee shall submit a revised set of drawings or plans to the City within ninety
(90) days after the completion of the permitted work. The revised drawings or plans shall
specifically identify where the locations of the actual facilities deviate from the locations
approved in the permit. If any deviation from the permit also deviates from the requirements of
this Chapter, it shall be treated as a request for variance in accordance with Section 13.15.210 of
this Chapter. If the City denies the request for a variance, then the permittee shall either remove
the facility from the right-of-way or modify the facility so that it conforms to the permit and
submit revised drawings or plans therefor.
13.15.080: INSURANCE:
A. Required Coverages and Limits. Unless otherwise provided by franchise, license, or
similar agreement, each utility occupying right-of-way or constructing any facility in the
right-of-way shall secure and maintain the following liability insurance policies insuring
the utility as named insured and naming the City, and its elected and appointed officers,
officials, agents, and employees as additional insureds on the policies listed in paragraphs
1 and 2 below:
1. Commercial general liability insurance, including premises-operations, explosion,
collapse, and underground hazard (commonly referred to as “X,” “C,” and “U”
coverages) and products-completed operations coverage with limits not less than:
a. Five million dollars ($5,000,000) for bodily injury or death to each person;
b. Five million dollars ($5,000,000) for property damage resulting from any one
accident; and
c. Five million dollars ($5,000,000) for all other types of liability;
2. Automobile liability for owned, non-owned and hired vehicles with a combined single
limit of three million dollars ($3,000,000) for personal injury and property damage for
each accident;
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3. Worker’s compensation with statutory limits; and
4. Employer’s liability insurance with limits of not less than one million dollars
($1,000,000) per employee and per accident.
If the utility is not providing such insurance to protect the contractors and subcontractors
performing the work, then such contractors and subcontractors shall comply with this
Section.
B. Excess or Umbrella Policies. The coverages required by this Section may be in any
combination of primary, excess, and umbrella policies. Any excess or umbrella policy
must provide excess coverage over underlying insurance on a following-form basis such
that when any loss covered by the primary policy exceeds the limits under the primary
policy, the excess or umbrella policy becomes effective to cover such loss.
C. Copies Required. The utility shall provide copies of any of the policies required by this
Section to the City within ten (10) days following receipt of a written request therefor
from the City.
D. Maintenance and Renewal of Required Coverages. The insurance policies required by
this Section shall contain the following endorsement:
“It is hereby understood and agreed that this policy may not be canceled nor the
intention not to renew be stated until thirty (30) days after receipt by the City, by
registered mail or certified mail, return receipt requested, of a written notice
addressed to the City Manager of such intent to cancel or not to renew.”
Within ten (10) days after receipt by the City of said notice, and in no event later than ten
(10) days prior to said cancellation, the utility shall obtain and furnish to the City
evidence of replacement insurance policies meeting the requirements of this Section.
E. Self-Insurance. A utility may self-insure all or a portion of the insurance coverage and
limit requirements required by Subsection (A) of this Section. A utility that self-insures is
not required, to the extent of such self-insurance, to comply with the requirement for the
naming of additional insureds under Subsection (A), or the requirements of Subsections
(B), (C) and (D) of this Section. A utility that elects to self-insure shall provide to the
City evidence sufficient to demonstrate its financial ability to self-insure the insurance
coverage and limit requirements required under Subsection (A) of this Section, such as
evidence that the utility is a “private self insurer” under the Workers Compensation Act.
F. Effect of Insurance and Self-Insurance on Utility’s Liability. The legal liability of the
utility to the City and any person for any of the matters that are the subject of the
insurance policies or self-insurance required by this Section shall not be limited by such
insurance policies or self-insurance or by the recovery of any amounts thereunder.
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13.15.090: INDEMNIFICATION:
By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to
defend, indemnify and hold the City and its elected and appointed officials and officers,
employees, agents and representatives harmless from and against any and all injuries, claims,
demands, judgments, damages, losses and expenses, including reasonable attorney’s fees and
costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the
negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its
affiliates, officers, employees, agents, contractors or subcontractors in the construction of
facilities or occupancy of the rights-of-way, and in providing or offering service over the
facilities, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or
by a franchise, license, or similar agreement; provided, however, that the utility’s indemnity
obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages,
losses or expenses arising out of or resulting from the negligence, misconduct or breach of this
Chapter by the City, its officials, officers, employees, agents or representatives.
13.15.100: SECURITY:
A. Purpose. The permittee shall establish a Security Fund in a form and in an amount as set
forth in this Section. The Security Fund shall be continuously maintained in accordance
with this Section at the permittee’s sole cost and expense until the completion of the work
authorized under the permit. The Security Fund shall serve as security for:
1. The faithful performance by the permittee of all the requirements of this Chapter;
2. Any expenditure, damage, or loss incurred by the City occasioned by the permittee’s
failure to comply with any codes, rules, regulations, orders, permits and other directives
of the City issued pursuant to this Chapter; and
3. The payment by permittee of all liens and all damages, claims, costs, or expenses that
the City may pay or incur by reason of any action or non-performance by permittee in
violation of this Chapter including, without limitation, any damage to public property or
restoration work the permittee is required by this Chapter to perform that the City must
perform itself or have completed as a consequence solely of the permittee’s failure to
perform or complete, and all other payments due the City from the permittee pursuant to
this Chapter or any other applicable law.
B. Form. The permittee shall provide the Security Fund to the City in the form, at the
permittee’s election, of cash, a surety bond in a form acceptable to the City, or an
unconditional letter of credit in a form acceptable to the City. Any surety bond or letter of
credit provided pursuant to this Subsection shall, at a minimum:
1. Provide that it will not be canceled without prior notice to the City and the permittee;
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2. Not require the consent of the permittee prior to the collection by the City of any
amounts covered by it; and
3. Shall provide a location convenient to the City and within the State of Illinois at which
it can be drawn.
C. Amount. The dollar amount of the Security Fund shall be sufficient to provide for the
reasonably estimated cost to restore the right-of-way to at least as good a condition as
that existing prior to the construction under the permit, as determined by the City
Engineer, and may also include reasonable, directly related costs that the City estimates
are likely to be incurred if the permittee fails to perform such restoration. Where the
construction of facilities proposed under the permit will be performed in phases in
multiple locations in the City, with each phase consisting of construction of facilities in
one location or a related group of locations, and where construction in another phase will
not be undertaken prior to substantial completion of restoration in the previous phase or
phases, the City Engineer may, in the exercise of sound discretion, allow the permittee to
post a single amount of security which shall be applicable to each phase of the
construction under the permit. The amount of the Security Fund for phased construction
shall be equal to the greatest amount that would have been required under the provisions
of this Subsection (C) for any single phase.
D. Withdrawals. The City, upon fourteen (14) days’ advance written notice clearly stating
the reason for, and its intention to exercise withdrawal rights under this Subsection, may
withdraw an amount from the Security Fund, provided that the permittee has not
reimbursed the City for such amount within the fourteen (14) day notice period.
Withdrawals may be made if the permittee:
1. Fails to make any payment required to be made by the permittee hereunder;
2. Fails to pay any liens relating to the facilities that are due and unpaid;
3. Fails to reimburse the City for any damages, claims, costs or expenses which the City
has been compelled to pay or incur by reason of any action or non-performance by the
permittee; or
4. Fails to comply with any provision of this Chapter that the City determines can be
remedied by an expenditure of an amount in the Security Fund.
E. Replenishment. Within fourteen (14) days after receipt of written notice from the City
that any amount has been withdrawn from the Security Fund, the permittee shall restore
the Security Fund to the amount specified in Subsection (C) of this Section.
F. Interest. The permittee may request that any and all interest accrued on the amount in the
Security Fund be returned to the permittee by the City, upon written request for said
withdrawal to the City, provided that any such withdrawal does not reduce the Security
Fund below the minimum balance required in Subsection (C) of this Section.
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G. Closing and Return of Security Fund. Upon completion of the work authorized under the
permit, the permittee shall be entitled to the return of the Security Fund, or such portion
thereof as remains on deposit, within a reasonable time after account is taken for all
offsets necessary to compensate the City for failure by the permittee to comply with any
provisions of this Chapter or other applicable law. In the event of any revocation of the
permit, the Security Fund, and any and all accrued interest therein, shall become the
property of the City to the extent necessary to cover any reasonable costs, loss or damage
incurred by the City as a result of said revocation, provided that any amounts in excess of
said costs, loss or damage shall be refunded to the permittee.
H. Rights Not Limited. The rights reserved to the City with respect to the Security Fund are
in addition to all other rights of the City, whether reserved by this Chapter or otherwise
authorized by law, and no action, proceeding or exercise of right with respect to said
Security Fund shall affect any other right the City may have. Notwithstanding the
foregoing, the City shall not be entitled to a double monetary recovery with respect to any
of its rights that may be infringed or otherwise violated.
13.15.110: PERMIT SUSPENSION AND REVOCATION:
A. City Right to Revoke Permit. The City may revoke or suspend a permit issued pursuant to
this Chapter for one or more of the following reasons:
1. Fraudulent, false, misrepresenting, or materially incomplete statements in the permit
application;
2. Non-compliance with this Chapter;
3. Permittee’s physical presence or presence of permittee’s facilities on, over, above,
along, upon, under, across, or within the public rights-of-way presents a direct or
imminent threat to the public health, safety, or welfare; or
4. Permittee’s failure to construct the facilities substantially in accordance with the permit
and approved plans.
B. Notice of Revocation or Suspension. The City shall send written notice of its intent to
revoke or suspend a permit issued pursuant to this Chapter stating the reason or reasons
for the revocation or suspension and the alternatives available to permittee under this
Section 13.15.110.
C. Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension. Upon
receipt of a written notice of revocation or suspension from the City, the permittee shall
have the following options:
1. Immediately provide the City with proof that no cause exists for the revocation or
suspension;
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2. Immediately correct, to the satisfaction of the City, the deficiencies stated in the
written notice, providing written proof of such correction to the City within five (5)
working days after receipt of the written notice of revocation; or
3. Immediately remove the facilities located on, over, above, along, upon, under, across,
or within the public rights-of-way and restore the rights-of-way to the satisfaction of the
City providing written proof of such removal to the City within ten (10) days after receipt
of the written notice of revocation.
The City may, in its discretion, for good cause shown, extend the time periods provided
in this Subsection.
D. Stop Work Order. In addition to the issuance of a notice of revocation or suspension, the
City may issue a stop work order immediately upon discovery of any of the reasons for
revocation set forth within Subsection (A) of this Section.
E. Failure or Refusal of the Permittee to Comply. If the permittee fails to comply with the
provisions of Subsection (C) of this Section, the City or its designee may, at the option of
the City: (1) correct the deficiencies; (2) upon not less than twenty (20) days notice to the
permittee, remove the subject facilities or equipment; or (3) after not less than thirty (30)
days notice to the permittee of failure to cure the non-compliance, deem them abandoned
and property of the City. The permittee shall be liable in all events to the City for all costs
of removal.
13.15.120: CHANGE OF OWNERSHIP OR OWNER’S IDENTITY OR LEGAL
STATUS:
A. Notification of Change. A utility shall notify the Engineer and the City Manager no less
than thirty (30) days prior to the transfer of ownership of any facility in the right-of-way
or change in identity of the utility. The new owner of the utility or the facility shall have
all the obligations and privileges enjoyed by the former owner under the permit, if any,
and all applicable laws, ordinances, rules and regulations, including this Chapter, with
respect to the work and facilities in the right-of-way.
B. Amended Permit. A new owner shall request that any current permit be amended to show
current ownership. If the new owner fails to have a new or amended permit issued in its
name, the new owner shall be presumed to have accepted, and agreed to be bound by, the
terms and conditions of the permit if the new owner uses the facility or allows it to
remain on the City’s right-of-way.
C. Insurance and Bonding. All required insurance coverage or bonding must be changed to
reflect the name of the new owner upon transfer.
III. CONSTRUCTION REQUIREMENTS
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13.15.130: GENERAL CONSTRUCTION STANDARDS:
A. Standards and Principles. All construction in the right-of-way shall be consistent with
applicable ordinances, codes, laws rules and regulations, and commonly recognized and
accepted traffic control and construction principles, sound engineering judgment and,
where applicable, the principles and standards set forth in the following IDOT
publications:
(1) Standard Specifications for Road and Bridge Construction;
(2) Supplemental Specifications and Recurring Special Provisions;
(3) Highway Design Manual;
(4) Highway Standards Manual;
(5) Standard Specifications for Traffic Control Items;
(6) Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code § 545);
(7) Flagger’s Handbook; and
(8) Work Site Protection Manual for Daylight Maintenance Operations.
B. Interpretation of Municipal Standards and Principles. If a discrepancy exists between or
among differing principles and standards required by this Chapter, the City Engineer
shall determine, in the exercise of sound engineering judgment, which principles apply
and such decision shall be final. If requested, the City Engineer shall state which standard
or principle will apply to the construction, maintenance, or operation of a facility in the
future.
13.15.140: TRAFFIC CONTROL:
A. Minimum Requirements. The City’s minimum requirements for traffic protection are
contained in IDOT’s Illinois Manual on Uniform Traffic Control Devices and this Code.
B. Warning Signs, Protective Devices, and Flaggers. The utility is responsible for providing
and installing warning signs, protective devices and flaggers, when necessary, meeting all
applicable federal, state, and local requirements for protection of the public and the
utility’s workers when performing any work on the public rights-of-way.
C. Interference with Traffic. All work shall be phased so that there is minimum interference
with pedestrian and vehicular traffic.
D. Notice When Access is Blocked. At least forty-eight (48) hours prior to beginning work
that will partially or completely block access to any residence, business or institution, the
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utility shall notify the resident, business or institution of the approximate beginning time
and duration of such work; provided, however, that in cases involving emergency repairs
pursuant to Section 13.15.200 of this Chapter, the utility shall provide such notice as is
practicable under the circumstances.
E. Compliance. The utility shall take immediate action to correct any deficiencies in traffic
protection requirements that are brought to the utility’s attention by the City.
13.15.150: LOCATION OF FACILITIES:
A. Parallel Facilities Located Within Highways.
1. Overhead Parallel Facilities. An overhead parallel facility may be located within the
right-of-way lines of a highway only if:
a. Lines are located as near as practicable to the right-of-way line and as nearly
parallel to the right-of-way line as reasonable pole alignment will permit;
b. Where pavement is curbed, poles are as remote as practicable from the curb
with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;
c. Where pavement is uncurbed, poles are as remote from pavement edge as
practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of
the roadway and are not within the clear zone;
d. No pole is located in the ditch line of a highway; and
e. Any ground-mounted appurtenance is located within one foot (0.3 m) of the
right-of-way line or as near as possible to the right-of-way line.
2. Underground Parallel Facilities. An underground parallel facility may be located
within the right-of-way lines of a highway only if:
a. The facility is located as near the right-of-way line as practicable and not more
than eight (8) feet (2.4 m) from and parallel to the right-of-way line;
b. A new facility may be located under the paved portion of a highway only if
other locations are impracticable or inconsistent with sound engineering judgment (e.g., a
new cable may be installed in existing conduit without disrupting the pavement); and
c. In the case of an underground power or communications line, the facility shall
be located as near the right-of-way line as practicable and not more than five (5) feet (1.5
m) from the right-of-way line and any above-grounded appurtenance shall be located
within one foot (0.3 m) of the right-of-way line or as near as practicable.
B. Facilities Crossing Highways.
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1. No Future Disruption. The construction and design of crossing facilities installed
between the ditch lines or curb lines of City highways may require the incorporation of
materials and protections (such as encasement or additional cover) to avoid settlement or
future repairs to the roadbed resulting from the installation of such crossing facilities.
2. Cattle Passes, Culverts, or Drainage Facilities. Crossing facilities shall not be located
in cattle passes, culverts, or drainage facilities.
3. Ninety-Degree Crossing Required. Crossing facilities shall cross at or as near to a
ninety (90) degree angle to the centerline as practicable.
4. Overhead Power or Communication Facility. An overhead power or communication
facility may cross a highway only if:
a. It has a minimum vertical line clearance as required by ILCC’s rules entitled,
“Construction of Electric Power and Communication Lines” (83 Ill. Adm. Code 305);
b. Poles are located within one foot (0.3 m) of the right-of-way line of the
highway and outside of the clear zone; and
c. Overhead crossings at major intersections are avoided.
5. Underground Power or Communication Facility. An underground power or
communication facility may cross a highway only if:
a. The design materials and construction methods will provide maximum
maintenance-free service life; and
b. Capacity for the utility’s foreseeable future expansion needs is provided in the
initial installation.
6. Markers. The City may require the utility to provide a marker at each right-of-way line
where an underground facility other than a power or communication facility crosses a
highway. Each marker shall identify the type of facility, the utility, and an emergency
phone number. Markers may also be eliminated as provided in current Federal
regulations. (49 C.F.R. 192.707 (1989)).
C. Facilities to be Located Within Particular Rights-of-Way. The City may require that
facilities be located within particular rights-of-way that are not highways, such as
easements, rather than within particular highways.
D. Freestanding Facilities.
1. The City may restrict the location and size of any freestanding facility located within a
right-of-way.
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2. The exterior dimensions of any freestanding facility being installed within a right-of-
way in or adjacent to a residence conservation district or residence district shall not
greater than fifty inches (50”) in height, by thirty-six and one-half (36 ½”) in length, by
seventeen and one-half (17 ½“) in width.
3. The City may require any freestanding facility located within a right-of-way to be
screened from view.
E. Appearance Standards.
1. The City may prohibit the installation of facilities in particular locations in order to
preserve visual quality.
2. A facility may be constructed only if its construction does not require extensive
removal or alteration of trees or terrain features visible to the highway user or impair the
aesthetic quality of the lands being traversed.
F. Above Ground Installation. Above ground facilities may be installed only if:
1. No other existing facilities in the area are located underground;
2. New underground installation is not technically feasible;
3. The exterior dimensions of the facility are not greater than fifty inches (50”) high by
thirty-six and one-half (36 ½”) long, by seventeen and one-half (17 ½“) wide and are not
being installed within a right-of-way in or adjacent to a residence conservation district or
residence district; and
4. The proposed installation will be made at a location, and will employ suitable design
and materials, to provide the greatest protection of aesthetic qualities of the area being
traversed without adversely affecting safety. Suitable designs include, but are not limited
to, self-supporting armless, single-pole construction with vertical configuration of
conductors and cable.
G. Facility Attachments to Bridges or Roadway Structures.
1. Facilities may be installed as attachments to bridges or roadway structures only where
the utility has demonstrated that all other means of accommodating the facility are not
practicable. Other means shall include, but are not limited to, underground, underwater,
independent poles, cable supports and tower supports, all of which are completely
separated from the bridge or roadway structure. Facilities transmitting commodities that
are volatile, flammable, corrosive, or energized, especially those under significant
pressure or potential, present high degrees of risk and such installations are not permitted.
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2. A utility shall include in its request to accommodate a facility installation on a bridge
or roadway structure supporting data demonstrating the impracticability of alternate
routing. Approval or disapproval of an application for facility attachment to a bridge or
roadway structure will be based upon the following considerations:
a. The type, volume, pressure or voltage of the commodity to be transmitted and
an evaluation of the resulting risk to persons and property in the event of damage to or
failure of the facility;
b. The type, length, value, and relative importance of the highway structure in the
transportation system;
c. The alternative routings available to the utility and their comparative
practicability;
d. The proposed method of attachment;
e. The ability of the structure to bear the increased load of the proposed facility;
f. The degree of interference with bridge maintenance and painting;
g. The effect on the visual quality of the structure; and
h. The public benefit expected from the utility service as compared to the risk
involved.
13.15.160: CONSTRUCTION METHODS AND MATERIALS:
A. Standards and Requirements for Particular Types of Construction Methods.
1. Boring or Jacking.
a. Pits and Shoring. Boring or jacking under rights-of-way shall be accomplished
from pits located at a minimum distance specified by the City Engineer from the edge of
the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in
advance of boring or jacking operations and backfilled within 48 hours after boring or
jacking operations are completed. While pits are open, they shall be clearly marked and
protected by barricades. Shoring shall be designed, erected, supported, braced, and
maintained so that it will safely support all vertical and lateral loads that may be imposed
upon it during the boring or jacking operation.
b. Wet Boring or Jetting. Wet boring or jetting shall not be permitted under the
roadway.
c. Borings with Diameters Greater Than 6 Inches. Borings over six inches (0.15
m) in diameter shall be accomplished with an auger and following pipe, and the diameter
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of the auger shall not exceed the outside diameter of the following pipe by more than one
inch (25 mm).
d. Borings with Diameters 6 Inches or Less. Borings of six inches or less in
diameter may be accomplished by either jacking, guided with auger, or auger and
following pipe method.
e. Tree Preservation. Any facility located within the drip line of any tree
designated by the City to be preserved shall be bored under or around the root system.
2. Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way
shall be done in accord with the applicable portions of Section 603 of IDOT’s “Standard
Specifications for Road and Bridge Construction.”
a. Length. The length of open trench shall be kept to the practicable minimum
consistent with requirements for pipeline testing. Only one-half of any intersection may
have an open trench at any time unless special permission is obtained from the City
Engineer.
b. Open Trench and Excavated Material. Open trench and windrowed excavated
material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform
Traffic Control Devices. Where practicable, the excavated material shall be deposited
between the roadway and the trench as added protection. Excavated material shall not be
allowed to remain on the paved portion of the roadway. Where right-of-way width does
not allow for windrowing excavated material off the paved portion of the roadway,
excavated material shall be hauled to an off-road location.
c. The utility shall not trench within the drip line of any tree designated by the
City to be preserved.
3. Backfilling.
a. Any pit, trench, or excavation created during the installation of facilities shall
be backfilled for its full width, depth, and length using methods and materials in
accordance with IDOT’s “Standard Specifications for Road and Bridge Construction.”
When excavated material is hauled away or is unsuitable for backfill, suitable granular
backfill shall be used.
b. For a period of three years from the date construction of a facility is completed,
the utility shall be responsible to remove and restore any backfilled area that has settled
due to construction of the facility. If so ordered by the City Engineer, the utility, at its
expense, shall remove any pavement and backfill material to the top of the installed
facility, place and properly compact new backfill material, and restore new pavement,
sidewalk, curbs, and driveways to the proper grades, as determined by the City Engineer.
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4. Pavement Cuts. Pavement cuts for facility installation or repair shall be permitted on a
highway only if that portion of the highway is closed to traffic. If a variance to the
limitation set forth in this Subsection (A)(4) is permitted under Section 13.15.210, the
following requirements shall apply:
a. Any excavation under pavements shall be backfilled as soon as practicable with
granular material of CA-6 or CA-10 gradation, as designated by the City Engineer.
b. Restoration of pavement, in kind, shall be accomplished as soon as practicable,
and temporary repair with bituminous mixture shall be provided immediately. Any
subsequent failure of either the temporary repair or the restoration shall be rebuilt upon
notification by the City.
c. All saw cuts shall be full depth.
d. For all rights-of-way which have been reconstructed with a concrete
surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits
shall not be issued unless such work is determined to be an emergency repair or other
work considered necessary and unforeseen before the time of the reconstruction or unless
a pavement cut is necessary for a J.U.L.I.E. locate.
5. Encasement.
a. Casing pipe shall be designed to withstand the load of the highway and any
other superimposed loads. The casing shall be continuous either by one-piece fabrication
or by welding or jointed installation approved by the City.
b. The venting, if any, of any encasement shall extend within one foot (0.3 m) of
the right-of-way line. No aboveground vent pipes shall be located in the area established
as clear zone for that particular section of the highway.
c. In the case of water main or service crossing, encasement shall be furnished
between bore pits unless continuous pipe or City approved jointed pipe is used under the
roadway. Casing may be omitted only if pipe is installed prior to highway construction
and carrier pipe is continuous or mechanical joints are of a type approved by the City.
Bell and spigot type pipe shall be encased regardless of installation method.
d. In the case of gas pipelines of 60 psig or less, encasement may be eliminated.
e. In the case of gas pipelines or petroleum products pipelines with installations of
more than 60 psig, encasement may be eliminated only if: (1) extra heavy pipe is used
that precludes future maintenance or repair and (2) cathodic protection of the pipe is
provided;
f. If encasement is eliminated for a gas or petroleum products pipeline, the facility
shall be located so as to provide that construction does not disrupt the right-of-way.
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6. Minimum Cover of Underground Facilities. Cover shall be provided and maintained at
least in the amount specified in the following table for minimum cover for the type of
facility:
TYPE OF FACILITY MINIMUM COVER
Power or Communication Line (In General)
Communication Line Installed by the Plowed
Method
30 Inches (0.8 m)
24 Inches (0.6 m)
Gas or Petroleum Products 30 Inches (0.8 m)
Water Line Sufficient Cover to Provide Freeze
Protection
Sanitary Sewer, Storm Sewer, or Drainage
Line
Sufficient Cover to Provide Freeze
Protection
B. Standard and Requirements for Particular Types of Facilities.
1. Electric Power or Communication Lines.
a. Code Compliance. Electric power or communications facilities within City
rights-of-way shall be constructed, operated, and maintained in conformity with the
provisions of 83 Ill. Adm. Code 305 (formerly General Order 160 of the Illinois
Commerce Commission) entitled “Rules for Construction of Electric Power and
Communications Lines,” and the National Electrical Safety Code.
b. Overhead Facilities. Overhead power or communication facilities shall use
single pole construction and, where practicable, joint use of poles shall be used. Utilities
shall make every reasonable effort to design the installation so guys and braces will not
be needed. Variances may be allowed if there is no feasible alternative and if guy wires
are equipped with guy guards for maximum visibility.
c. Underground Facilities. (1) Cable may be installed by trenching or plowing,
provided that special consideration is given to boring in order to minimize damage when
crossing improved entrances and side roads. (2) If a crossing is installed by boring or
jacking, encasement shall be provided between jacking or bore pits. Encasement may be
eliminated only if: (a) the crossing is installed by the use of “moles,” “whip augers,” or
other approved method which compress the earth to make the opening for cable
installation or (b) the installation is by the open trench method which is only permitted
prior to roadway construction. (3) Cable shall be grounded in accordance with the
National Electrical Safety Code.
2. Underground Facilities Other than Electric Power or Communication Lines.
Underground facilities other than electric power or communication lines may be installed
by:
a. The use of “moles,” “whip augers,” or other approved methods that compress
the earth to move the opening for the pipe;
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b. Jacking or boring with vented encasement provided between the ditch lines or
toes of slopes of the highway;
c. Open trench with vented encasement between ultimate ditch lines or toes of
slopes, but only if prior to roadway construction; or
d. Tunneling with vented encasement, but only if installation is not possible by
other means.
3. Gas Transmission, Distribution and Service. Gas pipelines within rights-of-way shall
be constructed, maintained, and operated in a City approved manner and in conformance
with the Federal Code of the Office of Pipeline Safety Operations, Department of
Transportation, Part 192 – Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards (49 CFR 192), IDOT’s “Standard Specifications for
Road and Bridge Construction,” and all other applicable laws, rules, and regulations.
4. Petroleum Products Pipelines. Petroleum products pipelines within rights-of-way shall
conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid
Petroleum Transportation Piping Systems ANSI-B 31.4).
5. Waterlines, Sanitary Sewer Lines, Storm Water Sewer Lines or Drainage Lines. Water
lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights-of-way
shall meet or exceed the recommendations of the current “Standard Specifications for
Water and Sewer Main Construction in Illinois.”
6. Ground Mounted Appurtenances. Ground mounted appurtenances to overhead or
underground facilities, when permitted within a right-of-way, shall be provided with a
vegetation-free area extending one foot (305 mm) in width beyond the appurtenance in
all directions. The vegetation-free area may be provided by an extension of the mounting
pad, or by heavy-duty plastic or similar material approved by the City Engineer. With the
approval of the City Engineer, shrubbery surrounding the appurtenance may be used in
place of vegetation-free area. The housing for ground-mounted appurtenances shall be
painted a neutral color to blend with the surroundings.
C. Materials.
1. General Standards. The materials used in constructing facilities within rights-of-way
shall be those meeting the accepted standards of the appropriate industry, the applicable
portions of IDOT’s “Standards Specifications for Road and Bridge Construction,” the
requirements of the Illinois Commerce Commission, or the standards established by other
official regulatory agencies for the appropriate industry.
2. Material Storage on Right-of-Way. All pipe, conduit, wire, poles, cross arms, or other
materials shall be distributed along the right-of-way prior to and during installation in a
manner to minimize hazards to the public or an obstacle to right-of-way maintenance or
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damage to the right-of-way and other property. If material is to be stored on right-of-way,
prior approval must be obtained from the City.
3. Hazardous Materials. The plans submitted by the utility to the City shall identify any
hazardous materials that may be involved in the construction of the new facilities or
removal of any existing facilities.
D. Operational Restrictions.
1. Construction operations on rights-of-way may, at the discretion of the City, be required
to be discontinued when such operations would create hazards to traffic or the public
health, safety, and welfare. Such operations may also be required to be discontinued or
restricted when conditions are such that construction would result in extensive damage to
the right-of-way or other property.
2. These restrictions may be waived by the City Engineer when emergency work is
required to restore vital utility services.
3. Unless otherwise permitted by the City, the hours of construction are those set forth in
Title 16 of this Code.
E. Location of Existing Facilities. Any utility proposing to construct facilities in the City
shall contact J.U.L.I.E. and the City's Department of Public Works and ascertain the
presence and location of existing above-ground and underground facilities within the
rights-of-way to be occupied by its proposed facilities. The City will make its permit
records available to a utility for the purpose of identifying possible facilities. When
notified of an excavation or when requested by the City or by J.U.L.I.E., a utility shall
locate and physically mark its underground facilities within 48 hours, excluding
weekends and holidays, in accordance with the Illinois Underground Facilities Damage
Prevention Act. (220 ILCS 50/1 et seq.)
13.15.170: VEGETATION CONTROL:
A. Tree Trimming Permit Required. Tree trimming shall not be considered a normal
maintenance operation, but shall require the application for, and the issuance of, such
permits as may be required pursuant to Chapter 13.20 of this Code, in addition to any
other permit required under this Chapter. The Engineer shall review all tree trimming
requests.
B. Chemical Use. Spraying of any type of brush-killing chemicals will not be permitted on
rights-of-way unless the utility demonstrates to the satisfaction of the City Engineer that
such spraying is the only practicable method of vegetation control.
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Section 13.15.180: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY
FACILITIES:
A. Notice. Within ninety (90) days following written notice from the City, a utility shall, at
its own expense, temporarily or permanently remove, relocate, change or alter the
position of any utility facilities within the rights-of-way whenever the corporate
authorities have determined that such removal, relocation, change or alteration, is
reasonably necessary for the construction, repair, maintenance, or installation of any City
improvement in or upon, or the operations of the City in or upon, the rights-of-way.
B. Removal of Unauthorized Facilities. Within thirty (30) days following written notice
from the City, any utility that owns, controls, or maintains any unauthorized facility or
related appurtenances within the public rights-of-way shall, at its own expense, remove
all or any part of such facilities or appurtenances from the public rights-of-way. A facility
is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee’s license or franchise, unless
otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or
franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit
in violation of this Chapter; or
(4) If the facility was constructed or installed at a location not permitted by the
permittee’s license or franchise.
C. Emergency Removal or Relocation of Facilities. The City retains the right and privilege
to cut or move any facilities located within the rights-of-way of the City, as the City may
determine to be necessary, appropriate or useful in response to any public health or safety
emergency. If circumstances permit, the municipality shall attempt to notify the utility, if
known, prior to cutting or removing a facility and shall notify the utility, if known, after
cutting or removing a facility.
D. Abandonment of Facilities. Upon abandonment of a facility within the public rights-of-
way of the City, the utility shall notify the City within ninety (90) days. Following receipt
of such notice the City may direct the utility to remove all or any portion of the facility if
the City Engineer determines that such removal will be in the best interest of the public
health, safety and welfare. In the event that the City does not direct the utility that
abandoned the facility to remove it, by giving notice of abandonment to the City, the
abandoning utility shall be deemed to consent to the alteration or removal of all or any
portion of the facility by another utility or person.
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13.15.190: CLEANUP AND RESTORATION:
Upon completion of all construction or maintenance of facilities, the utility shall remove all
excess material and restore all turf and terrain in a timely manner and to the satisfaction of the
City. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall
be made using materials and methods approved by the City Engineer. Such cleanup and repair
may be required to consist of backfilling, regrading, reseeding, resodding, or any other
requirement to restore the right-of-way to a condition substantially equivalent to that which
existed prior to the commencement of the project.
13.15.200: MAINTENANCE AND EMERGENCY MAINTENANCE:
A. General. Facilities on, over, above, along, upon, under, across, or within rights-of-way
are to be maintained by or for the utility in a manner satisfactory to the City and at the
utility’s expense.
B. Emergency Maintenance Procedures. Emergencies may justify non-compliance with
normal procedures for securing a permit:
1. If an emergency creates a hazard on the traveled portion of the right-of-way, the utility
shall take immediate steps to provide all necessary protection for traffic on the highway
or the public on the right-of-way including the use of signs, lights, barricades or flaggers.
If a hazard does not exist on the traveled way, but the nature of the emergency is such as
to require the parking on the shoulder of equipment required in repair operations,
adequate signs and lights shall be provided. Parking on the shoulder in such an
emergency will only be permitted when no other means of access to the facility is
available.
2. In an emergency, the utility shall, as soon as possible, notify the City Engineer or his
or her duly authorized agent of the emergency, informing him or her as to what steps
have been taken for protection of the traveling public and what will be required to make
the necessary repairs. If the nature of the emergency is such as to interfere with the free
movement of traffic, the City police shall be notified immediately.
3. In an emergency, the utility shall use all means at hand to complete repairs as rapidly
as practicable and with the least inconvenience to the traveling public.
C. Emergency Repairs. The utility must file in writing with the City of a description of the
repairs undertaken in the right-of-way within 48 hours after an emergency repair.
VOLUME LXXII JUNE 13, 2007
396
IV. VARIANCES
13.15.210: VARIANCES:
A. Request for Variance. A utility requesting a variance from one or more of the provisions
of this Chapter must do so in writing to the City Engineer as a part of the permit
application. The request shall identify each provision of this Chapter from which a
variance is requested and the reasons why a variance should be granted.
B. Authority to Grant Variances. The City Engineer shall decide whether a variance is
authorized for each provision of this Chapter identified in the variance request on an
individual basis.
C. Conditions for Granting of Variance. The City Engineer may authorize a variance only if
the utility requesting the variance has demonstrated that:
1. One or more conditions not under the control of the utility (such as terrain features or
an irregular right-of-way line) create a special hardship that would make enforcement of
the provision unreasonable, given the public purposes to be achieved by the provision;
and
2. All other designs, methods, materials, locations or facilities that would conform with
the provision from which a variance is requested are impracticable in relation to the
requested approach.
D. Additional Conditions for Granting of a Variance. As a condition for authorizing a
variance, the City Engineer may require the utility requesting the variance to meet
reasonable standards and conditions that may or may not be expressly contained within
this Chapter but which carry out the purposes of this Chapter.
13.15.220: PENALTIES:
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the
provisions of this Chapter shall be subject to fine in accordance with the penalty provisions of
this Code. There may be times when the City will incur delay or other costs, including third party
claims, because the utility will not or cannot perform its duties under its permit and this Chapter.
Unless the utility shows that another allocation of the cost of undertaking the requested action is
appropriate, the utility shall bear the City’s costs of damages and its costs of installing,
maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No
other administrative agency or commission may review or overrule a permit related cost
apportionment of the City. Sanctions may be imposed upon a utility that does not pay the costs
apportioned to it.
JUNE 13, 2007 VOLUME LXXII
397
13.15.230: ENFORCEMENT:
Nothing in this Chapter shall be construed as limiting any additional or further remedies that the
City may have for enforcement of this Chapter.
13.15.240: SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions hereof.”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this Chapter
is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE G33-07 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "ZONING"
Councilmember Kaptain made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Powers, Steffen,
Walters, and Mayor Schock. Nays: Councilmember Figueroa and Councilmember Kaptain.
VOLUME LXXII JUNE 13, 2007
398
Ordinance No. G33-07
AN ORDINANCE
AMENDING TITLE 19 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED, “ZONING”
WHEREAS, the city has previously undertaken a comprehensive planning process that
was first initiated in June 200l; and
WHEREAS, as one part of the comprehensive planning process, the city’s arterial road
corridors were evaluated for the purposes of determining appropriate land uses, appearance and
design goals, and objectives for the city’s arterial road corridors; and
WHEREAS, following the adoption of the comprehensive plan, new zoning regulations
were prepared to reinforce the desired development character along the arterial road corridors,
being codified at Section 19.15.500 of the Elgin Zoning Ordinance and entitled “ARC Arterial
Road Corridor Overlay District,” that section including by reference design guidelines entitled
“Arterial Road Corridor Design Guidelines”; and
WHEREAS, the “Arterial Road Corridor Design Guidelines” are intended to guide
property owners, businesses, designers, the community and the city council in making decisions
which will result in quality improvements and development along the city’s arterial road
corridors; and
WHEREAS, the “ARC Arterial Road Corridor Overlay Districts” are intended to
establish the desired development character along the arterial road corridors; and
WHEREAS, the city has filed a petition seeking revisions to the land uses within “ARC
Arterial Road Corridor Overlay District” and to the appearance and design goals established in
the “Arterial Road Corridor Design Guidelines” in furtherance of its objectives for the city’s
arterial road corridors; and
WHEREAS, the planning and development commission has conducted a public hearing
after due notice and submitted its written findings and recommendations on the proposed
amendments; and
WHEREAS, the city council has considered the recommendations of the planning and
development commission when determining its amendments to the land uses within “ARC
Arterial Road Corridor Overlay District” and to the appearance and design goals established in
the “Arterial Road Corridor Design Guidelines.”
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
JUNE 13, 2007 VOLUME LXXII
399
Section 1. That Section 19.15.520 entitled “Land Use,” of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended to read as follows:
19.15.520: LAND USE:
In the ARC Arterial Road Corridor Overlay District, the only “land uses” [SR] allowed
shall be the land uses allowed in the underlying zoning districts. Notwithstanding the
foregoing, and notwithstanding any “land uses” [SR] allowed in the underlying zoning
districts including, but not limited to, any underlying planned development zoning
districts, the following “land uses” [SR] are prohibited in the ARC Arterial Road
Corridor Overlay District:
A. Finance, insurance, and real estate division
Check cashing agencies (6099)
B. Services Division
Recreational vehicle parks and campsites (7033)
"Emergency Shelters" [SR] (8322)
C. Personal Services Division
Power laundries (7211)
D. Business Services Division
Miscellaneous equipment rental and leasing (735)
E. Motor Vehicle Services Division
“Motor vehicle repair shops” [SR] (753)
“Motor vehicle top, body and upholstery repair, and paint shops” [SR] (7532)
Automotive services (7549), excepting automotive oil change and lubrication
shops
F. Repair Services Division
Welding repair (7692)
G. Amusement and Recreation Services Division
Massage parlors (7299)
Tattoo parlors (7299)
Fortune tellers (7999)
VOLUME LXXII JUNE 13, 2007
400
H. Engineering, Accounting, Research, Management and Related Services Division
Automotive proving and testing grounds (8734)
I. Retail Trade Division
Mobile home dealers (52)
Motor vehicle dealers on a zoning lot [SR] containing less than four (4) acres (55)
Auto supply stores (5531)
Boat dealers (5551)
Recreational vehicle dealers (5561)
Automotive dealers, not elsewhere classified (5599)
Pawn shops (5932)
Firearm sales (5941)
J. Mining Division
“Temporary mining” [SR] (UNCL)
K. Manufacturing Division
Petroleum refining and related industries (29)
L. Wholesale Trade Division
Motor vehicles and motor vehicle parts and supplies (501)
“Motor vehicle recycling facility” [SR] (5093)
“Motor vehicle recycling yard” [SR] (5093)
“Recycling center” [SR] (5093)
“Recycling center yard “ [SR] (5093)
“Recycling collection center” [SR] (5093)
M. Transportation, Communication and Utilities Division
Trucking services (421)
Public warehousing and storage (422)
Special warehousing and storage not elsewhere classified (4226)
Terminal maintenance for motor freight transportation (423)
Freight forwarding in general (4731)
Electric power generation (UNCL)
Natural gas storage (4922)
Refuse systems (4953)
N. Miscellaneous Uses Division
“Adult entertainment establishment” [SR] (UNCL)
JUNE 13, 2007 VOLUME LXXII
401
“Commercial operations yard” [SR] (UNCL)
“Motor vehicle and impoundment yard” [SR] (UNCL)
“Outdoor display lots” [SR] (UNCL) on a zoning lot [SR] containing less than
four (4) acres
Section 2. That Section 19.15.525 entitled “Site Design and Building Elevations,” of the
Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows:
19.15.525: SITE DESIGN AND BUILDING ELEVATIONS:
In the ARC Arterial Road Corridor Overlay District, the site design regulations shall be
the same as the underlying zoning district. Any new buildings, building additions or any
exterior building modifications resulting in a change in the architectural design of the
exterior building elevations or a change in the building materials (excluding roof
materials, windows and signs) which can be viewed from the public right of way shall be
subject to the provisions of chapter 19.60, “Planned Developments”, of this title, and
shall be authorized only if approved by the city council as a planned development district
or as a conditional use planned development.
Development review shall be based on the site design standards in the underlying zoning
district; the required documentation, standards, and procedures outlined in chapter 19.60,
“Planned Developments”, of this title; and the arterial road corridor design guidelines
adopted by the city council by ordinance G36-01, as amended by ordinance G33-07.
Section 3. That the attachment to ordinance G36-01 entitled “Arterial Road Corridor
Design Guidelines,” dated June 13, 2001, be and is hereby amended by adding a new section
thereto entitled “Exterior Building Materials” at page 13 thereof to read as follows:
EXTERIOR BUILDING MATERIALS:
In the ARC Arterial Road Corridor Overlay District exterior building materials
(excluding roof materials, windows and signs) for use on buildings within the Arterial
Road Corridor Overlay District shall be limited to the following:
1. Traditional building materials such as brick, natural stone, natural
stucco/plaster, terra cotta, tile and glass.
2. Composite building materials such as cultured stone, cast stone and precast
concrete panels designed to look like brick or stone, or imprinted with architectural
features such as lintels, windowsills and cornices.
3. Artificial building materials such as Exterior Insulation and finish Systems
(EIFS, commonly referred to by its brand name “Dryvit”) and Architectural Metal shall
be restricted to use in design accent features such as cornices, soffits and fascia, window
trim and hood molding, corner boards, sign bands, and quoins. Such materials shall not
VOLUME LXXII JUNE 13, 2007
402
be used in high traffic, or high abuse areas, so as to protect such materials from wear and
tear and vandalism.
Section 4. That Section 19.40.330 entitled “Land Use,” of the Elgin Municipal Code,
1976, as amended, which provides for the listing of authorized uses in the GI General Industrial
District, be further amended by amending paragraph B thereof entitled "Conditional Uses" by
adding under subsection 3 "Services Division" the following:
Emergency Shelters [SR] (8322)
Section 5. That Section 19.90.015 entitled "Definitions and Regulations," be further
amended by adding thereto a definition of "Emergency Shelter" to read as follows:
"Emergency Shelter" means a short-term residential facility providing lodging and meals
for no more than twelve (12) hours per day to homeless persons who provide positive
identification pending attempts by such residents to find more permanent housing. Such
shelters shall be adequately staffed during operating hours with minimal supportive
services including mental health, housing, healthcare, recovery and education, and where
no meals or other services are provided to non-residents of the shelter. "Emergency
Shelter" shall not include any hotel or motel, hospital, nursing or personal care facility,
single-family dwelling, two-family dwelling or multiple-family dwelling as those terms
are described in this code. "Person" shall mean a person, operator, firm, partnership,
corporation or other legal entity.
Section 6. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the city council that this ordinance
would have been adopted had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 8. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
JUNE 13, 2007 VOLUME LXXII
403
Presented: June 13, 2007
Passed: June 13, 2007
Vote: Yeas: 5 Nays: 2
Recorded: June 14, 2007
Published: June 14, 2007
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-146 ADOPTED AUTHORIZING EXECUTION OF A HOME
INVESTMENT PARTNERSHIPS CONSORTIUM AGREEMENT WITH THE COUNTY
OF KANE
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-146
RESOLUTION
AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS
CONSORTIUM AGREEMENT WITH THE COUNTY OF KANE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that
Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and
directed to execute a HOME Investment Partnerships Consortium Agreement on behalf of the
City of Elgin with the County of Kane for the 2007 HOME Program Year, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
VOLUME LXXII JUNE 13, 2007
404
RESOLUTION 07-147 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SIKICH, L.L.P. TO CONDUCT AN ANALYSIS OF THE CITY'S
DEVELOPMENT REVIEW PROCESS
Councilmember Kaptain made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-147
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SIKICH, L.L.P. TO CONDUCT AN
ANALYSIS OF THE CITY'S DEVELOPMENT REVIEW PROCESS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Sikich,
L.L.P. to conduct an analysis of the city's development review process, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Walters made a motion, seconded by Councilmember Gilliam, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PAYEE AMOUNT REASON
Champion Frame Align
Elgin, IL
$13,709 Fire Engine Repair
Badger Meter
Milwaukee, WI
$75,971.40 Water meter repairs throughout the City
JUNE 13, 2007 VOLUME LXXII
405
Dixon Dance Academy
West Dundee, IL
$12,246 Dance lessons at the Centre from April to
June, 2007
State Treasurer of Illinois
Springfield, IL
$11,695.66 Workers Compensation Rate Adjustment/2nd
Injury January 1, 2006 through December 31,
2006
Seyfarth Shaw
Chicago, IL
$37,514.09 Legal services rendered through March 31,
2007
Resource Management
Associates
Tinley Park, IL
$15,726.35 Police Sergeant examination
The Graphic Arts Studio
Barrington, IL
$11,911.75 New Resident Packets
CONSENT AGENDA
By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember
Figueroa, to pass Ordinance Nos. G29-07 through G35-07 (except Ordinance Nos. G32-07 and
G33-07 passed earlier), S7-07, S8-07, T19-07, and T20-07, and adopt Resolution Nos. 07-129
through 07-149 (with the exception of Resolution Nos. 07-146 and 07-147 adopted earlier) by
omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
RESOLUTION 07-129 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE TOWN OF ELGIN FOR THE 2007 OPEN GYM PROGRAM
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-129
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE TOWN OF ELGIN
(2007 Open Gym Program)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with the Town of
VOLUME LXXII JUNE 13, 2007
406
Elgin for the Summer 2007 Open Gym Program, a copy of which is attached hereto and made a
part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-130 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT FOR STORMWATER DRAINAGE LATERALS (PHASE 3) FROM
EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-130
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR STORMWATER DRAINAGE LATERALS (PHASE 3)
FROM EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized
and directed to execute an easement agreement for stormwater drainage laterals (Phase 3) from
Edgewater By Del Webb Community Association, for the property legally described on Group
Exhibit A, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ Ed Schock
Ed Schock, Mayor
JUNE 13, 2007 VOLUME LXXII
407
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-131 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF
SERVICE AGREEMENT WITH THE ELGIN AREA CONVENTION AND VISITORS
BUREAU
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-131
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT
WITH THE ELGIN AREA CONVENTION AND VISITORS BUREAU
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute a purchase of service agreement on behalf of the City of Elgin
with the Elgin Area Convention and Visitors Bureau for marketing and promotional support of
the tourism and convention industries, a copy of which is attached hereto and made a part hereof
by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
VOLUME LXXII JUNE 13, 2007
408
RESOLUTION 07-132 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TURN-KEY NETWORK SOLUTIONS, INC. FOR INSTALLATION OF FIBER
OPTIC CABLE
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-132
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
TURN-KEY NETWORK SOLUTIONS, INC.
FOR INSTALLATION OF FIBER OPTIC CABLE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Turn-Key
Network Solutions, Inc. for installation of fiber optic cable, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-133 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ADVANCED IMAGING AND PROCESSING, INC. FOR A MUNICIPAL
MANAGEMENT INFORMATION SYSTEM
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
JUNE 13, 2007 VOLUME LXXII
409
Resolution No. 07-133
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ADVANCED IMAGING AND PROCESSING, INC.
FOR A MUNICIPAL MANAGEMENT INFORMATION SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Advanced
Imaging and Processing, Inc. for a municipal management information system, a copy of which
is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-134 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SUNGARD HTE, INC. FOR A MUNICIPAL MANAGEMENT INFORMATION
SYSTEM
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-134
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SUNGARD HTE, INC.
FOR A MUNICIPAL MANAGEMENT INFORMATION SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with SunGard
HTE, Inc. for a municipal management information system, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXII JUNE 13, 2007
410
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-135 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH BLACK & VEATCH CORPORATION (AIRLITE WATER TREATMENT
PLANT IMPROVEMENTS)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-135
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
BLACK & VEATCH CORPORATION
(Airlite Water Treatment Plant Improvements)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Black &
Veatch Corporation for engineering services regarding the design and bidding phases for the
Airlite Water Treatment Plant improvements, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
JUNE 13, 2007 VOLUME LXXII
411
RESOLUTION 07-136 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. (RIVERSIDE
WATER TREATMENT PLANT RESERVOIR PIPING REVISIONS)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-136
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
BURNS & McDONNELL ENGINEERING COMPANY, INC.
(Riverside Water Treatment Plant Reservoir Piping Revisions)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Burns &
McDonnell Engineering Company Inc. for engineering services regarding plant reservoir piping
revisions at the Riverside Water Treatment Plant improvements, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-137 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (530 N. GROVE AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXII JUNE 13, 2007
412
Resolution No. 07-137
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(530 N. Grove Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin
with Juan and Minerva Linares, for the purchase of property commonly known as 530 N. Grove
Avenue, Elgin, for $160,000, a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-138 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (562 N. GROVE AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-138
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(562 N. Grove Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin
JUNE 13, 2007 VOLUME LXXII
413
with Henry Rayfield, for the purchase of property commonly known as 562 N. Grove Avenue,
Elgin, for $180,000, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-139 ADOPTED REAPPOINTING JAMES R. NOWICKI AS CITY
TREASURER OF THE CITY OF ELGIN, ILLINOIS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-139
RESOLUTION
REAPPOINTING JAMES R. NOWICKI AS CITY TREASURER
OF THE CITY OF ELGIN, ILLINOIS
WHEREAS, James R. Nowicki has heretofore been appointed City Treasurer of the City
of Elgin, Illinois; and
WHEREAS, the Mayor and members of the City Council concur in the reappointment of
James R. Nowicki as City Treasurer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that James R. Nowicki be and is hereby reappointed to the office of City
Treasurer of the City of Elgin with all power, authority and duty of the office of City Treasurer,
as established by the statutes of the State of Illinois and ordinances of the City of Elgin.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXII JUNE 13, 2007
414
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-140 ADOPTED APPOINTING DIANE ROBERTSON AS CITY
CLERK OF THE CITY OF ELGIN, ILLINOIS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-140
RESOLUTION
APPOINTING DIANE ROBERTSON AS CITY CLERK
OF THE CITY OF ELGIN, ILLINOIS
WHEREAS, a vacancy has been created in the office of City Clerk; and
WHEREAS, the Mayor and members of the City Council concur in the appointment of
Diane Robertson as City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Diane Robertson be and is hereby appointed to the office of City
Clerk of the City of Elgin with all power, authority and duty of the office of City Clerk as
established by the statutes of the State of Illinois and ordinances of the City of Elgin.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
JUNE 13, 2007 VOLUME LXXII
415
RESOLUTION 07-141 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-141
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Patricia Miller be and is hereby appointed as member of the Elgin Heritage Commission
Design Review Subcommittee, for a term to expire June 30, 2007.
BE IT FURTHER RESOLVED that Jennifer Fritz-Williams be and is hereby appointed
as a member of the Elgin Heritage Commission Design Review Subcommittee, for a term to
expire June 30, 2007.
BE IT FURTHER RESOLVED that Thomas Sandor be and is hereby appointed as a
member of the Veterans Memorial Park Committee to fulfill the unexpired term of Kim Toth.
BE IT FURTHER RESOLVED that Councilmember John Walters be and is hereby
appointed as a member of the Veterans Memorial Park Committee to fulfill the vacant
Councilmember position.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
VOLUME LXXII JUNE 13, 2007
416
RESOLUTION 07-142 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT FOR A PORTION OF THE PROPERTY AT THE NORTHEAST
CORNER OF LARKIN AVENUE AND AIRLITE STREET (2090 LARKIN AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-142
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(Portion of the Northeast Corner of Larkin Avenue and Airlite Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized
and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Wolff
Holdings L.L.C., for the purchase of a portion of the northeast corner of Larkin Avenue and
Airlite Street, property commonly known as 2090 Larkin Avenue, Elgin, for $5,600, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-143 ADOPTED APPROVING FINAL PLAT FOR THE 860 SUMMIT
STREET SUBDIVISION (860 SUMMIT STREET)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
JUNE 13, 2007 VOLUME LXXII
417
Resolution No. 07-143
RESOLUTION
APPROVING FINAL PLAT FOR
THE 860 SUMMIT STREET SUBDIVISION
(860 Summit Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the final plat prepared by Condon Consulting Engineers, dated January
17, 2007, for the 860 Summit Street Subdivision.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-144 ADOPTED AUTHORIZING EXECUTION OF A LAND
CONTRIBUTION AND EASEMENT AGREEMENT WITH RESIDENTIAL LAND
FUND I, L.P., THE FOREST PRESERVE DISTRICT OF KANE COUNTY AND THE
CITY OF ELGIN (RLF DEVELOPMENT)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-144
RESOLUTION
AUTHORIZING EXECUTION OF A LAND CONTRIBUTION AND
EASEMENT AGREEMENT WITH RESIDENTIAL LAND FUND I, L.P., THE FOREST
PRESERVE DISTRICT OF KANE COUNTY AND THE CITY OF ELGIN
(RLF Development)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized
and directed to execute a land contribution agreement and easement agreement on behalf of the
VOLUME LXXII JUNE 13, 2007
418
City of Elgin with the Residential Land Fund I, L.P. and the Forest Preserve District of Kane
County, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-145 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A
PUBLIC STREET (CAPITAL STREET EXTENSION)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-145
RESOLUTION
ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET
(Capital Street Extension)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain plat of dedication for a public street prepared by IG Consulting,
Inc., an Illinois Land Surveyor, dated April 16, 2007, and last revised April 25, 2007, for the
property legally described as follows:
That part of Lot 25 in Westfield Business Park Plat No. 2, according to the plat
thereof recorded December 06, 1989, as Document 2012687, being a subdivision
of part of the Northeast Quarter of Section 31, Township 42 North, Range 8 East
of the Third Principal Meridian, described as follows:
Beginning at the Southwest corner of said Lot 25; thence along the Southwesterly
line of said Lot 25, North 45 degrees 04 minutes 15 seconds West, 50.00 feet;
thence along the West line of said Lot 25, North 00 degrees 00 minutes 35
seconds East, 386.22 feet; thence along the North line of said Lot 25, South 89
degrees 59 minutes 22 seconds East, 45.50 feet; thence along the East line of said
Lot 25, South 00 degrees 00 minutes 35 seconds West, 219.39 feet; thence
continuing along said East line along an arc convex to the Southwest, having a
JUNE 13, 2007 VOLUME LXXII
419
radius of 114.67 feet, a chord bearing South 19 degrees 46 minutes 32 seconds
East, an arc length of 79.19 feet and a chord length of 77.63 feet; thence
continuing along said East line, South 39 degrees 33 minutes 38 seconds East,
69.72 feet; thence along the Southeasterly line of said Lot 25, along an arc convex
to the Northwest, having a radius of 333.00 feet, a chord bearing South 49 degrees
22 minutes 49 seconds West, an arc length of 51.74 feet and a chord length of
51.69 feet; thence continuing along said Southeasterly line, South 44 degrees 55
minutes 45 seconds West, 58.87 feet to the point of beginning, in Kane County,
Illinois, containing 23,897 square feet (0.549 acres) more or less.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and
directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County,
Illinois.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE S7-07 PASSED VACATING A PORTION OF A PUBLIC STREET
(MASON ROAD)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No.S7-07
AN ORDINANCE
VACATING A PORTION OF A PUBLIC STREET
(Mason Road)
WHEREAS, the public interest will be served by vacating a portion of a public street in
the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and
WHEREAS, said property it not necessary to serve the public.
VOLUME LXXII JUNE 13, 2007
420
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That a portion of a public street known as Mason Road in the City of Elgin,
Kane County, Illinois, legally described as follows:
Parcel 3A:
That part of Lot 25 in Westfield Business Park, Plat No. 2 being a subdivision of
part of the Northeast 1/4 of Section 31, Township 42 North, Range 8 East of the
Third Principal Meridian according to the Plat thereof filed December 6, 1989 as
Document Number 2012687, in Kane County, Illinois, described as follows:
Beginning at the Northeast corner of aforesaid Lot 25, thence South 16 degrees 12
minutes 55 seconds West, along the Westerly right of way line of Randall Road
according to record document number 1934642 filed September 29, 1988, said
line also being the East line of said Lot 25, a distance of 164.13 feet to the
beginning of a tangential curve, having a radius of 300.81 feet concave to the
East; thence Southerly along said curve and along said Westerly right of way line,
82.77 feet; thence North 12 degrees 51 minutes 58 seconds West along a line not
tangent to said curve, 136.26 feet; thence North 26 degrees 35 minutes 42 seconds
West, 120.24 feet to the North line of said Lot 25; thence South 89 degrees 33
minutes 01 seconds East along said North line 141.96 feet to the point of
beginning, in the City of Elgin, Kane County, Illinois.
Parcel 3B:
That part of Mason Road adjoining the Easterly line of Lot 25 in Westfield
Business Park Plat No. 2, being a subdivision of part of the Northeast Quarter of
Section 31, Township 42 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the Northeast corner of aforesaid Lot 25,
thence South 16 degrees 12 minutes 55 seconds West along the Westerly right of
way line of Randall Road according to record document 1934642 filed September
29, 1988, said line also being the East line of said Lot 25, a distance of 72.40 feet
to the beginning; thence Southerly along a non-tangential arc, convex to the
Northeast having a radius of 413.13 feet and an arc length of 171.41 feet, a chord
bearing of South 11 degrees 18 minutes 58 seconds East and chord length of
170.18 feet; thence along a non-tangential line South 49 degrees 56 minutes 03
seconds East 62.41 feet to the South right of way line of Essex Lane; thence South
71 degrees 08 minutes 17 seconds West, 20.39 feet; thence along the North line of
said Essex Lane, North 88 degrees 47 minutes 45 seconds West, 102.58 feet to the
Southeast corner of said Lot 25; thence North 01 degrees 12 minutes 16 seconds
East along the aforesaid Westerly right of way line of Randall Road, 42.28 feet;
thence continuing Northerly along the aforesaid Westerly right of way line of
Randall Road along a curve convex to the Northwest having a radius of 300.81
feet and an arc length of 82.77, a chord bearing of North 09 degrees 05 minutes
14 seconds East and chord length of 82.51 feet; thence North 16 degrees 58
minutes 14 seconds East, 91.73 feet to the point of beginning, in the City of Elgin,
Kane County, Illinois
JUNE 13, 2007 VOLUME LXXII
421
be and the same is hereby vacated.
Section 2. That a certified copy this ordinance together with the plat of said vacated
right-of-way attached hereto as Exhibit A shall be filed with the Recorder of Deeds, Kane
County, Illinois.
Section 3. That this ordinance shall be in full force and effect from and after its
passage and the recording of a certified copy of the ordinance together with the attached plat of
the vacated right-of-way with the Kane County Recorder’s Office.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE G29-07 PASSED AMENDING CERTAIN PARKING RESTRICTIONS IN
THE CITY OF ELGIN
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G29-07
AN ORDINANCE
AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 11.24 of the Elgin Municipal Code, 1976, as amended, entitled
"One-Way Streets and Alleys" be and is hereby further amended by adding to the list of one-way
streets under Section 11.24A, the following thereto:
"Hickory Street from Liberty Street to Gifford Street."
VOLUME LXXII JUNE 13, 2007
422
Section 2. That Section 11.60.081 of the Elgin Municipal Code, 1976, as amended,
entitled "Fifteen Minute Parking Zones" be and is hereby further amended by adding the
following thereto:
"Municipal parking lot at the southwest corner of Kimball Street and North Grove
Avenue - five (5) spaces on the southernmost parking row and ten (10) spaces on
the southernmost parking row."
Section 3. That Section 11.60.082 of the Elgin Municipal Code, 1976, as amended,
entitled "Thirty Minute Parking Zones" be and is hereby further amended by deleting from the
list of thirty minutes parking zones the following:
"Municipal parking lot at the southwest corner of Kimball Street and North Grove
Avenue, ten (10) spaces on the southernmost parking row of the lot."
Section 4. That Section 11.60.084.4 of the Elgin Municipal Code, 1976, as amended,
entitled "Three Hour Parking Zones" be and is hereby amended to read as follows:
""It is unlawful for any person to park or the owner of any vehicle to permit a
vehicle owned by him to be parked for longer than three (3) hours upon the
following designated streets and areas:
Civic Center parking deck, located at the southwest corner of Douglas Avenue
and Symphony Way, between the hours of eight o'clock (8:00) A.M. and five
o'clock (5:00) P.M., Monday through Friday, and eleven (11) stalls on the first
floor reserved for Sherman Health.
Fulton Street Parking Deck, Levels 1 and 2 consisting of one hundred seventy
nine (179) regular parking stalls and twelve (12) handicapped stalls.
Riverside Drive, southerly sixty one (61) spaces, from Prairie Street to East
Chicago Street."
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 6. That this ordinance shall be in full force and effect ten days after its passage
and publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
JUNE 13, 2007 VOLUME LXXII
423
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published: June 15, 2007
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE T19-07 PASSED PROVIDING FOR A SENIOR CITIZEN PROPERTY
TAX PROGRAM FOR THE 2006 TAX YEAR
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. T19-07
AN ORDINANCE
PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM
FOR THE 2006 TAX YEAR
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That there is hereby established a $200.00 senior citizen property tax refund
of the 2006 real property taxes levied by and collected for the City of Elgin.
Section 2. That to qualify for the $200.00 senior citizen property tax refund the
owner(s) of the subject property must have qualified and obtained for the 2006 tax year the
Senior Citizens Homestead Exemption in accordance with 35 ILCS 200/15-170, as amended.
Section 3. That senior citizens qualified to receive the $200.00 tax refund shall be
identified through county property tax records for the 2006 tax year. The Fiscal Services Group
Director is directed to work with the appropriate county officials to determine the most
expeditious method for processing the property tax refund to the qualified senior citizens. The
refund shall be mailed to the address of the residence which has qualified for the senior citizens
homestead exemption except where a different mailing address has been provided to the Fiscal
Services Group Director in writing by a senior citizen qualifying for the property tax refund.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
VOLUME LXXII JUNE 13, 2007
424
Section 5. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published: June 15, 2007
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE T20-07 PASSED PROVIDING FOR A REFUND TO SENIOR CITIZENS
OF MOBILE HOME LOCAL SERVICES TAXES
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. T20-07
AN ORDINANCE
PROVIDING FOR A REFUND TO SENIOR CITIZENS OF
MOBILE HOME LOCAL SERVICES TAXES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That there is hereby established a refund to senior citizens of the mobile
home local services tax of 2006 mobile home local services taxes levied and collected on mobile
homes registered in the city of Elgin. The amount of such refund shall equal the 2006 mobile
home local services taxes paid by qualified senior citizens up to a maximum refund amount of
$35.00.
Section 2. That to qualify for such senior citizen property tax refund the owner(s) of
the subject mobile home must have qualified and obtained for the 2006 tax year the Senior
Citizens Reduction of the Mobile Home Local Services Tax in accordance with 35 ILCS 515/7,
as amended.
JUNE 13, 2007 VOLUME LXXII
425
Section 3. That senior citizens qualified to receive the mobile home local services tax
refund shall be identified through county tax records for the 2006 tax year. The Fiscal Services
Group Director is directed to work with the appropriate county officials to determine the most
expeditious method for processing the property tax refund to the qualified senior citizens. The
refund shall be mailed to the address provided on the application for reduction of mobile home
local services taxes for the tax year in question except where a different address has been
provided to the Fiscal Services Group Director in writing by the senior citizen qualifying for
such senior citizens mobile home local services tax refund.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published: June 15, 2007
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE G30-07 PASSED GRANTING A CONDITIONAL USE IN THE AB AREA
BUSINESS DISTRICT TO PERMIT A MEMBERSHIP ORGANIZATION AND
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT THE
CONSTRUCTION OF A BUILDING FOR THE BOYS AND GIRLS CLUB (355
DUNDEE AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXII JUNE 13, 2007
426
Ordinance No. G30-07
AN ORDINANCE
GRANTING A CONDITIONAL USE IN THE AB
AREA BUSINESS DISTRICT TO PERMIT A MEMBERSHIP ORGANIZATION AND
GRANTING A CONDITIONAL USE FOR
A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD
CORRIDOR OVERLAY DISTRICT TO PERMIT THE CONSTRUCTION
OF A BUILDING FOR THE BOYS AND GIRLS CLUB
(355 Dundee Avenue)
WHEREAS, written application has been made for a conditional use in the AB Area
Business District, to permit a membership organization, and for a conditional use for a planned
development in the ARC Arterial Road Corridor Overlay District, to permit the construction of a
building for the Boys and Girls Club at 355 Dundee Avenue; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
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 May 02, 2007, made by the Zoning and Subdivision Hearing Board, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use in the AB Area Business District, which will permit
Membership Organization, and that a conditional use for a planned development in the ARC
Arterial Road Corridor Overlay District, which will permit the construction of a building for the
Boys and Girls Club at 355 Dundee Avenue, and legally described as follows:
Of That Part of Lot 12 in P.J. Kimball SR.’s Addition to Elgin, Described as
Follows: Beginning at the Intersection of the North Line, as Monumented, of
Ann Street With the Easterly Line of Dundee Avenue; Thence North 27 Degrees
15 Minutes 00 Seconds East (Record and Measured), Along the Easterly Line of
Dundee Avenue, a Distance of 140.19 Feet (Record Being 139.80 Feet) to the
North Line, as Monumented, of Said Lot 12, Being also the South Line of
Brown’s Subdivision of Lot 13 of Said P.J. Kimball SR.’s Addition to Elgin;
Thence South 89 Degrees 01 Minutes 05 Seconds East (Record Being South 88
Degrees 09 Minutes East), Along Said Monumented Line, a Distance of 85.04
Feet (Record Being 85.00 Feet) to a Monumented Line; Thence South 10 Degrees
57 Minutes 42 Seconds West (Record Being South 11 Degrees 00 Minutes West),
Along Said Monumented Line, a Distance of 121.29 Feet (Record Being 120.30
JUNE 13, 2007 VOLUME LXXII
427
Feet) to the North Line of Aforesaid Ann Street; Thence South 88 Degrees 08
Minutes 16 Seconds West (Record Being South 88 Degrees 12 Minutes West),
Along Said North Line, a Distance of 126.22 Feet (Record Being 126.30 Feet) to
the Point of Beginning. Being Situated in the City of Elgin, Kane County, Illinois
(Property Commonly Known as 355 and 361 Dundee Avenue).
Lot 1 and the West ½ of Lot 2 of Brown’s Subdivision of Lot 13 of P.J. Kimball
Senior’s Addition to the City of Elgin, Kane County, Illinois (Property
Commonly Known as 365 and 367 Dundee Avenue and 361 Hickory Place).
That Part of Lot 12 in Phineas J. Kimballs Sen. Addition to Elgin, Described as
Follows: Commencing at the Intersection of the Northerly Line of Ann Street With
the Easterly Line of Dundee Avenue; Thence Northerly Along the Easterly Line of
Said Dundee Avenue 139.8 Feet to the Northwest Corner of Said Lot 12; Thence
South 88 Degrees 9 Minutes East Along the Northerly Line of Said Lot, 85 Feet;
Thence South 11 Degrees West 120.3 Feet to the Northerly Line of Said Ann street
for the Point of Beginning; Thence North 11 Degrees East 120.3 Feet to the
Northerly Line of Said Lot 12; Thence Easterly Along Said Northerly Line 58 Feet
to a Point 143 Feet Easterly of the Northwest Corner of Said Lot 12; Thence
Southerly Parallel With the West Line of Gifford Street 49.5 Feet, Thence Westerly
Parallel With the Northerly Line of Said Lot 12, 7.2 Feet; Thence Southerly
Parallel With the West Line of Gifford Street 65 Feet to a Point on the Northerly
Line of Said Ann Street 199.5 Feet Easterly of the Easterly Line of Dundee
Avenue; Thence Westerly Along the Northerly Line of Ann Street 73.2 Feet to the
Point of Beginning, in the City of Elgin, Kane County, Illinois (Property
Commonly Known as 366 Ann Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance
prepared by Ian Lamp, dated April 23, 2007.
2. Substantial conformance to the proposed Site Plan, prepared by Arete 3 LTD, last
revised May 22, 2007.
3. Substantial conformance to the proposed Building Elevation Plans, prepared by
Arete 3 LTD, dated April 17, 2007.
4. Substantial conformance to the proposed Floor Plans, prepared by Arete 3 LTD,
dated revised March 13, 2007.
5. Substantial conformance to the proposed Landscape Plan, prepared by Arete 3
LTD, dated revised May 9, 2007.
6. Foundation plantings must be included along the west building elevation as
approved by the Development Administrator.
VOLUME LXXII JUNE 13, 2007
428
7. Substantial conformance to the proposed Monument Graphic Plan, prepared by
Arete 3 LTD, dated April 13, 2007. All graphics must meet the requirements of Chapter
19.50 Street Graphics of the Elgin Municipal Code.
8. The refuse collection area enclosure cannot be located in the streetyard.
9. The color and design of the 8 foot high, solid transition yard fence must be
approved by the Development Administrator.
10. Compliance with all other applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established within two
years from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE G31-07 PASSED ESTABLISHING A PAY PLAN FOR CERTAIN PART
TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND
RECREATION DEPARTMENT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
JUNE 13, 2007 VOLUME LXXII
429
Ordinance No.G31-07
AN ORDINANCE
ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL
EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That there is hereby established the following schedule of standard hourly
pay ranges for part time and seasonal Parks & Recreations employees as follows:
PAY STEP STEP STEP STEP STEP
POSITION TITLE GRADE 1 2 3 4 5
P.T. Pool - Guard (N) 101 $7.50 $7.75 $8.00 $8.25 $8.50
P.T. Junior Leader (N) U101 $7.00 $7.25 $7.50 $7.75 $8.00
P.T. Attendant (N) 102 $7.50 $7.75 $8.00 $8.25 $8.50
U102 $7.00 $7.25 $7.50 $7.75 $8.00
P.T. Pool - WSI Guard (N) 103 $8.00 $8.25 $8.50 $9.00 $9.50
U103 $7.50 $7.75 $8.00 $8.25 $8.50
P.T. Babysitter (N) 104 $7.50 $8.00 $8.50 $9.00 $9.50
P.T. Desk Clerk (N) 105 $7.50 $8.25 $9.00 $9.75 $10.50
P.T. Pool - Assistant Head Guard
(N) 106 $9.00 $9.50 $10.00 $10.50 $11.00
P.T. Instructor - Asst. - Preschool
(N) 107 $8.00 $8.75 $9.50 $10.25 $11.00
P.T. Program Leader (N) 108 $8.00 $8.50 $9.00 $9.50 $10.00
P.T. Activity Supervisor (N) 109 $9.00 $9.75 $10.50 $11.25 $12.00
P.T. Café/Concession Manager
(N) 110 $9.00 $10.00 $11.00 $12.00 $13.00
P.T. Pool - Manager (N) 111 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Head Guard (N)
P.T. Facility Supervisor (N)
P.T. Director/Program
Coordinator (N)
P.T. Bartender (N) 112 $10.00 $11.25 $12.50 $13.75 $15.00
P.T. Instructor - Preschool (N)
VOLUME LXXII JUNE 13, 2007
430
P.T. Instructor - General
Recreation (N) 113 $11.00 $12.00 $13.00 $14.00 $15.00
P.T. Youth Soccer Official (N) 114 $15.50 $15.50 $15.50 $15.50 $15.50
P.T. Swim Team Coach (N) 115 $12.00 $13.00 $14.00 $15.00 $16.00
P.T. Membership Sales Associate
(N) 116 $10.00 $12.00 $14.00 $16.00 $18.00
P.T. Instructor - Specialty (N) 117 $14.00 $15.00 $16.00 $17.00 $18.00
P.T. Instructor - Group Fitness
(N) 118 $15.00 $18.75 $22.50 $26.25 $30.00
P.T. Instructor - GF Specialty (N) 119 $20.00 $25.00 $30.00 $35.00 $40.00
P.T. Attendant – Clubhouse 120 $8.00 $8.40 $8.80 $9.20 $9.60
P.T. Attendant – Driving
Range/Carts 121 $7.75 $8.00 $8.25 $8.50 $8.75
P.T. Attendant – Starter/Ranger 122 $7.75 $8.00 $8.25 $8.50 $8.75
P.T. Aide Beverage Cart with
Tips Credit $1.00 123 $6.75 $7.00 $7.25 $7.50 $7.75
Section 2. That there is hereby established the following benefit program for
permanent (non-seasonal) part-time employees averaging 20 or more hours per week:
1. Vacation - one week per year (calculated in hours as the average number of hours
worked per week by the eligible part-time employee).
2. Sick leave or Medical Insurance - Eligible part-time employees may choose
between the annual accrual of three (3) four hour sick days or participation in the
City’s comprehensive major medical insurance program for employees and
dependents provided to other City employees with eligible part-time employees
paying fifty percent (50%) of the premium costs for such medical insurance
coverage.
Holidays – Ten (10) holidays, consisting of New Year’s Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in
hours as four hours for each holiday).
Section 3. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed.
JUNE 13, 2007 VOLUME LXXII
431
Section 4. That this ordinance shall be in full force and effect as of June 24, 2007.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-148 ADOPTED AUTHORIZING EXECUTION OF AN
ANNEXATION AGREEMENT (SEVEN CREEKS)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-148
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Seven Creeks Subdivision - 3701 West Highland Avenue)
WHEREAS, the owners of record of certain territory described in Exhibit A, attached
hereto and made a part hereof by reference, desire annexation of said territory to the City of
Elgin; and
WHEREAS, said territory is not a part of any other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory
upon certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
VOLUME LXXII JUNE 13, 2007
432
WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin
that it is in the best interests of the City of Elgin to enter into said annexation agreement as
proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby
authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the
form attached hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided
by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE S8-07 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF
ELGIN (SEVEN CREEKS SUBDIVISION)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. S8-07
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(Seven Creeks Subdivision - 3701 West Highland Avenue)
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, said petition includes therein a statement under oath by all the owners of
record that no electors reside on the subject territory; and
JUNE 13, 2007 VOLUME LXXII
433
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:
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/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE G34-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN
THE PCF PLANNED COMMUNITY FACILITY DISTRICT (SEVEN CREEKS
SUBDIVISION - 3701 WEST HIGHLAND AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXII JUNE 13, 2007
434
Ordinance No.G34-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Seven Creeks Subdivision – 3701 West Highland Avenue)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PCF Planned
Community Facility District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF
Planned Community Facility District, the following described property:
“The boundaries herein before laid out in the ‘Zoning District Map’, as amended,
be and are hereby altered by including in the PCF Planned Community Facility
District, the following described:”
Those areas on the attached zoning plat, prepared by Landmark Engineering
Group, dated January 8, 2007, designated in the PCF Planned Community Facility
District.
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for profit or on a not for profit basis.
JUNE 13, 2007 VOLUME LXXII
435
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, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PCF zoning 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, 1976, as amended, and the provisions of
the Annexation Agreement.
D. Zoning Districts - Generally. In this PCF zoning 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, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PCF zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the
only land uses allowed as a “permitted use” [SR] in this PCF zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PCF Community Facility District:
Municipal Services Division.
1. “Public parks, recreation, and open space” [SR] (UNCL).
Transportation, Communication and Utilities Division.
2. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
3. "Fences and walls" [SR] (UNCL).
4. "Temporary uses" [SR] (UNCL).
5. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
6. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
VOLUME LXXII JUNE 13, 2007
436
Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PCF Community Facility District:
There are no conditional uses in this PCF Community Facility District
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PCF district, the use and development of land
and structures located on the publicly owned park sites shall be subject to the
following conditions:
1. Zoning Lots - Generally. In this PCF zoning district, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300, Zoning Lots
Clarifications and Exceptions.
2. Lot Area. In this PCF zoning district, the minimum required "zoning lot
area" [SR] shall be 20,000 square feet.
3. Lot Width. In this PCF zoning district, the minimum required "lot width"
[SR] for a zoning lot shall be 125 linear feet.
4. Setbacks - Generally. In this PCF zoning district, "setbacks" [SR] shall
be subject to the provisions of Section 19.12.400, Setbacks Clarifications
and Exceptions.
5. Setbacks by Lot Line. In this PCF zoning district, all existing setbacks
located on the park site shall be considered lawful conforming setbacks.
Any new structure shall be developed in conformance with the following
requirements:
a. Building Setbacks.
1. Street Setback. The minimum required building setback
from a "street lot line" [SR] shall be calculated as follows:
Street setback (StS) in linear feet shall equal the area of a
zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000019428; the product plus 25 linear
feet. Minimum street setback can be expressed by the
following formula: StS = [(ZLA 20,000) x .000019428] +
25.
2. Interior Setback. The minimum required building setback
from an "interior lot line" [SR] shall be calculated as follows:
Interior setback (IS) in linear feet shall equal the area of a
zoning lot (ZLA) in square feet minus 20,000 square feet;
JUNE 13, 2007 VOLUME LXXII
437
the difference times .000015542; the product plus five
linear feet. Minimum interior setback can be expressed by
the following formula: IS = [(ZLA 20,000) x .000015542]
+ 5.
3. Transition Setback. The minimum required building setback
from a "transition lot line" [SR] shall be calculated as follows:
Transition setback (TS) in linear feet shall equal the area of
a zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000038856; the product plus 50 linear
feet. Minimum transition setback can be expressed by the
following formula: TS = [(ZLA 20,000) x .000038856] +
50.
b. Vehicle Use Area Setbacks.
1. Street Setback. For zoning lots with a "vehicle use area"
[SR], the minimum required vehicle use area setback from
a street lot line shall be calculated as follows:
Vehicle use area street setback (VUAStS) in linear feet
shall equal the area of a zoning lot (ZLA) in square feet
minus 20,000 square feet; the difference times .000013211;
the product plus eight linear feet. Minimum vehicle use
area setback can be expressed by the following formula:
VUAStS = [(ZLA 20,000) x .000013211] + 8.
2. Interior Setback. For zoning lots with a vehicle use area,
the minimum required vehicle use area setback from an
interior lot line shall be six linear feet.
6. Accessory Structures and Buildings. In this PCF zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings.
7. Yards - Generally. In this PCF zoning district, a "street yard" [SR], a
"side yard" [SR], or a "rear yard" [SR] or a "transition landscape yard"
[SR] established by a required building setback or by the actual location of
a building shall be subject to the provisions of Section 19.12.600,
Obstructions in Yards.
8. Landscape Yards. In this PCF zoning district, landscape yards shall be
as follows:
VOLUME LXXII JUNE 13, 2007
438
a. Transition Landscape Yards. A "transition landscape yard" [SR]
shall be provided adjoining the entire length of a transition lot line.
Transition landscape yards shall be subject to the provisions of
Section 19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required transition setback
calculated in Section 19.30.135, E., c. Transition Setback.
b. Vehicle Use Area Landscape Yards. The yards established by
vehicle use area setbacks from a street lot line and from an interior
lot line shall be used as "vehicle use area landscape yards" [SR]
with the exception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way and
Section 19.45.110, Size of Driveways. Vehicle use area landscape
yards shall be subject to the provisions of Section 19.12.700,
Landscaping.
c. Interior Landscape Yards. "Interior landscape yards" [SR] shall
be installed on a zoning lot featuring a "vehicle use area" [SR],
which exceeds 5,000 square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
9. Floor Area. In this PCF zoning district, the maximum "floor area" [SR]
for a zoning lot shall be calculated as follows:
Floor area (FA) in square feet shall equal the area of a zoning lot (ZLA) in
square feet minus 20,000 square feet; the difference times .4985; the
product plus 12,000 square feet. Maximum floor area can be expressed by
the following formula: FA = [(ZLA 20,000) x .4985] + 12,000.
10. Building Coverage. In this PCF zoning district, the maximum "building
coverage" (SR) for a zoning lot shall be calculated as follows:
Building coverage (BC) in square feet shall equal the area of a zoning lot
(ZLA) in square feet minus 20,000 square feet; the difference times .4016;
the product plus 6,000 square feet. Maximum building coverage can be
expressed by the following formula: BC = [(ZLA 20,000) x .4016] +
6,000.
11. Supplementary Conditions. In this PCF zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance with the information, plats and plans
contained within the Design Report of Seven Creeks Subdivision,
prepared by Landmark Engineering Group, dated February 2007, and
signed dated January 30, 2007.
b. Conformance with other all applicable codes and ordinances.
JUNE 13, 2007 VOLUME LXXII
439
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PSFR2 zoning district, street graphics shall be subject to the
provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976,
as amended, and shall also be subject to paragraph G.11, Supplementary
Conditions.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PCF
zoning district authorize such an application.
L. Planned Developments. In this PCF zoning 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, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, the use and development of the
land and structures shall be subject to the provisions of Chapter 19.65 Conditional
Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be
requested by an individual lot or property owner for a zoning lot without requiring
an amendment to this PCF zoning district and without necessitating that all other
property owners in this PCF zoning district authorize such an application.
N. Variations In this PCF zoning district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.70, Variations of the
Elgin Municipal Code, 1976, as amended. A variation may be requested by an
individual property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this
PCF zoning district authorize such an application.
O. Subdivisions – Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
VOLUME LXXII JUNE 13, 2007
440
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
P. Buildings – Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. 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, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
ORDINANCE G35-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN
THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (SEVEN CREEKS
SUBDIVISION - 3701 WEST HIGHLAND AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
JUNE 13, 2007 VOLUME LXXII
441
Ordinance No. G35-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Seven Creeks Subdivision – 3701 West Highland Avenue)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFR2
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
The boundaries herein before laid out in the ‘Zoning District Map’, as amended,
be and are hereby altered by including in the PSFR2 Planned Single Family
Residence District, the following described property:
Those areas on the attached zoning plat, prepared by Landmark Engineering
Group, dated January 8, 2007, designated in the PSFR2 Planned Single Family
Residence District.
Section 2. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
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interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, 1976, as amended.
C. General Provisions. In this PSFR2 zoning 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, 1976, as amended.
D. Zoning Districts -Generally. In this PSFR2 zoning 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, 1976, as amended.
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way, shall
not be less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the
only land uses allowed as a “permitted use” [SR] in this PSFR2 District:
Residence Division.
1. “Single family detached dwellings” [SR] (UNCL).
2. “Residential garage sales” [SR] (UNCL).
3. “Residential occupations” [SR] (UNCL).
4. “Residential outdoor storage of firewood” [SR] (UNCL).
5. “Residential parking areas” [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
6. “Development sales office” [SR] (UNCL).
Services Division.
7. “Family residential care facility” [SR] (8361).
8. “Home child day care services” [SR] (8351).
Construction Division.
9. “Contractors office and equipment areas” [SR] (UNCL).
Transportation, Communication, and Utilities Division.
10. “Radio and television antennas” [SR] (UNCL).
11. “Satellite dish antennas” [SR] (UNCL).
12. “Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL).
Miscellaneous Uses Division.
13. “Fences and walls” [SR] (UNCL).
14. “Street Graphics” [SR] (UNCL), subject to the provisions of Chapter
19.50, Street Graphics, of the Elgin Zoning Ordinance.
15. “Temporary uses” [SR] (UNCL).
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16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated “land uses” [SR] shall be the only land uses
allowed as a “conditional use” [SR] in this PSFR2 zoning district:
Residences Division.
1. “Conditional residential occupations” [SR] (UNCL).
Municipal Services Division.
2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. “Amateur radio antennas” [SR] (UNCL).
4. “Commercial antennas and antenna structures mounted on existing
structures” [SR] (UNCL).
5. “Commercial antenna tower” [SR] (UNCL)
6. “Other radio and television antennas” [SR] (UNCL).
7. “Other satellite dish antennas” [SR] (UNCL).
8. “Pipelines, except natural gas” (461).
9. “Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators” [SR] (UNCL).
Miscellaneous Uses Division.
11. “Planned developments” [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in
this PSFR2 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PSFR2 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2
zoning district, the site design regulations shall be as follows:
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1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be 12,000 square feet per dwelling unit in Phase I and
7,000 square feet in Phase II of Seven Creeks Subdivision, and in
substantial conformance to the Preliminary Plat prepared by Landmark
Design Group, last revised January 5, 2007.
3. Lot Width. In this PSFR2 zoning district, the minimum required "lot
width" [SR] for a zoning lot shall be in substantial conformance to the
Preliminary Plat prepared by Landmark Design Group, last revised
January 5, 2007.
4. Setbacks - Generally. In this PSFR2 zoning district, the minimum
required "setbacks" [SR] shall be in substantial conformance to the
Preliminary Plat prepared by Landmark Design Group, last revised
January 5, 2007.
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be in
substantial conformance to the Preliminary Plat prepared by Landmark
Design Group, last revised January 5, 2007, namely:
Phase I (Lots 1-47):
a. Street Setback: 25 feet
b. Side/Interior Setback: 10 feet.
c. Rear Setback: 40 feet.
PhaseII (Lots 1-18):
a. Street Setback: 25 feet, 10 feet (corner side)
b. Side/Interior Setback: 5 feet.
c. Rear Setback: 40 feet.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance.
7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or
by the actual location of a building shall be subject to the provisions of
Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
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8. Residential Floor Area. In this PSFR2 zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall equal the
“zoning lot area” [SR] times 0.40 (40%).
9. Building Coverage. In this PSFR2 zoning district, the maximum "building
coverage" [SR] for a single family zoning lot shall equal the “zoning lot
area” [SR] times 0.35 (35%).
10. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall equal the “zoning lot area” [SR] times 0.10 (10%).
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand four
hundred (1,400) square feet.
12. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
c. Substantial conformance with the information, plats and plans
contained within the Design Report of Seven Creeks Subdivision,
prepared by Landmark Engineering Group, dated February, 2007, and
signed dated January 30, 2007 (the "Design Report"). Without
limiting the foregoing, all structures to be constructed on the Subject
Property shall be designed, constructed and maintained pursuant to the
Design Report including the elevations, home style provisions and
covenants described therein. Exterior building materials for all
structures to be constructed on the Subject Property shall consist of
brick or stone.
d. Conformance with other all applicable codes and ordinances.
H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Street Graphic. In this PSFR2 zoning district, signs shall be subject to the
provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976,
as amended, and shall also be subject to paragraph G.12, Supplementary
Conditions.
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K. Amendments. In this PSFR2 zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
L. Planned Developments. In this PSFR2 zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PSFR2 zoning
district and without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PSFR2 zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
N. Variations. In this PSFR2 zoning district, application for any variations shall be
subject to t he provisions of Chapter 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PSFR2
zoning district and without necessitating that all other property owners in this
PSFR2 zoning district authorize such an application.
O. Subdivisions – Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings – Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
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appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
RESOLUTION 07-149 ADOPTED APPROVING PRELIMINARY PLAT FOR SEVEN
CREEKS SUBDIVISION
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 07-149
RESOLUTION
APPROVING PRELIMINARY PLAT FOR SEVEN CREEKS SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the preliminary plat prepared by Landmark Engineering Group, Inc.
dated last revised January 5, 2007 for Seven Creeks Subdivision. The approval granted by this
resolution is tentative in nature, involving the general acceptability of the layout as submitted,
and shall not qualify the plat for recording. Application for final approval shall be made not later
than one year after the date of this resolution and must be supported by such drawings,
specifications and monetary assurance as may be necessary to demonstrate compliance with
applicable statutes and ordinances.
s/ Ed Schock
Ed Schock, Mayor
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448
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton__________________
Jennifer Quinton, Acting City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Elgin Telecommunications Tax for February 2007
Elgin Sales Tax for February 2007
Elgin Hotel/Motel Tax for April 2007
Cultural Arts Commission Meeting Minutes for April 9, 2007
Elgin Emergency Telephone System Board Meeting Minutes for April 19, 2007
Veterans Memorial Park Committee Meeting Minutes for February 21, 2007 and April 18, 2007
Committee of the Whole Minutes for May 9, 2007
City Council Minutes for May 9, 2007
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
The meeting adjourned at 7:57 p.m.
s/Jennifer Quinton June 27, 2007
Jennifer Quinton, Acting City Clerk Date Approved