HomeMy WebLinkAboutk - June 11, 2008 CC398
JUNE 11, 2008 VOLUME LXXIII
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 11, 2008, in
the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The
Invocation was given by Reverend Neris Diaz, Chaplain from Sherman Hospital and the Pledge
of Allegiance was led by Councilmember John Steffen.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters and
Mayor Schock. Absent: Councilmember Gilliam.
MINUTES OF THE MAY 28, 2008, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the
May 28, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
RECOGNIZE PERSONS PRESENT
Marlene Berman, representing the Elgin Gang & Drug Task Force and U-46, spoke about the
resources these two organizations had to offer the community. She requested that they be
included in any future plans the Street Gang Prevention and Intervention Committee proposes.
Marcus Banner, a former gang member, would like to see the tattoo removal program revived.
John Collins wanted to know when the Mayor had met with a former resident. He was
eventually removed from the Council Chambers by the Chief of Police due to the fact he refused
to sit down after his time was up.
Ina Dews announced that this year‟s Harvest Market would open on June 12, 2008.
VOLUME LXXIII JUNE 11, 2008
399
BID 08-040 AWARDED TO LANDMARK CONTRACTORS, INC. FOR THE CENTRAL
BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROJECT –
PHASE 2
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a
contract to Landmark Contractors, Inc. in the amount of $3,694,447.77 for the 2008 Central
Business District Street Resurfacing and Streetscape Project – Phase 2.
Councilmember Walters wondered if any of this work could be done at night.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
BID 08-042 AWARDED TO CHICAGO SPOTLIGHT FOR THE PURCHASE OF
RIGGING EQUIPMENT FOR THE HEMMENS CULTURAL CENTER
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to award a
contract to Chicago Spotlight in the amount of $24,399.20 for the purchase of rigging equipment
for The Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 08-043 AWARDED TO ZONATHERM PRODUCTS FOR AIR CONDITIONING
EQUIPMENT FOR COMPUTER ROOM
Councilmember Kaptain made a motion, seconded by Councilmember Walters, to award a
contract to Zonatherm Products in the amount of $22,085 for air conditioning equipment for the
computer server room within City Hall. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT AND PORI
PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT; PROPERTY LOCATED
AT 1600 NORTH RANDALL ROAD; BY HEALTHCARE REALTY TRUST OF
ILLINOIS, INC., AS APPLICANT AND OWNER (PETITION 11-08)
Mayor Schock declared the public hearing open.
Community Development Director Deering stated the Planning and Development Commission
has recommended approval subject to conditions.
Steve Elrod was present on behalf of the applicant. He indicated the applicant was requesting
annexation and zoning for a four story medical building. Matt Letterer of Healthcare Realty
Trust gave a brief history of the company and indicated that the reason they had decided to locate
JUNE 11, 2008 VOLUME LXXIII
400
in Elgin was because of high growth and a strong medical community. He stated the company
manages its own properties. They own their properties for the long-term.
There were no questions from the audience or the Council, and the Mayor Schock declared the
public hearing closed.
PETITION 11-08 APPROVED REQUESTING ANNEXATION, AND PORI PLANNED
OFFICE RESEARCH INDUSTRIAL DISTRICT ZONING APPROVAL; PROPERTY
LOCATED AT 1600 NORTH RANDALL ROAD; BY HEALTHCARE REALTY TRUST
OF ILLINOIS, INC., AS APPLICANT AND OWNER
Councilmember Kaptain made a motion, seconded by Councilmember Walters, to approve
Petition 11-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
ORDINANCE G40-08 PASSED AMENDING TITLE 10 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED “PUBLIC PEACE, MORALS AND
WELFARE” TO CREATE CHAPTER 10.31, ENTITLED “FIREWORKS POSSESSION,
SALE AND USE”
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G40-08
AN ORDINANCE
AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED “PUBLIC PEACE, MORALS AND WELFARE,” TO CREATE
CHAPTER 10.31, ENTITLED “FIREWORKS POSSESSION, SALE AND USE”
WHEREAS, the unauthorized use of fireworks and pyrotechnics presents great danger
and can cause grave injury to persons, especially children, and to property; and
WHEREAS, the State of Illinois has amended both the Fireworks Use Act (425 ILCS
35/0.01, et seq.) and the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS
227/0.01, et seq.), both of which prohibit the discharge of fireworks or pyrotechnics within the
corporate limits of any municipality unless the municipality passes an ordinance regulating such
displays; and
WHEREAS, the City of Elgin is an Illinois home rule municipality with the power to
regulate matters for the protection of the public health, safety, morals and welfare; and
VOLUME LXXIII JUNE 11, 2008
401
WHEREAS, the regulation and of the possession, sale and use of fireworks and
pyrotechnics pertains to the public health, safety, morals and welfare of the City of Elgin; and
WHEREAS, the Mayor and Cit y Council of the City of Elgin have determined that
appropriately planned and conducted fireworks and pyrotechnic displays are beneficial to the
public for commemorating celebratory events and has further determined that the regulation of
firework and pyrotechnic displays within the city is in the public‟s interest and protects the
health, safety and welfare of the city‟s residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled “Public
Peace, Morals and Welfare,” be and is hereby amended by creating Chapter 10.31, entitled,
“Fireworks Possession, Sale and Use,” to read as follows:
SECTION:
10.31.010: Definitions
10.31.020: Possession, sale, and use of fireworks
10.31.030: Pyrotechnic displays
10.31.040: Consumer displays
10.31.050: Registration of consumer distributors and retailers
10.31.060: Prohibitions
10.31.070: Penalty
10.31.010: DEFINITIONS:
As used in this chapter, the following words shall have the following meanings:
1.3G FIREWORKS: Those fireworks used for professional outdoor displays and
classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of
Transportation under 49 C.F.R. 172.101, as amended.
CONSUMER DISTRIBUTOR: Any person who distributes, offers for sale, sells, or
exchanges for consideration consumer fireworks in Illinois to another distributor or
directly to any retailer or person for resale.
CONSUMER FIREWORKS: Those fireworks that must comply with the construction,
chemical composition, and labeling regulations of the U.S. Consumer Products Safety
Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, as amended, and classified as
fireworks UN0336 or UN0337 by the United States Department of Transportation under
49 C.F.R. 172.101, as amended. "Consumer fireworks" shall not include snake or glow
worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby
traps", "snappers", "trick matches", "cigarette loads" and "auto burglar alarms"; sparklers;
JUNE 11, 2008 VOLUME LXXIII
402
toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing
twenty-five hundredths grains or less of explosive compound are used, provided they are
so constructed that the hand cannot come in contact with the cap when in place for the
explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths
grains of explosive mixture; the sale and use of which shall be permitted at all times.
CONSUMER FIREWORKS DISPLAY or CONSUMER DISPLAY: The detonation,
ignition, or deflagration of consumer fireworks to produce a visual or audible effect.
CONSUMER OPERATOR: An adult individual who is responsible for the safety, setup,
and discharge of the consumer fireworks display and who h as completed the training
required in section 10.31.040 of this chapter.
CONSUMER RETAILER: Any person who offers for sale, sells, or exchanges for
consideration consumer fireworks in Illinois directly to any person with a consumer
display permit.
DISPLAY FIREWORKS: 1.3G or special effects fireworks or as further defined in the
Pyrotechnic Distributor and Operator Licensing Act, 225 ILCS 227/1 et seq., as amended.
FLAME EFFECT: The detonation, ignition, or deflagration of flammable gases, liquids,
or special materials to produce a thermal, physical, visual, or audible effect before the
public, invitees, or licensees, regardless of whether admission is charged, in accordance
with National Fire Protection Association 160 guidelines, as amended, and as may be
further defined in the Pyrotechnic Distributor and Operator Licensing Act, 225 ILCS
227/1 et seq., as amended.
LEAD PYROTECHNIC OPERATOR: An individual who is responsible for the safety,
setup, and discharge of the pyrotechnic display and who is licensed pursuant to the
Pyrotechnic Distributor and Operator Licensing Act 225 ILCS 227/1 et seq., as amended.
PERSON: An individual, firm, corporation, association, partnership, company,
consortium, joint venture, or commercial entity.
PYROTECHNIC DISPLAY: The detonation, ignition, or deflagration of display
fireworks or flame effects to produce visual or audible effects of a exhibitional nature
before the public, invitees, or licensees, regardless of whether admission is charged, and
as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act, 225
ILCS 227/1 et seq., as amended.
SPECIAL EFFECTS FIREWORKS: Pyrotechnic devices used for special effects by
professionals in the performing arts in conjunction with theatrical, musical, or other
productions that are similar to consumer fireworks in chemical compositions and
construction, but are not intended for consumer use and are not labeled as such or
identified as "intended for indoor use." "Special effects fireworks" are classified as
fireworks UN0431 or UN0432 by the United States Department of Transportation under
VOLUME LXXIII JUNE 11, 2008
403
49 C.F.R. 172.101, as amended.
STATE LAW: The Illinois Fireworks Use Act, 425 ILCS 35/0.01, et seq., as amended,
and the Pyrotechnic Distributor and Operator Licensing Act, 225 ILCS 227/0.01, et seq.,
as amended.
10.31.020: POSSESSION, SALE, AND USE OF FIREWORKS:
Except as hereinafter provided, it shall be unlawful for any person, firm, co-partnership,
or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or
explode any display fireworks, flame effects, or consumer fireworks in the city without
first having been granted a permit by the city for pyrotechnic and consumer displays in
accordance with this chapter, State law and any applicable State and local regulations.
10.31.030: PYROTECHNIC DISPLAYS:
A. A pyrotechnic display permit shall be required for any pyrotechnic display and
shall be issued by the fire chief or his or her designee upon compliance with the
following conditions:
1. An application for a pyrotechnic display permit shall be made in writing at least
15 days in advance of the date of the pyrotechnic display, unless agreed to
otherwise by the fire chief or his or her designee.
2. An applicant for a pyrotechnic display permit shall be eighteen (18) years of
age or older.
3. An application for a pyrotechnic displays permit shall identify the licensed lead
pyrotechnic operator who will be conducting the display and include a current and
valid copy of the pyrotechnic operator‟s license as part of the application.
4. An application for a pyrotechnic display permit must identify the licensed
pyrotechnic distributor from whom the pyrotechnics will be obtained and a
current and valid copy of the pyrotechnic distributor‟s license shall be attached to
the application.
5. An application for a pyrotechnic display permit must verify that all pyrotechnic
assistants will be eighteen (18) years of age or older at the time the pyrotechnic
display will be occurring.
6. The applicant seeking the pyrotechnic display permit must provide proof of
liability insurance in a sum not less than $1,000,000 to the city before issuance of
the permit. The insurance coverage shall be an occurrence-based policy and shall
cover all periods of time when pyrotechnic materials are in the insured‟s actual
and constructive possession.
JUNE 11, 2008 VOLUME LXXIII
404
7. A pyrotechnic display permit shall be issued only after the city‟s fire chief, or
his or her designee, has inspected the site and determined that the display can be
performed in full compliance with the rules adopted by the State Fire Marshal and
the city and that the display shall not be hazardous to property or endanger any
person or persons.
8. A pyrotechnic display permit shall be signed by the city‟s fire chief, or his or
her designee, and must identify the lead pyrotechnic operator and the pyrotechnic
distributor.
9. After a pyrotechnic display permit has been granted, sales, possession, use, and
distribution of display fireworks for the display shall be lawful for that purpose
only.
10. No pyrotechnic display permit granted hereunder shall be transferable.
11. The application fee for a pyrotechnic display permit shall be $200.00.
B. An indoor pyrotechnic display shall be permitted upon compliance with the
foregoing provisions of this section. In addition, all indoor pyrotechnic displays
shall be conducted in buildings protected by automatic sprinkler systems meeting
the requirements of rules adopted by the State Fire Marshal pursuant to the
Illinois Fireworks Use Act, 425 ILCS 35/0.01, et seq., as amended.
C. No pyrotechnic display permit shall be required under the provisions of this
chapter for supervised public displays by the city or any state or county fair
associations.
10.31.040: CONSUMER DISPLAYS:
A. A consumer fireworks display permit shall be required for any consumer display
and shall be issued by the fire chief or his or her designee upon compliance with
the following conditions:
1. An applications for a consumer fireworks display permit shall be made in
writing at least 15 days in advance of the date of the display, unless agreed to
otherwise by the city‟s fire chief.
2. An applicant for a consumer fireworks display permit shall be eighteen (18)
years of age or older.
3. An application for a consumer fireworks display permit shall identify the
competent individual who will be handling the consumer display and the training
he or she has received from a consumer fireworks training class approved by the
Office of the State Fire Marshal. Proof that the competent individual who will be
handling the consumer display has received the requisite training must be attached
VOLUME LXXIII JUNE 11, 2008
405
to the consumer fireworks display permit application.
4. The city shall conduct a criminal background check of the applicant as a
condition of issuing a consumer fireworks display permit. No consumer fireworks
display permit shall be issued to any applicant who has been convicted of a felony
or any violation of a criminal statute or local ordinance related to the unlawful
sale of fireworks.
5. The applicant seeking the consumer fireworks display permit must provide
proof of liability insurance in a sum not less than $250,000 to the city before
issuance of the permit. The insurance coverage shall be an occurrence-based
policy and shall cover all periods of time when pyrotechnic materials are in the
insured‟s actual and constructive possession.
6. A consumer fireworks display permit shall be issued only after the city‟s fire
chief, or his or her designee, has inspected the site and determined that the display
can be performed in full compliance with the rules adopted by the State Fire
Marshal and the city and that the display shall not be hazardous to property or
endanger any person or persons.
7. A consumer fireworks display permit shall be signed by the city‟s fire chief, or
his or her designee, and must identify the trained individual handling the
consumer display.
8. After a consumer fireworks display permit has been granted, sales, possession,
use, and distribution of display fireworks for the display shall be lawful for that
purpose only.
9. No consumer fireworks display permit granted hereunder shall be transferable.
10. The application fee for a consumer fireworks display permit shall be $200.00.
10.31.050: REGISTRATION OF CONSUMER DISTRIBUTORS AND
RETAILERS:
A. No person may act as a consumer distributor or retailer or advertise or use any
title implying that the person is a consumer distributor or retailer unless registered
with the Office of the State Fire Marshal.
B. No consumer fireworks may be distributed, sold, transferred, or provided free of
charge to an individual who has not been issued a permit in accordance with
section 10.31.040 of this chapter or has not registered with the Office of the State
Fire Marshal in accordance with this section.
C. No person may sell to a single individual a quantity of consumer fireworks
exceeding 499 pounds without prior approval by the Office of the State Fire
JUNE 11, 2008 VOLUME LXXIII
406
Marshal.
10.31.060: PROHIBITIONS:
A. No pyrotechnics or fireworks shall be discharged, ignited or exploded at any point
in the city within 600 feet of any hospital, asylum or infirmary.
B. The use of what are technically known as fireworks showers or any mixture
containing potassium chlorate and sulphur in theatres or public halls is hereby
prohibited.
C. Nothing in this chapter shall be construed as prohibiting the manufacture, storage
or use of signals or fuses necessary for the safe operation of railroads, trucks,
aircraft or other instrumentalities of transportation.
D. The sale and use of sparklers on any city property is hereby prohibited.
10.31.070: PENALTY:
Violation of any section of this chapter shall, upon conviction, be punishable by a fine of
not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars
($750.00) and confiscation of the prohibited materials. Each violation of this chapter and
every day of a violation shall constitute a separate offense.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
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
VOLUME LXXIII JUNE 11, 2008
407
Presented: June 11, 2008
Passed: June 11, 2008
Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published: June 13, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
PAYEE AMOUNT REASON
Emergency Communications Fund
Ormond Beach, FL
$10,000.00 Consulting for Code Red Services for
one year extension
Rent Com
Chicago, IL
$42,347.50 Work performed for Sound System at
Chicago Bandits Ball Park
City of Elgin – The Centre
Elgin, IL
$22,036.37 Meetings 1st quarter 2008 for various
departments
Hoffman Estates Police Department
Hoffman Estates, IL
$23,308.00 Reimbursement of Salary for 2
employees 1st quarter 2008
Lake County Sheriff‟s Department
Waukegan, IL
$20,491.17 Reimbursement of Salary for 2
employees 1st quarter 2008
Seyfarth Shaw
Chicago, IL
$21,850.08 Attorney Services for the City
CONSENT AGENDA
By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember
Walters, to pass Ordinance Nos. G32-08 through G39-08 and adopt Resolution Nos. 08-141
through 08-156 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
JUNE 11, 2008 VOLUME LXXIII
408
RESOLUTION 08-141 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
NO. 4 TO THE AGREEMENT WITH BAXTER & WOODMAN, INC.
(DUNDEE/SUMMIT INTERSECTION IMPROVEMENTS)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-141
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 4
TO THE AGREEMENT WITH BAXTER & WOODMAN, INC.
(Dundee/Summit Intersection Improvements)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute Amendment No. 4 to the agreement on behalf of the City of
Elgin with Baxter & Woodman, Inc. for the Phase 1 and Phase 2 design engineering services for
the Dundee/Summit Improvement Project, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-142 ADOPTED APPROVING AN AMENDMENT TO THE
ARTICLES OF AGREEMENT FOR THE NORTHERN ILLINOIS SPECIAL
RECREATION ASSOCIATION
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII JUNE 11, 2008
409
Resolution No. 08-142
RESOLUTION
APPROVING AN AMENDMENT TO THE ARTICLES OF AGREEMENT
FOR THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby approves an amendment to the Northern Illinois Special Recreation
Association‟s Articles of Agreement which will reinstate the requirement of receiving member
district approval for the annual budget, a copy of which is attached hereto and made a part hereof
by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-143 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH S.T.A.T.E. TESTING, LLC (2008 NEIGHBORHOOD RESURFACING
PROJECT)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-143
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
S.T.A.T.E. TESTING, LLC
(2008 Neighborhood Resurfacing Project)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with S.T.A.T.E.
JUNE 11, 2008 VOLUME LXXIII
410
Testing, LLC for the 2008 Neighborhood Resurfacing Project, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-144 ADOPTED RATIFYING THE EXECUTION OF AN
AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION FOR INTERSECTION IMPROVEMENTS AT U.S. ROUTE 20
AND NESLER ROAD
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-144
RESOLUTION
RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS
AT U.S. ROUTE 20 AND NESLER ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of an agreement with the State of Illinois
Department of Transportation by Ed Schock, Mayor, and Diane Robertson, City Clerk, regarding
intersection improvements at U.S. Route 20 and Nesler Road, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JUNE 11, 2008
411
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-145 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SHALES MCNUTT, LLC FOR REPAIRS TO THE EAGLE ROAD BRIDGE
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-145
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SHALES McNUTT, LLC FOR REPAIRS TO
THE EAGLE ROAD BRIDGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane
Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Shales McNutt LLC for repairs to the Eagle Road Bridge, a copy
of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JUNE 11, 2008 VOLUME LXXIII
412
RESOLUTION 08-146 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH R.H. ANDERSON & ASSOCIATES FOR THE SPARTAN DRIVE
REHABILITATION – MCLEAN BOULEVARD TO LEHR DRIVE PROJECT
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-146
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ROBERT H. ANDERSON & ASSOCIATES
(Spartan Drive Rehabilitation-McLean Boulevard to Lehr Drive Project)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Robert H.
Anderson & Associates for design engineering services for the Spartan Drive Rehabilitation-
McLean Boulevard to Lehr Drive Project, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-147 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TANK INDUSTRY CONSULTANTS, INC. (ALFT LANE OVERHEAD TANK)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII JUNE 11, 2008
413
Resolution No. 08-147
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
TANK INDUSTRY CONSULTANTS, INC.
(Alft Lane Overhead Tank)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Tank
Industry Consultants, Inc. for inspection and painting of the Alft Lane Overhead Tank , a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-148 ADOPTED APPROVING LOAN UNDER THE SPECIAL
BUSINESS LOAN PROGRAM FOR BUILDING IMPROVEMENTS IN ELGIN
CENTER CITY (ELGIN PUBLIC HOUSE-219 E. CHICAGO STREET)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-148
RESOLUTION
APPROVING LOAN UNDER THE SPECIAL BUSINESS LOAN PROGRAM
FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY
(Elgin Public House-219 E. Chicago Street)
WHEREAS, the City of Elgin and certain banks and savings and loan institutions have
established a special business loan program for building improvement in Center City Elgin for
revitalization purposes; and
JUNE 11, 2008 VOLUME LXXIII
414
WHEREAS, Greg Shannon, Inc.; Greg Shannon; Anthony Shannon; Cecilia Whitt and
Lou Gramm (Elgin Public House), have submitted applications to Citibank, Old Second
National Bank and Country Wide for a loan under the special business loan program; and
WHEREAS, Citibank, Old Second National Bank and Country Wide have approved this
loan under the special business loan program; and
WHEREAS, the loan is for the improvement of a t ype of business located in an area of
the Center City of Elgin which meets the eligibility requirements of the special business loan
program; and
WHEREAS, the loan application meets the general requirements concerning type of
financing, contractor bids of the special loan program; and
WHEREAS, the loan applicants meet the qualifying standards as set out in the special
business loan program; and
WHEREAS, it is determined that funds are available for the loan, the development plans
are compatible with the Center City development plans, and the application is in adherence to the
objectives and regulations of the program.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, are
hereby authorized to approve the special business loan agreement as set forth in the loan
approvals of Citibank, Old Second National Bank, and Country Wide attached hereto and made a
part hereof by reference, and to make monthly interest payments in the amount indicated on the
Center City special business loan agreement between Greg Shannon, Inc.; Greg Shannon;
Anthony Shannon; Cecilia Whitt; and Lou Gramm (Elgin Public House) and the City.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 11, 2008
415
RESOLUTION 08-149 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE
CONTRACT WITH AMERICAN DEMOLITION CORP. FOR THE DEMOLITION OF
VARIOUS BUILDINGS
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-149
RESOLUTION
APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH AMERICAN
DEMOLITION CORP. FOR THE DEMOLITION OF VARIOUS BUILDINGS
WHEREAS, the City of Elgin has heretofore entered into a contract with American
Demolition Corp. for the demolition of 35 Daniels and 480 Park Street and two playground
structures; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No. 1, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and
directed to execute Change Order No. 1, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JUNE 11, 2008 VOLUME LXXIII
416
RESOLUTION 08-150 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE
CONTRACT WITH CRS ROOFING, INC. FOR THE POLICE AND PUBLIC WORKS
FACILITIES
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-150
RESOLUTION
APPROVING CHANGE ORDER NO. 1IN THE CONTRACT WITH
CSR ROOFING INC. FOR THE POLICE AND PUBLIC WORKS FACILITIES
WHEREAS, the City of Elgin has heretofore entered into a contract with CSR Roofing
Inc. for police facility roof replacement, curb installation for future skylights and public works
facility woodnailer replacement; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No. 1, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and
directed to execute Change Order No. 1, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 11, 2008
417
RESOLUTION 08-151 ADOPTED APPROVING CHANGE ORDER NO. 3 IN THE
CONTRACT WITH NORTHWEST CONTRACTORS, INC. FOR CONSTRUCTION OF
THE CLUBHOUSE AT THE HIGHLANDS OF ELGIN
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-151
RESOLUTION
APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH
NORTHWEST CONTRACTORS, INC. FOR CONSTRUCTION OF THE
CLUBHOUSE AT THE HIGHLANDS OF ELGIN
WHEREAS, the City of Elgin has heretofore entered into a contract with Northwest
Contractors, Inc. for construction of the clubhouse at The Highlands of Elgin; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No. 3, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and
directed to execute Change Order No. 3, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JUNE 11, 2008 VOLUME LXXIII
418
RESOLUTION 08-152 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES FROM GAIL
BORDEN PUBLIC LIBRARY DISTRICT FOR A PORTION OF LOT 112 IN THE
RESERVE PHASE 2 SUBDIVISION
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-152
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR PUBLIC UTILITY PURPOSES FROM GAIL BORDEN PUBLIC LIBRARY DISTRICT
FOR A PORTION OF LOT 112 IN THE RESERVE PHASE 2 SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a plat of easement for a portion of Lot 112 in Reserve Phase 2 from the Gail
Borden Public Library District for the property legally described on 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 plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-153 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII JUNE 11, 2008
419
Resolution No. 08-153
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Peggy Cleinmark be and is hereby reappointed as a member of the Board of Health, for a
term to expire May 1, 2011.
BE IT FURTHER RESOLVED that Dr. Ron Hirsch be and is hereby reappointed as a
member of the Board of Health, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Ron Ruffie be and is hereby reappointed as a
member of the Electrical Committee, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Betsy Couture be and is hereby reappointed as a
member of the Elgin Heritage Committee, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Paul Durenberger be and is hereby reappointed as a
member of the Elgin Heritage Commission, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Eric Pepa be and is hereby reappointed as a member
of the Elgin Heritage Commission, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Rich Jacobs be and is hereby reappointed as a
member of the Hemmens Advisory Commission, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Kathleen Weber be and is hereby reappointed as a
member of the Hemmens Advisory Commission, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Patrick Hudgens be and is hereby reappointed as a
member of the HVAC Committee, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Tricia Dieringer be and is hereby reappointed as a
member of the Image Advisory Commission, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Mohammad Iqbal be and is hereby reappointed as a
member of the Image Advisory Commission, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Gary Lichthardt be and is hereby reappointed as a
member of the Property Maintenance Appeals Board, for a term that expires May 1, 2011.
BE IT FURTHER RESOLVED that Stephen Silva be and is hereby reappointed as a
member of the Property Maintenance Appeals Board, for a term that expires May 1, 2011.
s/ Ed Schock
Ed Schock, Mayor
JUNE 11, 2008 VOLUME LXXIII
420
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-154 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE TOWN OF ELGIN (2008 YOUTH AT RISK SUMMER PROGRAM)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-154
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE TOWN OF ELGIN
(2008 Youth at Risk Summer Program)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with the Town of
Elgin for the 2008 Youth at Risk Summer Program, a copy of which is attached hereto and made
a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 11, 2008
421
RESOLUTION 08-155 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT WITH JUAN HERNANDEZ (WESTERLY PORTION OF
UNIMPROVED ALLEY BETWEEN HEINE AVENUE AND MCLEAN BOULEVARD)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-155
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
WITH JUAN HERNANDEZ
(Westerly Portion of Unimproved Alley Lying Between
Heine Avenue and McLean Boulevard)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, and Diane Robertson, 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 Hernandez, for the
sale of property commonly known as the westerly portion of unimproved alley lying between
Heine Avenue and McLean Boulevard, Elgin, for $2,925, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-156 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT WITH RONALD K. LAEHN (EASTERLY PORTION OF
UNIMPROVED ALLEY BETWEEN HEINE AVENUE AND MCLEAN BOULEVARD)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
JUNE 11, 2008 VOLUME LXXIII
422
Resolution No. 08-156
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
WITH RONALD K. LAEHN
(Easterly Portion of Unimproved Alley Lying Between
Heine Avenue and McLean Boulevard)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute a Real Estate Sales Contract on behalf of the City of Elgin with Ronald K. Laehn, for the
sale of property commonly known as the easterly portion of unimproved alley lying between
Heine Avenue and McLean Boulevard, Elgin, for $2,925, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G32-08 PASSED VACATING A PORTION OF A PUBLIC ALLEY
(UNIMPROVED ALLEY LYING BETWEEN HEINE AVENUE AND MCLEAN
BOULEVARD)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G32-08
AN ORDINANCE
VACATING A PORTION OF A PUBLIC ALLEY
(Unimproved Alley Lying Between Heine Avenue and McLean Boulevard)
WHEREAS, the public interest will be served by vacating a portion of a public right-of-
way in the City of Elgin, Kane County, Illinois, as shown in Exhibit “A” attached hereto; and
VOLUME LXXIII JUNE 11, 2008
423
WHEREAS, said property is not necessary to serve the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That a portion of an unimproved public alley in the City of Elgin, Kane
County, Illinois, legally described as follows:
A 13 foot Alley that is located South of Lots 9 and 14 in Block 1 of Columbia
Park Addition to Elgin, the Easterly boundary of the Alley being the Westerly
right-of-way line of McLean Boulevard and the Westerly boundary of the Alley
being the Easterly right-of-way line of Heine Avenue, in Elgin, Kane County,
Illinois.
be and the same is hereby vacated.
Section 2. That the City of Elgin does hereby reserve for and to itself and for and to
any public utility company owning any public utility or public service facilities in, upon or under
said right-of-way vacated by this ordinance full right of access for the purpose of continuing,
extending or installing any public utility or public service facilities and to maintain, renew,
extend or construct or reconstruct any such public utility or public service facilities. No
buildings or other permanent structure shall be construed upon said right-of-way vacated by this
ordinance.
Section 3. That for and in consideration of the City vacating the portion of the alley as
provided herein, Juan Hernandez, as the owner of a parcel of property known as Lot 14 in Block
1 of Columbia Park Addition to Elgin and abutting the westerly portion of the alley vacated
herein, and Ronald K. Laehn, as the owner of a parcel of property known as Lot 9 in Block 1 of
Columbia Park Addition to Elgin and abutting the easterly portion of the alley vacated herein,
shall each pay to the City the sum of $3,960.00. Upon receipt of such funds, a certified copy of
this ordinance, a plat of said vacated right-of-way, and respective quitclaim deeds, shall be filed
with the Recorder of Deeds of Kane County, Illinois, and thereupon: (1) Juan Hernandez, as the
owner of a parcel of property known as Lot 14 in Block 1 of Columbia Park Addition to Elgin
and abutting the westerly portion of the alley vacated herein shall pursuant to 65 ILCS 5/11-91-1
acquire title to the entire portion of the westerly half of the public alley adjacent to said Lot 14
vacated by this ordinance; and (2) Ronald K. Laehn, as the owner of a parcel of property known
as Lot 9 in Block 1 of Columbia Park Addition to Elgin and abutting the easterly portion of the
alley vacated herein shall pursuant to 65 ILCS 5/11-91-1 acquire title to the entire portion of the
easterly half of the public alley adjacent to said Lot 9 vacated by this ordinance.
Section 4. That this ordinance shall be in full force and effect from and after its
passage and recording in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
JUNE 11, 2008 VOLUME LXXIII
424
Presented: June 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G33-08 PASSED AMENDING TITLE 20 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED “HISTORIC PRESERVATION” PROVIDING
FOR THE ADOPTION OF AN UPDATED DESIGN GUIDELINE MANUAL
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G33-08
AN ORDINANCE
AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "HISTORIC PRESERVATION"
PROVIDING FOR THE ADOPTION OF AN UPDATED DESIGN GUIDELINE MANUAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin, Illinois, hereby adopts as the
Design Guidelines for Title 20 of the Elgin Municipal Code, 1976, as amended, entitled
“Historic Preservation” the Design Guideline Manual dated March 1997 (revised 2008) prepared
by the Elgin Heritage Commission and Consultant Thomason and Associates.
Section 2. That Section 20.04.010 of the Elgin Municipal Code, 1976, as amended,
entitled “Terms Defined” be and is hereby further amended by amending the definition of
“Design Guidelines” therein to read as follows:
“DESIGN GUIDELINES: The “Design Guideline Manual” dated March 1997
(revised 2008), prepared by the Elgin heritage commission and consultant
Thomason and Associates, and other guidelines which may be adopted by the city
council from time to time.”
Section 3. That Section 20.08.030 of the Elgin Municipal Code, 1976, as amended,
entitled “Design Guidelines” be and is hereby further amended to read as follows:
VOLUME LXXIII JUNE 11, 2008
425
“DESIGN GUIDELINES: In considering an application for a certificate of
appropriateness, the heritage commission and the design review subcommittee shall
apply the design guidelines as set forth in the “Design Guideline Manual” dated
March 1997 (revised 2008), prepared by the Elgin heritage commission and
consultant Thomason and Associates, as a standard for whether to issue such
certificates and other guidelines which may be adopted by the city council from
time to time.”
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 upon its passage and
publication in the manner provided by law.
_s/ Ed Schock _______
Ed Schock, Mayor
Presented: June 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published: June 13, 2008
Attest:
__s/ Diane Robertson_____________
Diane Robertson, City Clerk
ORDINANCE G34-08 PASSED RECLASSIFYING CERTAIN PROPERTY AT 863-877
BODE ROAD (IGLESIA DE CRISTO, A/K/A CHURCH OF CHRIST)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
JUNE 11, 2008 VOLUME LXXIII
426
Ordinance No. G34-08
AN ORDINANCE
RECLASSIFYING CERTAIN PROPERTY AT
863 – 877 BODE ROAD
(Iglesia De Cristo, a/k/a Church of Christ)
WHEREAS, written application has been made to reclassify certain property located at
863-877 Bode Road from SFR1 Single Family Residence District to PCF Planned Community
Facility District; and
WHEREAS, the Planning and Development Commission conducted a public hearing
after due notice by publication and has submitted its findings of fact and recommended approval;
and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
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 April 21, 2008, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
The boundaries hereinafter laid out in the Zoning District Map, as amended, be
and are hereby altered by including in the PCF Planned Community Facility
District the following described property:
Lots 15 And 15 in County Clerk‟s Division of unsubdivided lands in the South
½ of Section 18, Township 41 North, Range 9 East of The Third Principal
Meridian, in Cook County, Illinois (Property commonly known as 863-877 Bode
Road).
Section 3. That the City Council of the City of Elgin hereby grants the map
amendment to PCF Planned Community Facility District, for the property commonly known as
863 – 877 Bode Road, and legally described above, 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,
VOLUME LXXIII JUNE 11, 2008
427
educational, health, social, religious, and transportation services to the community on a
for profit or a not for profit basis.
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.
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 Planned Community Facility District:
Services Division
1. “Churches, convents, monasteries, and temples” (8661).
2. “Elementary and secondary schools” (8211)
Construction Division.
3. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
4. "Commercial antennas and antenna structures mounted on existing structures" [SR]
(UNCL).
5. "Radio and television antennas" [SR] (UNCL).
6. "Satellite dish antennas" [SR] (UNCL).
7. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
8. "Fences and walls" [SR] (UNCL).
9. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.47, Off Street Loading.
JUNE 11, 2008 VOLUME LXXIII
428
10. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this
PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking.
11. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in
this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking.
12. "Refuse collection area" [SR].
13. "Storage Tanks" [SR] (UNCL).
14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
15. "Temporary uses" [SR] (UNCL).
16. "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.
17. "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.
Conditional Uses. The following enumerated land uses shall be the only land uses
allowed as a conditional use in this PCF Planned Community Facility District:
Services Division.
1. "Institutional child day care services" [SR] (8351).
Transportation, Communication and Utilities Division.
2. "Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
3. "Conditional Commercial Antenna Tower" [SR] (UNCL).
4. "Other radio and television antennas" [SR] (UNCL).
5. "Other satellite dish antennas" [SR] (UNCL).
6. “Pipelines, except natural gas” (461).
7. “Refuse systems” (4953).
8. "Treatment, transmission, and distribution facilities: equipment, equipment buildings,
towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street
Parking.
10. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of
land, subject to the provisions of Chapter 19.60, Planned Developments.
11. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF
Community Facility District, subject to the provisions of Section 19.12.500, Accessory
Structures and Buildings.
12. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF
Community Facility District, subject to the provisions of Section 19.10.400, Component
Land Uses.
G. Site Design. In this PCF zoning district, the site design regulations shall be as required in
the CF District, pursuant to Chapter 19.30.135 Site Design, of the EMC, as may be
amended from time to time. The development of land and structures shall be in
substantial conformance with the following:
VOLUME LXXIII JUNE 11, 2008
429
1. Substantial conformance to the Petitioner‟s Statement of Purpose and
Conformance, submitted with the development application and letter prepared by
Peter C. Bazos, Law Offices of Bazos, Freeman, Kramer, Shuster, Vanek and
Kolb, Attorneys at Law.
2. Substantial Conformance to the proposed Site and Building Development for The
Church of Christ, encompassing the Site Plan (Sheet DD1) dated March 1, 2007,
last revised April 29, 2008; Upper and Lower Level Floor Plans (Sheet DD2),
dated March 1, 2007, last revised October 20, 2007; Building Elevations (Sheet
DD3) dated February 6, 2006, last revised October 20, 2007, and prepared by
Richard A. DalBello Architect.
3. Substantial Conformance to Photometric Site Plans prepared by RUUD Lighting,
Inc., dated February 13, 2007, last revised October 20, 2007.
4. Substantial Conformance to the Preliminary Engineering Plan (Sheet C1),
prepared by Applied Engineering Services, Ltd., dated December 8, 2006, last
revised October 19, 2007.
5. Substantial Conformance to the Landscape Plan (Sheet L1) prepared by Richard
A. DalBello Architects and dated March 1, 2007, revised April 1, 2008.
6. Compliance with all other applicable codes and ordinances.
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 EMC, 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 EMC, as amended.
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter
19.50, Signs of the Elgin Municipal Code, 1976, as amended.
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.
JUNE 11, 2008 VOLUME LXXIII
430
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. Any of the requirements of this ordinance may be
varied by petition of a 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.
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.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976,
as amended.
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 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 11, 2008
431
ORDINANCE G35-08 PASSED GRANTING A CONDITIONAL USE FOR CERTIFIED
MASSAGE THERAPISTS PRACTICE IN THE RC2 RESIDENCE CONSERVATION
DISTRICT (22 SOUTH ALFRED AVENUE)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G35-08
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR
CERTIFIED MASSAGE THERAPISTS PRACTICE
IN THE RC2 RESIDENCE CONSERVATION DISTRICT
(22 South Alfred Avenue)
WHEREAS, written application has been made requesting conditional use approval for a
certified massage therapists practice in the RC2 Residence Conservation District; 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 April 2, 2008, 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 to permit the establishment of a certified massage
therapists practice in the RC2 Residential Conservation District at 22 South Alfred Avenue and
legally described as follows:
Lot 5 in Block XIII of Washington Heights Addition to Elgin, in the City of Elgin,
Kane County, Illinois (Property Commonly Known As 22 South Alfred Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted by Natalie Pendergrass, dated February 13, 2008.
2. Substantial conformance to the Floor Plan, prepared by Natalie Pendergrass, dated
February 13, 2008.
JUNE 11, 2008 VOLUME LXXIII
432
3. Compliance with Ordinance G39-99 and with the Conditional Residential
Occupancy standards listed under the Supplementary Regulations of the City of
Elgin Municipal Code.
4. Conformance with the standards for conditional residential occupations within the
zoning ordinance. These standards include, but are not limited to the following:
a) Use of the land and structures (within an enclosed building, a maximum of
30% of the total floor area).
b) The number of employees on site (the owner of the home and one
additional employee, who cannot be a certified massage therapist).
c) Visits to the site (no more that 5 persons per day).
d) The hours of operation (8:00 a.m. – 6:00 p.m.).
e) Signage on site (commercial signage is not permitted).
5. Compliance with all other applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 11, 2008
433
ORDINANCE G36-08 PASSED AMENDING A PCF PLANNED COMMUNITY
FACILITY DISTRICT FOR CERTAIN TERRITORY (GAIL BORDEN PUBLIC
LIBRARY – WEST SIDE BRANCH – 2601 BOWES ROAD)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G36-08
AN ORDINANCE
AMENDING A PCF PLANNED COMMUNITY FACILITY DISTRICT
FOR CERTAIN TERRITORY
(Gail Borden Public Library - West Side Branch – 2601 Bowes Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to reclassify certain territory classified in
the PCF Planned Community Facility District by amending the provisions of such 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 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 amending the PCF Planned Community Facility
District, the following described property:”
Lot 112 In The Reserve, Said Being A Subdivision Of The Southeast Quarter Of
The Section 29, Township 41 North, Range 8 East Of The Third Principal
Meridian According To The Plat Thereof Recorded In April 14, 2004 As
Document 2004K044951 And Corrected By Document 2004K098661 Recorded
July 22, 2004, In The Township Of Elgin, And In The City Of Elgin, Kane
County, Illinois (Property Commonly Known As 2601 Bowes Road).
JUNE 11, 2008 VOLUME LXXIII
434
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 a not for profit basis. The PCF District is most
similar to, but departs from the standard requirements of the CF Community
Facility District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, 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.
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:
Municipal Services Division.
1. “Municipal Facilities” [SR] (UNCL)
2. “Public parks, recreation, and open space” [SR] (UNCL).
Services Division.
3. Public Libraries (823).
Construction Division.
4. “Contractors office and equipment areas” [SR] (UNCL).
VOLUME LXXIII JUNE 11, 2008
435
Transportation, Communication, and Utilities Division.
5. Radio and television antennas” [SR] (UNCL).
6. “Satellite dish antennas” [SR] (UNCL).
7. “Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL).
Miscellaneous Uses Division.
8. “Fences and walls” [SR] (UNCL).
9. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
10. “Temporary uses” [SR] (UNCL).
11. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter 19.47,
Off-street Parking.
12. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this
PCF Planned Community Facility District, subject to the provisions of
Section 19.12.500, Accessory Structures and Buildings.
13. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PCF
Planned Community Facility District, subject to the provisions of Section
19.20.400, Component Land Uses.
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 “conditional use” [SR] in this PCF zoning district:
Miscellaneous Uses Division.
1. “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.
2. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in
this PCF Planned Community Facility District, subject to the provisions of
Chapter 19.12.500, Accessory structures and Buildings.
3. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10. 400, Component Land Uses.
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 zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.30.135, Site
Design (CF Community Facility District), of the Elgin Zoning Ordinance. In this
PCF zoning district, the use and development of land and structures shall also be
subject to the following conditions:
1. Substantial conformance to the Development Plans for the West Side
Branch Library prepared by Engberg Anderson Design Partnership, Inc.,
dated July25, 2007, comprising of the following drawings:
JUNE 11, 2008 VOLUME LXXIII
436
i. Site Plan
ii. Landscape Plans (entire site), and Landscape Plan Enlargements
iii. Grading and Erosion Control Plan
iv. Site Utility Plan
v. Building Plan
vi. Building Section Sight Line Study
vii. Site Lighting Plan (dated May 11, 2007)
2. Substantial Conformance with the Building Elevation containing material
specifications and Perspective drawings for the West Side Branch Library,
prepared by prepared by Engberg Anderson Design Partnership, Inc.,
dated July 25, 2007.
3. The development of the portion of the Subject Property owned by the City
of Elgin shall be in substantial conformance with the site plan therefore
approved by the Development Administrator.
4. Compliance with all applicable codes and ordinances.
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 PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. The
development administrator may require, and may approve signs not otherwise
provided by this title in support of the development.
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 amendment 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.
VOLUME LXXIII JUNE 11, 2008
437
M. Conditional Uses. In this PCF 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 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, application for variation shall be subject
to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code,
1976, as amended. Any of the requirements of this ordinance may be varied by
petition of a 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.
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.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 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 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JUNE 11, 2008 VOLUME LXXIII
438
ORDINANCE G37-08 PASSED ESTABLISHING A PAY PLAN FOR THE POSITIONS
OF FIRE LIEUTENANT AND FIREFIGHTERS
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G37-08
AN ORDINANCE
ESTABLISHING A PAY PLAN FOR THE POSITIONS OF
FIRE LIEUTENANT AND FIREFIGHTER
WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved
negotiated settlements reached by the City of Elgin and various employee groups; and,
WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary
plan for Fire Group employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That effective July 1, 2008, there is hereby established the following
schedule of standard monthly and yearly salary ranges for all full time employees in Group F:
I II III IV V VI
Firefighter $4,442 $4,734 $5,031 $5,330 $5,624 $5,920
$53,298 $57,807 $60,368 $63,955 $67,490 $71,038
Lieutenant $6,381 $6,666 $6,939
$76,569 $79,986 $83,274
Section 2. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 3. That this ordinance shall be in full force and effect as of July 1, 2008.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JUNE 11, 2008
439
Presented: June 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G38-08 PASSED ESTABLISHING A PAY PLAN FOR THE POSITION
OF POLICE OFFICER
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G38-08
AN ORDINANCE
ESTABLISHING A PAY PLAN FOR THE POSITION OF
POLICE OFFICER
WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved
negotiated settlements reached by the City of Elgin and various employee groups; and,
WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary
plan for Police Group employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That effective July 1, 2008, there is hereby established the following
schedule of standard monthly and yearly salary ranges for all full time employees in Group P:
I II III IV V VI
Police Officer $4,515 $4,797 $5,276 $5,639 $5,875 $6,208
$54,185 $57,564 $63,316 $67,673 $70,503 $74,495
Section 2. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed.
JUNE 11, 2008 VOLUME LXXIII
440
Section 3. That this ordinance shall be in full force and effect as of July 1, 2008.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G39-08 PASSED ADOPTING CERTAIN ELEVATOR SAFETY
STANDARDS AS THE ELEVATOR SAFETY CODE OF THE CITY OF ELGIN
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G39-08
AN ORDINANCE
ADOPTING CERTAIN ELEVATOR SAFETY STANDARDS
AS THE ELEVATOR SAFETY CODE OF THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Title 16, entitled “Buildings and Construction,” of the Elgin Municipal
Code, 1976, as amended, be and is hereby amended to create Chapter 16.30, entitled “Elevator
Safety Code” to read as follows:
CHAPTER 16.30
ELEVATOR SAFETY CODE
SECTION:
16.29.010: Adopted; Exceptions.
16.29.020: Department of Code Administration.
16.29.030: Conflicts with Other Provisions
VOLUME LXXIII JUNE 11, 2008
441
16.29.010: ADOPTED; EXCEPTIONS:
The following documents, one copy of each being on file in the office of the City Clerk, and
being marked and designated as set forth below, are hereby adopted as and shall be known as the
Elevator Safety Code of the City for establishing minimum requirements, with due regard to
function, for the design, operation, inspection, and maintenance of elevators within the City; and
each and all of the regulations, provisions, penalties, conditions and terms of the documents set
forth below are hereby referred to, adopted, and made a part hereof, as if fully set out in this
chapter, with any additions, insertions, deletions and changes prescribed in this chapter, said
documents being the following:
1. Safety Code for Elevators and Escalators (ASME A17.1-2005), A17.1(a)-2005, and
A17.1(s)-2005 (American Society for Mechanical Engineers);
2. Guide for Inspection of Elevators, Escalators, and Moving Walks (ASME17.2-2004)
(American Society for Mechanical Engineers);
3. Safety Code for Existing Elevators and Escal ators (ASME A17.3-2005) (American
Society for Mechanical Engineers);
4. Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1-2005)
(American Society for Mechanical Engineers);
5. Standard for the Qualification of Elevator Inspectors (ASME QEI-1-2004) (American
Society for Mechanical Engineers);
6. Safety Requirements for Personal Hoists and Employee Elevators (ANSI A10.4-2004)
(American National Standards); and,
7. Automated People Mover Standards (ASCE 21-2000) (American Society for Civil
Engineers).
16.29.020: DEPARTMENT OF CODE ADMINISTRATION:
The department of code administration is responsible for enforcing the rules and regulations
relating to design, operation, inspection, and maintenance of elevators, as herein provided.
16.29.030: CONFLICTS WITH OTHER PROVISIONS:
When a provision of this chapter conflicts with any other provision of this code regulating the
same subject matter, the more stringent or restrictive provision shall apply.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
JUNE 11, 2008 VOLUME LXXIII
442
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 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Hotel/Motel Tax for April 2008
Elgin Cultural Arts Commission Meeting Minutes for May 12, 2008
Heritage Commission Design Review Subcommittee Meeting Minutes for May 13, 2008
Elgin Liquor Control Commission Meeting Minutes for May 7, 2008
Planning and Development Commission Meeting Minutes for April 21, 2008
Veterans Memorial Park Committee Meeting Minutes for April 16, 2008
Zoning and Subdivision Hearing Board Meeting Minutes for April 2, 2008
Committee of the Whole Minutes for May 14, 2008
City Council Minutes for May 14, 2008
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
VOLUME LXXIII JUNE 11, 2008
443
ADJOURNMENT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
The meeting adjourned at 7:30 p.m.
s/ Diane Robertson June 25, 2008
Diane Robertson, City Clerk Date Approved