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JUNE 25, 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 25, 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 Jonathan Hutchison from the First United Methodist Church
and the Pledge of Allegiance was led by Councilmember Bob Gilliam.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters and Mayor Schock. Absent: None.
MINUTES OF THE JUNE 11, 2008, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Figueroa made a motion, seconded by Councilmember Powers, to approve the
June 11, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Councilmember Gilliam was present but did not vote due to his absence.
COMMUNICATIONS
New Citizen Recognition
Jeanette Mihalec opened the recognition ceremony and stated this was the ninth year of the
program. Members of the Elgin Choral Union sang the National Anthem. Senator Nolan and
Representative Munson were recognized. Richard Reed of Elgin Community College outlined
the citizenship process. Maria Soto and Luz Marina Saravia spoke about their experiences. All
of the new citizens were introduced to the Council, the City Manager, and other dignitaries. The
Mayor thanked the committee for their efforts.
RECOGNIZE PERSONS PRESENT
Mary Ellen Goodwill would like to see the return of the outdoor summer movie series.
John Collins expressed his appreciation to Chief Womack for meeting with him.
VOLUME LXXIII JUNE 25, 2008
445
Vicki Redican expressed concerns about fireworks in her neighborhood. She also said she was
excited about the possibility of an artist community and she suggested partnering with a sister
city in Europe. She would like to be involved in these efforts. The Mayor said he would see that
she gets invited to a committee meeting.
BID 08-029 AWARDED TO JOEL KENNEDY CONSTRUCTION CORPORATION FOR
THE CONSTRUCTION OF PHASE II OF THE JOINT WASTE DISPOSAL LINE
Councilmember Kaptain made a motion, seconded by Councilmember Powers, to award a
contract to Joel Kennedy Construction Corporation in the amount of $2,861,200 for Phase II
construction of the City of Elgin’s lime waste disposal main and Fox River Water Reclamation
District’s force main. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 08-045 AWARDED TO MARTAM CONSTRUCTION, INC. FOR THE 2008
NEIGHBORHOOD STREET REHABILITATION - WING PARK BOULEVARD
PROJECT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a
contract to Martam Construction, Inc. in the total amount of $1,756,629 for the 2008
Neighborhood Street Rehabilitation - Wing Park Boulevard Project. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
BID 08-048 AWARDED TO AMERICAN DEMOLITION CORPORATION FOR THE
FAST TRACK DEMOLITION OF 50/52 SOUTH STATE STREET
Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a
contract to American Demolition Corporation in the amount of $14,000 for the fast track
demolition of 50/52 South State Street. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT AND PAB
PLANNED AREA BUSINESS DISTRICT; PROPERTY LOCATED AT 3303 AND 3305
ROUTE 20; BY ALFONSO NAVA AND PHILLIP MCKAY, AS APPLICANTS AND
OWNERS (PETITION 50-07)
Mayor Schock declared the public hearing open.
JUNE 25, 2008 VOLUME LXXIII
446
Community Development Director Deering reviewed the petition and stated the Planning and
Subdivision Commission had recommended approval. Douglas Winter, attorney for the
applicant was present and introduced himself.
No one else chose to speak, and Mayor Schock declared the public hearing closed.
PETITION 50-07 APPROVED REQUESTING ANNEXATION, AND PAB PLANNED
AREA BUSINESS DISTRICT ZONING APPROVAL; PROPERTY LOCATED AT 3303
AND 3305 ROUTE 20; BY ALFONSO NAVA AND PHILLIP MCKAY, AS
APPLICANTS AND OWNERS
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve
Petition 50-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 24-08 APPROVED REQUESTING CONDITIONAL USE APPROVAL TO
ALLOW A MOTORCYCLE DEALER IN THE NB NEIGHBORHOOD BUSINESS
DISTRICT; PROPERTY LOCATED AT 920 SOUTH MCLEAN BOULEVARD BY
KANE COUNTY MOTOR SPORTS / B2 INVESTMENTS, LLC, AS APPLICANT, AND
THOMAS C. ZYLSTRA, BETH A. ZYLSTRA, ROBERT C. ZYLSTRA, AND MARCIA
L. ZYLSTRA, AS OWNERS
Community Development Director Deering reviewed the petition and stated the Planning and
Development Committee had recommended approval with conditions.
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve
Petition 24-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 32-08 APPROVED REQUESTING A MAP AMENDMENT FROM NB
NEIGHBORHOOD BUSINESS DISTRICT TO RC2 RESIDENCE CONSERVATION
DISTRICT; PROPERTY LOCATED AT 808 DUNCAN AVENUE; BY CHAD LACEK,
AS APPLICANT AND OWNER
Community Development Director Deering reviewed the petition and stated the Planning and
Development Committee had recommended approval subject to conditions.
Councilmember Walters made a motion, seconded by Councilmember Steffen, to approve
Petition 32-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII JUNE 25, 2008
447
PUBLIC HEARING TO ADD TERRITORY TO THE CITY OF ELGIN ENTERPRISE
ZONE
Mayor Schock declared the public hearing open.
Economic Development Director Ray Moller stated the expansion to an existing enterprise zone
would include the new Siemans wind energy project and include fifteen acres on Madeline
Drive.
No one else chose to speak, and Mayor Schock declared the public hearing closed.
ORDINANCE S8-08 PASSED TO ADD TERRITORY TO THE CITY OF ELGIN
ENTERPRISE ZONE
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance.
Mayor Schock thanked Senator Nolan, Representative Munson, and Congresswoman Melissa
Bean for their assistance in keeping the Siemans expansion in Elgin. He also expressed his
appreciation to staff, and in particular to Sue Olafson, and Pancor Development for their efforts.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
Ordinance No. S8-08
AN ORDINANCE
TO ADD TERRITORY TO THE CITY OF ELGIN ENTERPRISE ZONE
WHEREAS, the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to
as “City”) is a home rule unit of government under the Illinois Constitution of 1970, Article VII,
Section 6; and
WHEREAS, the City established an enterprise zone (hereafter referred to as the “Elgin
Enterprise Zone”) on December 17, 1984, per Ordinance No. G63-84, pursuant to authority
granted it by the Illinois Enterprise Zone Act (20 ILCS 655/1 et seq.; hereafter referred to as the
“Act”), as amended, subject to the approval of the Illinois Department of Commerce and
Community Affairs (now the Illinois Department of Commerce and Economic Opportunity and
hereinafter referred to as “State”), and subject to the provisions of the Act; and
WHEREAS, the City of Elgin Enterprise Zone was approved by the State, effective
July 1, 1985; and
JUNE 25, 2008 VOLUME LXXIII
448
WHEREAS, a request has been made to further expand the current Enterprise Zone area
through the addition of certain property, pursuant to the Act, and subject to approval by the State,
and subject to the provisions of the Act; and
WHEREAS, the City conducted a public hearing concerning the addition of property to
the designated Enterprise Zone, after due 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 Section III of Ordinance No. G63 – 84, the Ordinance Designating an
Enterprise Zone under the Illinois Enterprise Zone Act for Elgin, Illinois and as amended by
Ordinance No.G44-01 and Ordinance No. S29-04, are hereby further amended by adding the
territory depicted in Exhibit “A” as the Proposed Expansion Zone and legally described in
Exhibit “B”, attached hereto, to the list of exhibits within Section III and thereby expanding the
territory of such Enterprise Zone; provided however, such Proposed Expansion Zone to the
Enterprise Zone shall not be subject to or eligible for the property tax abatement provisions of
the Act.
Section 2. That all ordinances and parts thereof in conflict herewith are expressly
repealed and are of no further force and effect.
Section 3. That repeal of any ordinances by this ordinance shall not affect any rights
accrued or liability incurred under said repealed ordinances to the effective date hereof. The
provisions of this ordinance insofar as they are the same or substantially the same as those of any
prior ordinance, shall be construed as a continuation of said prior ordinances.
Section 4. That it is the intention of the City Council of the City of Elgin that this
ordinance and every provision thereof shall be severable and the invalidity of any section, clause,
or provision of this ordinance shall not affect the validity of any portion of this ordinance.
Section 5. That the City Manager is hereby authorized and directed to cause to be
prepared an application with the State in accordance with the provisions of the Illinois Enterprise
Zone Act and to provide such additional information and documents as may be required by the
Department and to otherwise take such action as may be necessary on behalf of the City of Elgin
to obtain certification by the Department of the amendment to the enterprise zone herein created.
Section 6. That this ordinance shall be in full force and effect from and after its passage,
approval, recording and publication in accordance with law, and after the State has approved and
certified the application for amendment to the Enterprise Zone pursuant to Section 5.4 of the Act.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JUNE 25, 2008
449
Presented: June 25, 2008
Passed: June 25, 2008
Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE S9-08 PASSED AMENDING ORDINANCE NO. S5-02 AUTHORIZING
THE ABATEMENT OF TAXES ON PROPERTY WITHIN THE ELGIN ENTERPRISE
ZONE
Councilmember Kaptain made a motion, seconded by Councilmember Walters, 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. S9-08
AN ORDINANCE
AMENDING ORDINANCE NO. S5-02 AUTHORIZING THE ABATEMENT OF TAXES
ON PROPERTY WITHIN THE ELGIN ENTERPRISE ZONE
WHEREAS, the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
“City”) is a home rule unit of government under the Illinois Constitution of 1970, Article VII,
Section 6; and
WHEREAS, Ordinance No.G70-82, passed on December 22, 1982, and Ordinance
No. G71-89, passed July 26, 1989, designated an enterprise zone (hereinafter referred to as the
“Elgin Enterprise Zone”) pursuant to the Illinois Enterprise Zone Act (20 ILCS 655/5.1 et seq.;
hereinafter referred to as the “Act”), as amended, subject to the approval of the Illinois
Department of Commerce and Community Affairs, now the Illinois Department of Commerce
and Economic Opportunity and hereinafter referred to as “State”), and subject to the provisions
of the Act; and
WHEREAS, the State certified the Elgin Enterprise Zone effective on July 1, 1985; and
WHEREAS, the City has made subsequent amendments and modifications to the Elgin
Enterprise Zone that have subsequently been approved by the State; and
JUNE 25, 2008 VOLUME LXXIII
450
WHEREAS, Ordinance No. S5-02, passed on April 10, 2002, authorized and directed to
the Kane County Clerk to abate ad valorem taxes imposed upon some of the real property located
within the Elgin Enterprise Zone upon which new improvements have been constructed or upon
which existing improvements have been renovated or rehabilitated, subject t o certain exclusions
and conditions; and
WHEREAS, Ordinance No. S32-04, passed on October 27, 2004, provided for certain
amendments to Ordinance No. S5-02 including, but not limited to, excluding certain additional
areas within the Elgin Enterprise Zone from the property tax abatement provisions of Ordinance
No. S5-02 and from the property tax abatement provisions of the Enterprise Zone Act; and
WHEREAS, the City has passed an ordinance to add territory to the Elgin Enterprise
Zone pursuant to the Act as Ordinance No. S8-08.
WHEREAS, the City has determined that it is necessary to further amend Ordinance No.
S5-02 to exclude the Proposed Expansion Zone area to the Elgin Enterprise Zone pursuant to
Ordinance No. S8-08 from the property tax abatement provisions of Ordinance No. S5-02 and
from the property tax abatement provisions of the Enterprise Zone Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Ordinance No. S5-02 be and is hereby further amended by further
amending Subsection b of Section 1 thereof to read as follows:
b) such abatement shall be allowed only for industrial, residential or
commercial property located within the Elgin Enterprise Zone area, provided,
however, that no such abatement shall be applicable to any such improvement
project District within the boundaries of the Tax Increment Redevelopment
Project Districts as set forth in Ordinance Numbers G73-85; G74-85; S8-86; S9-
86; S2-02; S3-02, S4-02; S26-04; S27-04 or S28-04; or within the boundaries of
the Proposed Expansion Zone to the Elgin Enterprise Zone depicted and legally
described in Ordinance No. S8-08.
Section 2. That this ordinance shall be in full force and effect immediately after its
passage, approval, recording and publication in accordance with law, and after the State has
approved and certified the application for amendment to the Elgin Enterprise Zone pursuant to
Section 5.4 of the Act.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JUNE 25, 2008
451
Presented: June 25, 2008
Passed: June 25, 2008
Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-161 ADOPTED AUTHORIZING EXECUTION OF A GRANT
AGREEMENT WITH NATHANIEL NOEL, MICHAEL FORD, DOUGLAS HEIMANN,
BRENDA ZEID, KATHLEEN MAU AND THE DOWNTOWN DUPAGE CONDO
ASSOCIATION (269-275 DUPAGE STREET)
Councilmember Powers made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Powers, Steffen,
Walters, and Mayor Schock. Nays: Councilmember Figueroa and Councilmember Kaptain.
Resolution No. 08-161
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT
WITH NATHANIEL NOEL, MICHAEL FORD, DOUGLAS HEIMANN,
BRENDA ZEID, KATHLEEN MAU AND THE
DOWNTOWN DUPAGE CONDO ASSOCIATION
(269-275 DuPage Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E LGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk be and is hereby authorized and
directed to execute a grant agreement with Nathaniel Noel, Michael Ford, Douglas Heimann,
Brenda Zeid, Kathleen Mau and the Downtown DuPage Condo Association for emergency
building stabilization at 269-275 DuPage Street, a copy of which is attached hereto and made a
part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
JUNE 25, 2008 VOLUME LXXIII
452
Presented: June 25, 2008
Adopted: June 25, 2008
Vote: Yeas: 5 Nays: 2
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G45-08 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN (WALNUT AVENUE BIKE PATH)
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. G45-08
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 11.60.050O of the Elgin Municipal Code, 1976, as amended,
entitled “Stopping, Standing, Parking Prohibited” be and is hereby further amended by adding
the following:
“Walnut Avenue – South – State Street to South Street”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect ten days after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JUNE 25, 2008
453
Presented: June 25, 2008
Passed: June 25, 2008
Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G46-08 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED “ZONING”
Councilmember Figueroa made a motion, seconded by Councilmember Steffen, 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. G46-08
AN ORDINANCE
AMENDING TITLE 19 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED, “ZONING”
WHEREAS, the “ARC Arterial Road Corridor Overlay Districts” are intended to
establish the desired development character along the arterial road corridors; and
WHEREAS, a petition has been filed seeking revisions to the land uses within “ARC
Arterial Road Corridor Overlay District” 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.”
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
JUNE 25, 2008 VOLUME LXXIII
454
Section 1. That Section 19.15.520 entitled “Land Use,” of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended by amending subparagraph I thereof
relating to the Retail Trade Division to read as follows: to read as follows:
“I. Retail Trade Division
Mobile home dealers (52)
Motor vehicle dealers (new and used) on a zoning lot [SR] containing less than
four (4) acres (5511)
Motor vehicle dealers (used only) on a zoning lot [SR] containing less that four
(4) acres (5521)
Auto supply stores (5531)
Boat dealers (5551)
Recreational vehicle dealers (5561)
Automotive dealers, not elsewhere classified (5599)
Pawn shops (5932)
Firearm sales (5941)”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. 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 25, 2008
Passed: June 25, 2008
Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 25, 2008
455
ORDINANCE G47-08 PASSED GRANTING A CONDITIONAL USE FOR A
MOTORCYCLE DEALER IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (920
SOUTH MCLEAN BOULEVARD)
Councilmember Kaptain 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. G47-08
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A MOTORCYCLE DEALER
IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(920 South McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval for a
motorcycle Dealer in the NB Neighborhood Business 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 fin dings 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 June 4, 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 a Motorcycle Dealer (5571) in the
NB Neighborhood Business District at 920 South McLean and legally described as follows:
That part of the Northwest Quarter of Section 27, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows: Commencing at the
most Easterly Northeast corner of College Green Unit 1, being a subdivi sion of
part of said Northwest Quarter; thence North 85 degrees 27 minutes 26 seconds
West along a Northerly line of said Unit 1, a distance of 50.0 feet to the Westerly
right of way line of McLean Boulevard for the point of beginning, (said point also
being the Northeast corner of Lot 15, of said College Green Unit 1); thence
continuing North 85 degrees 27 minutes 26 seconds West along said North line of
Unit 1, a distance of 340.14 feet to a jog in said subdivision; thence North 04
degrees 58 minutes 47 seconds East along an East line of said subdivision 223.83
feet to the South line of Torrey Pines Drive (also being the Northeast corner of
Lot 7 in said Unit 1); thence South 85 degrees 01 minutes 54 seconds East along
JUNE 25, 2008 VOLUME LXXIII
456
the South line of Torrey Pines Drive a distance of 339.14 feet to the West line of
McLean Boulevard; thence Southerly along said West line being on a curve to the
left having a radius of 34,427.50 feet, an arc length of 221.31 feet to the point of
beginning; (the cord of the last described bearing South 04 degrees 43 minutes 29
seconds West 221.31 feet), in the City of Elgin, Kane County, Illinois.
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Charles R. Stephenson, dated May 14, 2008.
2. Substantial conformance with the Site Plan, prepared by Robert P. Lizzo
Architect, dated May 14, 2008.
3. Substantial conformance to the Landscape Plan, prepared by Planning Resources
Inc., dated May 23, 2008. Landscaping must be installed prior to the issuance of
an occupancy permit.
4. Substantial conformance to the plan for the proposed fence along the west end of
the parking lot, prepared by Planning Resources Inc., dated May 23, 2008. The
fence must be installed prior to the issuance of an occupancy permit.
5. Test driving motorcycles or other vehicles shall not be allowed on the streets in
adjoining residential subdivisions.
6. Outdoor storage of supplies or equipment is prohibited.
7. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JUNE 25, 2008
457
Presented: June 25, 2008
Passed: June 25, 2008
Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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
Speer Financial
Chicago, IL
$38,243.46 Services in connection with General
Obligation Bonds sale
North East Multi-Regional
Training
North Aurora, IL
$12,780.00 Annual Membership Invoice for training of
189 full time officers and 17 civilians
CONSENT AGENDA
By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember
Walters, to pass Ordinance Nos. G41-08 through G44-08 and adopt Resolution Nos. 08-157
through 08-160 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
RESOLUTION 08-157 ADOPTED RATIFYING THE EXECUTION OF ILLINOIS
DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY GRANT
AGREEMENT #08-203175 REGARDING SIEMENS ENERGY & AUTOMATION, INC.
Councilmember Gilliam 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.
JUNE 25, 2008 VOLUME LXXIII
458
Resolution No. 08-157
RESOLUTION
RATIFYING THE EXECUTION OF ILLINOIS DEPARTMENT OF COMMERCE
AND ECONOMIC OPPORTUNITY GRANT AGREEMENT NO. 08-203175
REGARDING SIEMENS ENERGY AND AUTOMATION, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of an Illinois Department of Commerce and
Economic Opportunity Grant Agreement No. 08-203175 regarding Siemens Energy and
Automation, Inc. by Ed Schock, Mayor, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2008
Adopted: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-158 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ECONOMICS RESEARCH ASSOCIATES (ERA) REGARDING PROPOSED
EXPANSION OF THE HEMMENS CULTURAL CENTER
Councilmember Gilliam 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. 08-158
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ECONOMICS RESEARCH ASSOCIATES (ERA) REGARDING PROPOSED
EXPANSION OF THE HEMMENS CULTURAL CENTER
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
VOLUME LXXIII JUNE 25, 2008
459
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 Economics Research Associates (ERA) regarding the proposed
expansion of the Hemmens Cultural Center, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2008
Adopted: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-159 ADOPTED ESTABLISHING PREVAILING WAGE RATES ON
PUBLIC WORKS CONTRACTS
Councilmember Gilliam 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. 08-159
RESOLUTION
ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS
WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers,
mechanics, and other workers employed in any public works by the State, county, city or any
public body or any political subdivision or by any one under contract for public works." requires
that any public body awarding any contract for public work, or otherwise undertaking any public
works as defined herein, shall ascertain the general prevailing hourly rate of wages for
employees engaged in such work; and
WHEREAS, said Act further provides that if the public body desires that the Department
of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to
ascertain the general prevailing wage rate; and
JUNE 25, 2008 VOLUME LXXIII
460
WHEREAS, at the request of the City of Elgin the Department of Labor has determined
the prevailing rate of wages for construction work in Cook and Kane Counties in the Stat e of
Illinois.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the
Department of Labor, copies of which are attached hereto and made a part hereof by reference,
are adopted by the City of Elgin.
BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin
shall include a stipulation to the effect that not less than the prevailing rate of wages as found by
the Department of Labor shall be paid to all laborers, workers and mechanics performing work
under the contract.
BE IT FURTHER RESOLVED that all contract bonds for public works shall include a
provision to guarantee the faithful performance of the prevailing wage clause as provided by
contract.
BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by
the Department of Labor shall be publicly posted and kept available for inspection by any
interested party.
BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply
to the prevailing hourly rate of wages in the locality for employment other than public works
construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a
certified copy of this resolution with the Secretary of State Index Division and the Department of
Labor of the State of Illinois.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2008
Adopted: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 25, 2008
461
RESOLUTION 08-160 ADOPTED APPROVING ADDITIONAL GRANT RECIPIENT
UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM
Councilmember Gilliam 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. 08-160
RESOLUTION
APPROVING ADDITIONAL GRANT RECIPIENT UNDER THE
HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM
WHEREAS, the Historic Architectural Rehabilitation Grant Program has been
established to provide financial assistance and incentives for property owners in Elgin's historic
districts and individual landmarks in the restoration of their properties; and
WHEREAS, in February of 2008 the City Council approved 12 projects under the
Historic Architectural Rehabilitation Grant Program for a total of $205,643; and
WHEREAS, the property owner at 226 Villa Street failed to receive enough points during
the review process to be eligible for the program. The property owner was subsequently given
the opportunity to revise his application and has now received enough points to qualify for the
Historic Architectural Rehabilitation Grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that the sum of $16,999 is allocated for the project approved under the
grant recipient eligibility list for Joseph Pellegrino at 226 Villa Street in the amount of $16,999.
BE IT FURTHER RESOLVED that the projects shall be in conformance with all
applicable codes and ordinances.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2008
Adopted: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JUNE 25, 2008 VOLUME LXXIII
462
ORDINANCE G41-08 PASSED CREATING CHAPTER 10.25 ENTITLED “DRUG
PARAPHERNALIA CONTROL” OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED
Councilmember Gilliam made a motion, seconded by Councilmember Walters, 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. G41-08
AN ORDINANCE
CREATING CHAPTER 10.25, ENTITLED
“DRUG PARAPHERNALIA CONTROL,”
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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 10.25 , entitled,
“Drug Paraphernalia Control,” to read as follows:
SECTION:
10.25.010: Definitions
10.25.020: Unlawful to Use or Possess Drug Paraphernalia
10.25.030: Unlawful to Deliver or Manufacture Drug Paraphernalia with Intent to
Deliver
10.25.040: Unlawful to Advertise Drug Paraphernalia
10.25.050: Public Nuisance Declared
10.25.060: Exemptions
10.25.070: Penalty
10.25.010: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
CANNABIS: Includes marijuana, hashish and other substances which are identified as
including any parts of the plant Cannabis Sativa, whether growing or not; the seeds
thereof, the resin extracted from any part of such plant; and any compound, manufacture,
salt, derivative, mixture or preparation of such plant, its seeds or resin, including
tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally
occurring or synthetically produced ingredients, whether produced directly or indirectly
by extraction, or independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis; but shall not include the mature stalks of such plant,
fiber produced from such stalks, oil or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture or preparation of such mature stalks
VOLUME LXXIII JUNE 25, 2008
463
(except therein extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant
which is incapable of germination.
CONTROLLED SUBSTANCES: A drug, substance or immediate precursor in the
schedules of article II of the "Illinois Controlled Substance Act." 720 Illinois Compiled
Statutes 570/100 et seq., as amended.
DELIVER or DELIVERY: The actual, constructive or attempted transfer of possession,
with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind other
than methamphetamine manufacturing materials as defined in section 10 of the
“Methamphetamine Control and Community Protection Act,” 720 ILCS 646/1 et seq. as
amended, which are used, or intended for use, in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a
controlled substance in violation of the "Cannabis Control Act," 720 Illinois Compiled
Statutes 550/1 et seq., as amended, or the "Illinois Controlled Substances Act," 720
Illinois Compiled Statutes 570/100 et seq., as amended or the “Methamphetamine
Control and Community Protection Act,” as amended. It includes but is not limited to:
(A) Kits used or intended for use in planting, propagating, cultivating, growing or
harvesting of any species of plant which is a controlled substance or cannabis or
from which a controlled substance or cannabis can be derived;
(B) Kits used or intended for use in manufacturing, compounding, converting,
producing, processing or preparing cannabis or controlled substances;
(C) Isomerization devices used or intended for use in increasing the potency of
any species of plant which is cannabis or a controlled substance;
(D) Testing equipment used or intended for use in identifying or in analyzing the
strength, effectiveness or purity of cannabis or controlled substances;
(E) Scales and balances used or intended for use in weighing or measuring
cannabis or controlled substances;
(F) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose used or intended for use in cutting cannabis or controlled
substances;
G) Separation gins and sifters used or intended for use in removing twigs and
seeds from, or in otherwise cleaning or refining cannabis;
JUNE 25, 2008 VOLUME LXXIII
464
(H) Blenders, bowls, containers, spoons and mixing devices used or intended for
use in compounding cannabis or controlled substances;
(I) Capsules, balloons, envelopes and other containers used, or intended for use, in
packaging small quantities of cannabis or controlled substances;
(J) Containers and other objects used, or intended for use in storing or concealing
cannabis or controlled substances;
(K) Hypodermic syringes, needles and other objects used, or intended for use, in
parenterally injecting cannabis or controlled substances into the human body;
(L) Objects used, or intended for use, in ingesting, inhaling or otherwise
introducing marijuana, cocaine, hashish, or hashish oil into the human body, such
as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or
without screens, permanent screens, hashish heads or punctured metal
bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips, meaning objects used to hold burning material such as
marijuana cigarette that has become too small or too short to be held in the
hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs;
13. Ice pipes or chillers;
VOLUME LXXIII JUNE 25, 2008
465
In determining whether an object is drug paraphernalia, a court should consider, in
addition to all other logically relevant factors, the following:
(A) Statements by an owner or by anyone in control of the object concerning its
use;
(B) Prior convictions, if any, of an owner or of anyone in control of the object,
under any State or Federal law relating to any controlled substance or cannabis;
(C) The proximity of the object in time and space to a direct violation of this
chapter;
(D) The proximity of the object to cannabis or controlled substances;
(E) The existence of any residue of cannabis or controlled substances on the
object;
(F) Direct or circumstantial evidence of the intent of an owner or anyone in
control of the object, to deliver it to persons whom he knows intend to use the
object to facilitate a violation of the "Cannabis Control Act," 720 Illinois
Compiled Statutes 550/1 et seq., as amended, or the "Illinois Controlled
Substances Act," 720 Illinois Compiled Statutes 570/100 et seq;, as amended, the
innocence of an owner or of anyone in control of the object as to a direct violation
of the "Cannabis Control Act," 720 Illinois Compiled Statutes 550/1 et seq., as
amended, or the "Illinois Controlled Substances Act,” 720 Illinois Compiled
Statutes 570/100 et seq., as amended, shall not prevent a finding that the object is
used or intended for use as drug paraphernalia.
(G) Instructions, oral or written, provided with the object concerning its use;
(H) Descriptive materials accompanying the object which explain or depict its
use;
(I) National and local advertising concerning its use;
(J) The manner in which the object is displayed for sale;
(K) Whether the owner or anyone in control of the object is a legitimate supplier
of like or related items to the community, such as a licensed distributor or dealer
of tobacco products;
(L) Direct or circumstantial evidence of the ratio of sales of the object(s) to the
total sales of the business enterprise;
(M) The existence and scope of legitimate uses for the object in the community;
JUNE 25, 2008 VOLUME LXXIII
466
(N) Expert testimony concerning its use.
MANUFACTURE: The production, preparation, propagation, compounding, conversion
or processing of cannabis or controlled substances, either directly or indirectly, by
extraction from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and includes any
packaging or repackaging of cannabis or controlled substances or labeling of its
container, except that this term does not include:
(A) By an ultimate user, the preparation or compounding of a controlled
substance for his own use; or
(B) By a practitioner, or his authorized agent under his supervision, the
preparation, compounding, packaging or labeling of a controlled substance;
1. As an incident to his administering or dispensing of a controlled
substance in the course of his professional practice; or
2. As an incident to lawful research, teaching or chemical analysis and not
for sale.
PERSON: Any individual, corporation, government or governmental subdivision or
agency, business trust, estate, trust, partnership or association, or any other entity.
PRODUCE or PRODUCTION: Planting, cultivating, tending or harvesting.
10.25.020: UNLAWFUL TO USE OR POSSESS DRUG PARAPHERNALIA:
A. It is unlawful for any person to use, or to possess with intent to use, drug
paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
cannabis or controlled substance in violation of the "Cannabis Control Act,” 720
Illinois Compiled Statutes 550/1 et seq., as amended, or the "Illinois Controlled
Substances Act" 720 Illinois Compiled Statutes 570/100 et seq., as amended. This
subsection A shall not apply to a person who is legally authorized to possess
hypodermic syringes or needles under the “Hypodermic Syringes and Needles
Act,” 720 Illinois Compiled Statutes 635/1 et seq., as amended.
B. In determining intent under subsection A, the trier of fact may take into
consideration the proximity of the cannabis or controlled substances to drug
paraphernalia or the presence of cannabis or a controlled substance on the drug
paraphernalia.
10.25.030: UNLAWFUL TO DELIVER OR MANUFACTURE DRUG
PARAPHERNALIA WITH INTENT TO DELIVER:
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467
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture
with intent to deliver, drug paraphernalia, knowing, or under circumstances where one
should reasonably know, that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
cannabis or a controlled substance in violation of the "Cannabis Control Act,” 720
Illinois Compiled Statutes 550/1 et seq., as amended, or the "Illinois Controlled
Substances Act," 720 Illinois Compiled Statutes 570/100 et seq., as amended. This
subsection A shall not apply to a person who is legally authorized to manufacture,
possess, keep for sale, offer for sale or sell hypodermic syringes or needles under the
“Hypodermic Syringes and Needles Act,” 720 Illinois Compiled Statutes 635/1 et seq., as
amended.
10.25.040: UNLAWFUL TO ADVERTISE DRUG PARAPHERNALIA:
It is unlawful for any person to place in any newspaper, magazine, handbill or other
publication any advertisement, knowing, or under circumstances where one should
reasonably know, that the purpose of the advertisement, in whole or in part, is to promote
the sale of objects used or intended for use as drug paraphernalia.
10.25.050: PUBLIC NUISANCE DECLARED:
Any store, place, or premises from which or in which any item of drug paraphernalia is
kept for sale, offered for sale, sold, manufactured, possessed with intent to deliver, or
delivered for any commercial consideration, is declared to be a public nuisance.
A. Whenever the city manager or the city manager’s designee reasonably believes
that any premises constitutes a public nuisance as described in this section, the
city manager or such designee may bring an action to abate the nuisance in a court
of competent jurisdiction or in the city's division of administrative hearings.
B. Upon being satisfied by affidavits or other sworn evidence that an alleged public
nuisance exists, the presiding authority may, without bond, enter a temporary
restraining order to enjoin any defendant from maintaining the nuisance and may,
without bond, enter a preliminary injunction restraining any defendant from
removing or interfering with any property used in connection with the public
nuisance.
C. If during the proceedings and hearings upon the merits the existence of the
nuisance is established, and it is established that the nuisance was maintained with
the intentional, knowing or reckless permission of the owner, or an agent of the
owner managing the premises, the court shall enter an order restraining all
persons from maintaining or permitting the nuisance and from using the premises
for a period of one year thereafter. However an owner, lessee, or other occupant
thereof may use the premises if the owner gives bond with sufficient security or
JUNE 25, 2008 VOLUME LXXIII
468
surety, in an amount between $5,000 and $10,000 approved by the court, payable
to the “City of Elgin.” The bond shall include a condition that no offense
specified in this chapter shall be committed at, in, or upon the property described,
and a condition that the principal obligor and surety assume responsibility for any
fine, costs, or damages incurred by any person resulting from such an offense.
10.25.060: EXEMPTIONS:
This chapter shall not apply to:
A. Items used in the preparation, compounding, packaging, labeling, or other use of
cannabis or a controlled substance as an incident to lawful research, teaching, or
chemical analysis and not for sale.
B. Items historically and customarily used in connection with, the planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of
tobacco or any other lawful substance.
Items exempt under this subsection include, but are not limited to, garden hoes,
rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
C. Items listed in section 10.25.010 of this chapter which are used for decorative
purposes, when such items have been rendered completely inoperable or
incapable of being used for any illicit purpose prohibited by this chapter.
D. A person who is legally authorized to possess hypodermic syringes or needles
under the “Hypodermic Syringes and Needles Act,” 720 Illinois Compiled
Statutes 635/1 et seq., as amended.
In determining whether or not a particular item is exempt under this subsection, the trier
of fact should consider, in addition to all other logically relevant factors, the following:
1. The general, usual, customary, and historical use to which the item involved
has been put;
2. Expert evidence concerning the ordinary or customary use of the item and the
effect of any peculiarity in the design or engineering of the device upon its
functioning;
3. Any written instructions accompanying the delivery of the item concerning the
purposes or uses to which the item can or may be put;
VOLUME LXXIII JUNE 25, 2008
469
4. Any oral instructions provided by the seller of the item at the time and place of
sale or commercial delivery;
5. Any national or local advertising concerning the design, purpose or use of the
item involved, and the entire context in which such advertising occurs;
6. The manner, place and circumstances in which the item was displayed for sale,
as well as any item or items displayed for sale or otherwise exhibited upon the
premises where the sale was made;
7. Whether the owner or anyone in control of the object is a legitimate supplier of
like or related items to the community, such as a licensed distributor or dealer of
tobacco products;
8. The existence and scope of legitimate uses for the object in the community.
10.25.070: PENALTY:
Violation of any section of this chapter shall, upon conviction, be punishable by a fine of
not less than one thousand dollars ($1,000.00).
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
JUNE 25, 2008 VOLUME LXXIII
470
Presented: June 25, 2008
Passed: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G42-08 PASSED AMENDING CHAPTER 2.40 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT"
Councilmember Gilliam made a motion, seconded by Councilmember Walters, 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. G42-08
AN ORDINANCE
AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "FIRE DEPARTMENT"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 2.40.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Establishment", be and is hereby further amended to read as follows:
"2.40.010 ESTABLISHMENT: There is established an executive department of
the city to be known as the fire department. The total authorized strength of the
fire department shall hereafter be one hundred thirty-three (133) members, of
which one (1) member shall be chief, no more than two (2) members shall hold
the rank of assistant fire chief, no more than three (3) members shall hold the rank
of battalion fire chief, no more than one (1) person shall hold the rank of fire
marshal, no more than seven (7) members shall hold the rank of captain, no more
than thirty-two (32) members shall hold the rank of lieutenant, and the balance of
said members shall be of firefighter rank."
Section 2. That all ordinance or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
VOLUME LXXIII JUNE 25, 2008
471
Section 3. 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 25, 2008
Passed: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G43-08 PASSED ESTABLISHING A PAY PLAN FOR CERTAIN PART
TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND
RECREATION DEPARTMENT
Councilmember Gilliam made a motion, seconded by Councilmember Walters, 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.G43-08
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 $7.75 $8.00 $8.25 $8.50 $8.75
P.T. Junior Leader (N) U101 $7.25 $7.50 $7.75 $8.00 $8.25
JUNE 25, 2008 VOLUME LXXIII
472
P.T. Attendant (N) 102 $7.75 $8.00 $8.25 $8.50 $8.75
U102 $7.25 $7.50 $7.75 $8.00 $8.25
P.T. Pool - WSI Guard (N) 103 $8.25 $8.50 $8.75 $9.00 $9.25
U103 $7.75 $8.00 $8.25 $8.50 $8.75
P.T. Babysitter (N) 104 $7.75 $8.25 $8.75 $9.25 $9.75
P.T. Desk Clerk (N) 105 $7.75 $8.50 $9.25 $10.00 $10.75
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)
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)
P.T. Banquet Rental Coordinator 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
VOLUME LXXIII JUNE 25, 2008
473
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
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.
Section 4. That this ordinance shall be in full force and effect as of July 1, 2008.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2008
Passed: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JUNE 25, 2008 VOLUME LXXIII
474
ORDINANCE G44-08 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
Councilmember Gilliam made a motion, seconded by Councilmember Walters, 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. G44-08
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 11.60.050O of the Elgin Municipal Code, 1976, as amended,
entitled “Stopping, Standing, Parking Prohibited” be and is hereby further amended by adding
the following:
“DuPage Street – South side – from Gifford Street to Chapel Street
Chapel Street – West Side – from East Chicago Street to the loading zone on the
southwest
corner of Chapel and DuPage Streets”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect ten days after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2008
Passed: June 25, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published: June 27, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII JUNE 25, 2008
475
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.
Heritage Commission Design Review Subcommittee Meeting Minutes for May 27, 2008
Parks and Recreation Advisory Board Meeting Minutes for April 29, 2008
Planning and Development Commission Meeting Minutes for May 5, 2008
Committee of the Whole Minutes for May 28, 2008
City Council Minutes for May 28, 2008
Disbursement Report
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Walters 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 8:00 p.m.
s/ Diane Robertson July 9, 2008
Diane Robertson, City Clerk Date Approved