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VOLUME LXXIV MAY 13, 2009
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 May 13, 2009, in
the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The
Invocation was given by Reverend Lois Bucher of First Congregational Church and the Pledge
of Allegiance was led by Councilmember Richard Dunne.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Absent: None.
MINUTES OF THE APRIL 29, 2009, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve the
April 29, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays:
None.
COMMUNICATIONS
Wing Park Golf Course in the National Register of Historical Places
Mayor Schock read the notification that the Wing Park Golf Course is now in the National
Register of Historical Places. The Mayor thanked David Buck for his efforts in securing this
designation. Mr. Buck accepted the plaque on behalf of the golf course.
RECOGNIZE PERSONS PRESENT
Pat Miller said that she was happy with the odd/even parking restrictions and thought they had
made a huge improvement to her neighborhood. She said there was better traffic circulation and
increased visibility on the streets.
Chad Nickels expressed his concerns about odd/even parking and said he had signatures on a
petition for the removal of the parking restrictions.
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354
Gary Bohlin expressed his concerns about CF zoning of the properties along the river and
showed pictures of city-owned property in that area that he felt had not been properly
maintained.
Lori Faith Gibson-Aiello said she was opposed to the closing of the petting zoo at Lords Park.
She wondered how it had been determined that there would be a $100,000 savings.
Kyle Bault discussed the handball tournament that had been held the previous weekend and
thanked Judson University staff and Elgin Community College staff who assisted with this event.
He also announced that the Bandits season would begin shortly.
Mike Surerus stated he was opposed to the closing of the Lords Park farm zoo. He would like to
see a system for donations and would like to have the free programs reinstated.
BID 09-021 AWARDED TO GOLD MEDAL CHICAGO AND FOX RIVER FOODS FOR
CONCESSION ITEMS FOR MULTIPLE CITY FACILITIES
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve an
agreement with Gold Medal Chicago in the amount of $18,000 and Fox River Foods in the
amount of $30,000 for the purchase of concession items for multiple city facilities.
Councilmember Steffen stated he would like to see healthier selections in the vending machines.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Nays: None.
CONTRACT AWARDED TO CDS OFFICE TECHNOLOGIES FOR THE PURCHASE
OF 45 MOBILE DATA COMPUTERS FOR THE POLICE AND FIRE DEPARTMENTS
THROUGH THE STATE OF ILLINOIS JOINT PURCHASING PROGRAM
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve a
contract with CDS Office Technologies in the amount of $256,296.75 for the purchase of 45
Mobile Data Computes for the Elgin Police and Fire Department along with a five year
installation and service agreement. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
VOLUME LXXIV MAY 13, 2009
355
PETITION 02-09 APPROVED REQUESTING THE REPEAL OF CONDITIONAL USE
FOR PLANNED DEVELOPMENT ORDINANCE NO. G92-06; AND REQUESTING A
CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RB RESIDENCE
BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY
DISTRICT, TO PERMIT THE CONSTRUCTION OF AN UNDERGROUND
DETENTION FACILITY FOR THE NEWLY CONSTRUCTED OFFICE BUILDING;
PROPERTY LOCATED AT 500 NORTH MCLEAN BOULEVARD, BY ESTHER
ZAMUDIO, AS APPLICANT, AND BY EZAM PROPERTIES, LLC, AS OWNER
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to remove
Petition 02-09 from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Community Development Director Jerry Deering stated that the Legal staff had reviewed the
settlement agreement between the two parties, that it was in conformance, and that it was
included in the next ordinance under consideration. He also noted that the Tyler Towers
Homeowners were now requesting that the underground detention facility be located ten feet
from the property line and that it be covered as soon as possible. He said this issue was not
incorporated into the ordinance.
Willard Widerberg, attorney for the homeowners association, stated that the association would
like to have the backfill put in place as soon as possible to protect the trees. Peter Bazos,
attorney for the petitioners, said his client was anxious to get this done and that they would move
quickly on this.
Councilmember Warren thanked the petitioner and the Tyler Tower residents for coming to an
agreement. Mr. Widerberg asked that an additional condition be added that conducive backfill
be put in place as soon as possible. Corporation Counsel William Cogley said that ―as soon as
possible‖ is vague and would be difficult to enforce. He said that they are required to plant
vegetation and that if it fails, that will be a code violation, and they will be required to replace it.
Councilmember Warren stated that he understood that the petitioner had already agreed to this.
Mr. Widerberg said he would like the condition included in the ordinance. Councilmember
Gilliam said that an ordinance cannot be enacted that cannot be enforced. Mr. Widerberg said
the green space issue was the only one left to decide on and that his clients would like it in the
ordinance. Councilmember Gilliam made a motion to close debate on the subject. Upon a roll
call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor
Schock. Nays: None.
Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to approve
Petition 02-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
MAY 13, 2009 VOLUME LXXIV
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ORDINANCE G33-09 PASSED AMENDING CONDITIONAL USE FOR A PLANNED
DEVELOPMENT ORDINANCE NO. 92-06 TO PERMIT THE CONSTRUCTION OF AN
OFFICE BUILDING WITH AN UNDERGROUND DETENTION FACILITY IN THE RB
RESIDENTIAL BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR
OVERLAY DISTRICT (428 AND 500 NORTH MCLEAN BOULEVARD)
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G33-09
AN ORDINANCE AMENDING
CONDITIONAL USE FOR A PLANNED DEVELOPMENT ORDINANCE NO. 92-06
TO PERMIT THE CONSTRUCTION OF AN OFFICE BUILDING WITH AN
UNDERGROUND DETENTION FACILITY IN THE
RB RESIDENTIAL BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(500 North McLean Boulevard)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the construction of an office building with an underground
detention facility within the RB Residential Business District and the ARC Arterial Road Corridor
Overlay District at 482 & 500 North McLean Boulevard; 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 March 18, 2009, 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 Ordinance No. 92-06 entitled ―An Ordinance Granting a Conditional Use
for a Planned Development to Permit the Construction of an Office Building in the RB Residential
Business District and the ARC Arterial Road Corridor Overlay District,‖ passed November 29,
2006, be and is hereby repealed
Section 3. That a conditional use for a planned development which will allow for the
construction of an office building with an underground detention facility within the RB Residential
VOLUME LXXIV MAY 13, 2009
357
Business District and the ARC Arterial Road Corridor Overlay District at 482 & 500 North McLean
Boulevard and legally described as follows:
That part of the South 496.5 feet of the East Half of the Southwest Quarter of Section 10,
Township 41 North, Range 8 East of the Third Principal Meridian, described as follows:
Beginning at a point in the West line of McLean Boulevard, 370 feet North of the South line
of the Southwest Quarter of said Section 10; thence West parallel with the South line of the
Southwest Quarter of said Section 10, a distance of 262 feet; thence North to a point in the
North line of the South 496.5 feet of the East Half of the Southwest Quarter of Said Section
10, which is 266.8 feet West of the West line of the McLean Boulevard; thence East along
the North line of the South 496.5 feet of the East Half of the Southwest Quarter of said
Section, 266.8 feet to the West line of McLean Boulevard; thence South along the West line
of McLean Boulevard, 126.5 feet to the Place of Beginning, in the City of Elgin, Kane
County, Illinois
That part of the East Half of the Southwest Quarter of Section 10, Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in
the West line of McLean Boulevard, 222.3 feet North of the South line of said Southwest
Quarter; thence West, parallel with the South line of said Quarter Section, a distance of
262.0 feet; thence Northwesterly along a line that forms a angle of 67 degrees 51 minutes 50
seconds to the right, with the prolongation of the last described line, a distance of 146.53
feet; thence East, parallel with the South line of said Quarter Section, a distance of 60.0 feet;
thence Northerly along a line that forms a angle of 90 degrees 24 minutes to the left, with
the prolongation of the last described line, a distance of 12.0 feet; thence East, parallel with
the South line of said Quarter Section, a distance of 262.0 feet to the West line of McLean
Boulevard; thence South along said West line of McLean Boulevard, a distance of 147.7
feet to the Place of beginning (except the Southerly 24 feet of even width thereof measured
along the Easterly border line), in the Township of Elgin, Kane County, Illinois (Property
Commonly Known as 482-500 North McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Peter Bazos on October 24, 2006.
2. Substantial conformance to the development plan for 482 & 500 North McLean
Boulevard prepared by Monarch Design & Construction, LLC, consisting of a
Conceptual Site Plan dated revised November 10, 2006, an Architectural Design
Concept Building Elevation Sheet dated October 6, 2006, and a Floor Plans Sheet
dated October 6, 2006.
3. Substantial conformance to the Preliminary Landscape Plan prepared by Walsh
Landscape Construction dated revised October 4, 2006, with the following
requirement added: In the required transition landscape yards along the north and
west lot lines of the subject property, the compact continuous hedge must consist
of shrubs that, aside from being installed at three and one half foot centers, must
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also be installed at a minimum four foot height and must be maintained at a
minimum eight foot height.
4. Substantial conformance to the proposed monument style graphic elevation
drawing prepared by Monarch Design & Construction, LLC, dated November 10,
2006. This graphic cannot exceed 40 square feet of surface area. Landscaping
around the monument graphic must meet the landscaping requirements of the
graphic ordinance; a proposed graphics landscape plan must be submitted to and
approved by the Community Development Group.
5. The refuse collection area must be enclosed with a fence or wall at a maximum
structural height of 6 feet.
Additional Conditions:
1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Mr. George Arsoniadis dated December 4, 2008, with attached letter from
Jeffrey T. Kline of V3 Companies of Illinois, dated November 17, 2008. Where
there is a conflict with the previously approved Statement of Purpose dated
October 24, 2006, and the Statement of Purpose dated December 4, 2008, the
Statement of Purpose dated December 4, 2008 shall supersede and control.
2. Substantial conformance to the Landscape Plan prepared by Walsh Landscape
Construction, Inc., dated July 10, 2006, with latest revisions dated February 6,
2009. Where there is a conflict with the previously approved Landscape Plan
dated October 4, 2006, and the latest revisions dated February 6, 2009, the latest
revisions dated February 6, 2009 shall supersede and control. Such landscape
plan shall be further revised to provide for the additional green space area as
noted in the following condition hereof.
3. Substantial conformance to the Geometric and Paving Plan, Sheet C2, and
Drainage and Utility Plan, Sheet C3, prepared by Applied Engineering Services,
Ltd., dated October 20, 2008, revised January 19, 2009, as further revised by the
Site Plan consisting of one sheet entitled ―Settlement Proposal‖ prepared by
Applied Engineering Services, Ltd., dated April 28, 2009, a copy of which is
attached hereto and made a part hereof as Exhibit B (―Settlement Proposal Site
Plan‖). For the purposes of clarification this condition and the approved plans
shall provide and allow for 99 parking spaces on the Subject Property.
Additionally, the cross-hatched area on the attached Settlement Proposal Site Plan
shall be established, maintained and remain as ―green space‖ and shall be planted
and maintained with grass or other landscaping as the owner may select.
4. Substantial conformance to the drawing entitled Proposed Trash Enclosure, dated
received January 27, 2009, and as revised by the Settlement Proposal Site Plan
attached hereto as Exhibit 1 whereby the trash enclosure is being reduced in size
from double width to single width. The trash enclosure shall comply with all
VOLUME LXXIV MAY 13, 2009
359
applicable requirements of law including, but not limited to, any fireproofing
requirements.
5. ―Food Stores‖ (54) shall be and are hereby removed as a permitted use in this
planned development district and shall be deemed, considered and authorized
only as a conditional use.
6. The current usable square footage of the building on the Subject Property,
(exclusive of common areas) is 17,955 square feet. The number of required off-
street parking spaces for the Subject Property for a use as ―offices for doctors‖
shall be 5.5 parking spaces for each 1,000 square feet of such portion of the
building on the Subject Property so used. If the entire building on the Subject
Property is so used for ―doctors offices‖, 99 off-street parking spaces shall be
required.
7. Compliance with all other applicable codes and ordinances.
Section 4. That the conditional use granted herein shall expire if not established within two
years from the date of passage of this ordinance.
Section 5. 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: May 13, 2009
Passed: May 13, 2009
Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
MAY 13, 2009 VOLUME LXXIV
360
ORDINANCE G34-09 PASSED AMENDING A PAB PLANNED AREA BUSINESS
DISTRICT FOR CERTAIN TERRITORY (MULTIPLE TENANT COMMERCIAL
BUILDINGS IN RANDALL COMMONS SUBDIVISION, 900 SOUTH RANDALL
ROAD)
Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne.
Ordinance No. G34-09
AN ORDINANCE
AMENDING A PAB PLANNED AREA BUSINESS DISTRICT
FOR CERTAIN TERRITORY
(Multiple Tenant Commercial Buildings in Randall Commons Subdivision
900 South Randall Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
classified in the PAB Planned Area Business District (Ordinance No. G31-08); and
WHEREAS, written application has been made to permit the construction of multiple
tenant commercial buildings store in the PAB Planned Area Business District and in the ARC
Arterial Road Corridor Overlay District; and
WHEREAS, the development of certain property in the Randall Commons Subdivision
was approved with the passage of Ordinance No. G31-08; and
WHEREAS, Ordinance No. G31-08 requires that prior to any other or further
development in the Randall Commons Subdivision, the owner of the Subject Property to be
developed shall be required to submit a development plan to the city for a public hearing and
City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of
the Elgin Municipal Code, 1976, as amended; 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 th e 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 the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated March 16, 2009, made by the Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
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Section 2. That a development plan in the PAB Planned Area Business District, which
will permit the construction of multiple tenant commercial buildings at 900 South Randall Road,
and legally described as follows:
That part of the West half of the Northwest Quarter of Section 28, Township 41
North, Range 8 East of the Third Principal Meridian, Described As Follows:
Commencing at the Southeast corner of the West half of said Northwest Quarter;
thence Westerly, along the South line of the West half of said Northwest Quarter, a
distance of 412.50 feet thence Northerly, parallel with East line of the West half of
said Northwest Quarter, a distance of 317.47 feet for the place of beginning; thence
Easterly, along a line that forms an angle of 90 degrees 41 minutes to the right with
the prolongation of the last described course, a distance of 412.53 feet to the East
line of the West half of said Northwest quarter; thence Northerly, along said East
line, a distance of 931.80 feet to the Southerly line of the Northerly 1423.15 feet of
the Easterly 412.50 feet of the West half of the Northwest quarter of Section 28,
aforesaid; thence Westerly, along said Southerly line, a distance of 412.50 feet to the
Westerly line of said Easterly 412.50 feet; thence Southerly, along said Westerly
line, a distance of 928.58 feet to the place of beginning, excepting there from the
Southerly 210.36 feet (as measured along the east and west lines thereof), and
excepting that part thereof taken for Randall Road, all in Elgin Township, Kane
County, Illinois (Property commonly known as 900 South Randall Road).
Be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Development Plans, prepared by W. Lloyd Christoph &
Associates, Ltd., dated February 10, 2009, last revised dated March 31, 2009, comprising
of the following drawings:
T-1 Title Sheet and Location Map
AS-1 Site Plan / Phasing Plan
A-1 Randall Commons North Elevation
A-2 Randall Commons North Floor Plan, Monument Sign & Trash Enclosure
A-3 Randall Commons South Elevations & Floor Plan
A-4 Randall Commons South – East & North Elevations
A-5 Randall Commons South – West &South Elevations
A-6 Randall Commons South – Floor Plan
2. Prior to the issuance of a Certificate of Occupancy for Phase 1 of the Randall Commons
South commercial building, the main east-west access drive-aisle off of Randall Road
shall be constructed, including that portion of the access drive-aisle on Lot 3 as well as
the paved ―T‖ turnaround on Lot 3.
3. Substantial conformance with the Photometric Plan (Sheet E-1), prepared by Hubbell
Lighting, Inc., revised by W. Lloyd Christoph & Associates, Ltd., dated April 10, 2009.
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4. Substantial conformance to the Landscape Plan (Sheet LS-1), prepared by EverGreen,
Landscape Associates, LLC, Inc., revised by W. Lloyd Christoph & Associates, Ltd.,
dated April 10, 2009.
5. Prior to the issuance of a Certificate of Occupancy for Phase 1 of the Randall Commons
South commercial building, the area identified as Phase 2 of the Randall Commons South
on the landscape plan, prepared by EverGreen, Landscape Associates, LLC, Inc., revised
by W. Lloyd Christoph & Associates, Ltd., dated April 10, 2009, shall be graded and
seeded.
6. All proposed freestanding signs and wall signs shall conform to the Zoning Ordinance,
Chapter 19.50 Street Graphics.
7. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G31-08.
Section 4. That the development plan granted herein shall expire if not established within
two years from the date of passage of this ordinance.
Section 5. 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: May 13, 2009
Passed: May 13, 2009
Vote: Yeas: 6 Nays: 1
Recorded: May 14, 2009
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
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363
ORDINANCE G14-09 PASSED AMENDING TITLE 10 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, TO PROHIBIT CERTAIN PUBLIC NUISANCE-
RELATED ACTIVITIES
Councilmember Steffen made a motion, seconded by Councilmember Prigge, to remove
Ordinance G14-09 from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Councilmember Prigge made a motion, seconded by Councilmember Steffen, to amend Section 4
of the following ordinance to include the following products to the list of ―Prohibited Beer and
Malt Products‖ and make it applicable to single serving containers only: Country Club Malt
Liquor, Crazy Horse Malt Liquor, King Cobra Malt Liquor, Magnum Malt Liquor, Olde English
HG 800 Malt Liquor, and Schlitz Malt Liquor. Mr. Cogley suggested that Section 4 have an
effective date of June 15, 2009. Councilmember Prigge amended his motion to include the
effective date of June 15, 2009. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Councilmember Dunne asked why this was not done on alcohol weight or percentage. Mr.
Cogley said it is difficult to enforce because not all products publish their alcohol percentage.
Councilmember Steffen commended this effort and asked that it continue to be monitored in case
this ordinance is not tough enough to deal with the reported problems. Staff was requested to
report in the fall.
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to pass the
following ordinance as amended. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G14-09
AN ORDINANCE
AMENDING TITLE 10 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
TO PROHIBIT CERTAIN PUBLIC NUISANCE-RELATED ACTIVITIES
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, enti tled ―Public
Peace, Morals and Welfare,‖ be and is hereby amended by creating Chapter 10.33, entitled,
―Public Intoxication,‖ to read as follows:
SECTION:
10.33.010: Public Intoxication
10.33.020: Penalty for Violation
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10.33.010: PUBLIC INTOXICATION:
It shall be unlawful for any person in an intoxicated condition to engage in any behavior
which causes a disturbance of the peace, including but not limited to, making or creating
loud noises so as to cause a disturbance of the peace, acting in an unruly or generally
threatening manner in the presence of any person including a police officer, refusing to
follow the instructions of a police officer, or otherwise disturbs the peace in any public
place, highway or alley. For the purposes of this section, ―intoxicated condition‖ shall
mean a diminished ability to act with full mental and physical capabilities because of
alcohol or drug consumption.
10.33.020: PENALTY FOR VIOLATION:
A. First Offense. Any person found guilty of violating any provision of this chapter
shall be fined not less one hundred dollars ($100.00) for the first offense.
B. Second Offense. Any person found guilty of violating any provision of this
chapter for the second time within any one-year period shall be fined not less than
two hundred fifty dollars ($250.00).
C. Third and Subsequent Offense. Any person found guilty of violating any
provision of this chapter for the third time, or any subsequent time thereafter,
within any one-year period shall be fined not less than five hundred dollars
($500.00).
Section 2. 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 10.34, entitled,
―Panhandling,‖ to read as follows:
SECTION:
10.34.010: Panhandling
10.34.020: Penalty for Violation
10.34.010: PANHANDLING:
A. Definitions. As used in this chapter, unless the context otherwise requires:
"Panhandling" is any solicitation made in person, requesting an immediate donation of
money or other thing of value. The purchase of an item for an amount far exceeding its
value, under circumstances where a reasonable person would understand that the
purchase is, in substance, a donation, is a donation for the purpose of this section. Except
as specifically provided in this section, panhandling does not include passively standing
or sitting with a sign or other indication that one is seeking donations, without addressing
any solicitation to any specific person other than in response to an inquiry by that person.
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―Center City Business District‖ is that area bounded by the north side of Kimball Street
on the north, the east side of Dundee Avenue and the east side of Villa Street on the east,
the south side of National Street on the south and the west side of State Street on the
west, including, in all instances, all adjacent properties on both sides of each boundary
street.
B. Place of Panhandling—Violation. It shall be unlawful for any person to panhandle,
including passively standing or sitting with a sign or other indication that one is seeking
donations, when the person solicited is in any of the following places within the City
limits of Elgin, Illinois:
1. At any bus or train stop;
2. In any public transportation vehicle or facility;
3. In any vehicle on the street;
4. In a public park, fairground, or sporting facility, including entry ways or exits thereto;
5. Within 15 feet of the site of any automated teller machine (ATM);
6. On private property, unless the panhandler has permission from the owner or occupant;
7. In a parking lot or garage owned or operated by the City of Elgin, including entryways
or exits and pay stations connected therewith; or
8. On public property in the Center City Business District.
C. Manner of Panhandling—Violation. It shall be unlawful for any person to panhandle in
any of the following manners:
1. By blocking the path of the person solicited;
2. By using profane or abusive language, either during the solicitation or following a
refusal;
3. By panhandling in a group of two or more persons; or
4. By any statement, gesture, or other communication which a reasonable person in the
situation of the person solicited would perceive to be a threat.
D. False or Misleading Solicitation—Violation.
1. It shall be unlawful for any person to knowingly make any false or misleading
representation in the course of soliciting a donation. False or misleading representations
include, but are not limited to, the following:
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a. Stating that the donation is needed to meet a specific need, when the solicitor
already has sufficient funds to meet that need and does not disclose that fact;
b. Stating that the donation is needed to meet a need which does not exist;
c. Stating that the solicitor is from out of town and stranded, when such is not
true;
d. Wearing a military uniform or other indication of military service, when the
solicitor is neither a present nor former member of the service indicated;
e. Wearing or displaying an indication of physical disability, when the solicitor
does not suffer the disability indicated;
f. Use of any makeup or device to simulate any deformity; or
g. Stating that the solicitor is homeless, when he or she is not.
2. It shall be unlawful for any person to solicit a donation stating that the funds are
needed for a specific purpose and then spend the funds received for a different purpose.
10.34.020: PENALTY FOR VIOLATION:
A. First Offense. Any person found guilty of violating any provision of this chapter shall be
fined not less than one hundred dollars ($100.00) for the first offense.
B. Second Offense. Any person found guilty of violating any provision of this chapter for
the second time within any one-year period shall be fined not less than two hundred fifty
dollars ($250.00).
C. Third and Subsequent Offense. Any person found guilty of violating any provision of this
chapter for the third time, or any subsequent time thereafter, within any one-year period
shall be fined not less than five hundred dollars ($500.00).
Section 3. 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 10.35, entitled,
―Sitting/Lying on Sidewalks in the in the Center Business District Prohibited,‖ to read as
follows:
SECTION:
10.35.010: Definitions
10.35.020: Prohibition
10.35.030: Affirmative Defenses
10.35.040: Penalty for Violation
VOLUME LXXIV MAY 13, 2009
367
10.35.010: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
―Center City Business District‖ is that area bounded by the north side of Kimball Street
on the north, the east side of Dundee Avenue and the east side of Villa Street on the east,
the south side of National Street on the south and the west side of State Street on the west
including, in all instances, all adjacent properties on both sides of each boundary street.
―Sidewalk‖ means an improved walkway intended primarily for pedestrians, usually
running parallel to one or both sides of the pavement of a street and public transit waiting
areas located within the public right-of-way.
10.35.020: PROHIBITION:
It is unlawful for any person, after having been notified by a law enforcement officer of
the prohibition in this section, to sit or lie down upon a public sidewalk or upon a blanket,
chair, stool, or any other object placed upon a public sidewalk, in the Center City
Business District.
10.35.030: AFFIRMATIVE DEFENSES:
It is an affirmative defense to the prohibition in this section if it is shown that:
A. Sitting or lying down on a public sidewalk is due to a medical emergency; or
B. As a result of age, infirmity or disability a person utilizes a wheelchair, walker,
stroller, or similar device to move about a public sidewalk; or
C. The person is operating or patronizing a commercial establishment conducted on
the public sidewalk pursuant to a street use or similar permit: or a person
participating in or attending a parade, festival, performance, rally, demonstration,
meeting or similar event conducted on a public sidewalk pursuant to a street use
or other applicable permit; or
D. The person is sitting on a chair or bench located on the public sidewalk which is
supplied by a public or private agency or by the abutting private property owner;
or
E. The sitting or lying is while waiting in an orderly line for entry to any building,
including shelters, or awaiting social services such as provision of meals; or
outside a box office to purchase tickets to any sporting event, concert,
performance, or other special event; or
MAY 13, 2009 VOLUME LXXIV
368
F. The sitting or lying is an integral part of a planned, publicized protest by ten (10)
or more people accompanied by incidents of speech such as signs and literature
explaining the protest, for which proper city permits have been obtained.
10.35.040: PENALTY FOR VIOLATION:
A. First Offense. Any person found guilty of violating any provision of this chapter
shall be fined not less than one hundred dollars ($100.00) for the first offense.
B. Second Offense. Any person found guilty of violating any provision of this
chapter for the second time within any one-year period shall be fined not less than
two hundred fifty dollars ($250.00).
C. Third and Subsequent Offense. Any person found guilty of violating any
provision of this chapter for the third time, or any subsequent time thereafter,
within any one-year period shall be fined not less than five hundred dollars
($500.00).
Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
―Alcoholic Liquor Dealers,‖ be and is hereby amended by amending Section 6.06.140, entitled,
―Offenses by Licensee,‖ to add new subparagraphs K and L to read as follows:
No licensee under the provisions of this chapter shall either individually or through his
agents or employees do any of the following:
K. Permit the sale of all flavors and alcohol content by the single container of the
following named low cost/high alcohol content beer and malt products
enumerated below:
Prohibited Beer and Malt Products:
1. Bull Ice
2. Busch Ice
3. Colt 45 Ice
4. Colt 45 Malt Liquor
5. Hurricane Ice Malt Liquor
6. Keystone Ice
7. Lucky Ice Ale Premium
8. Mickey’s Iced Brewed Ale
9. Mickey’s Malt Liquor
10. Miller High Life Ice
11. Milwaukee Best Ice
12. Milwaukee Best Premium Ice Beer
13. Natural Ice
14. Old Milwaukee Ice
15. Olde English 800
16. Pabst Ice
VOLUME LXXIV MAY 13, 2009
369
17. Rainier Ale
18. Red Bull Malt Liquor
19. Red Dog
20. Schmidt’s Ice
21. Special 800 Reserve
22. St. Ide’s Liquor and Special Brews
23. Steel Reserve
24. Country Club Malt Liquor
25. Crazy Horse Malt Liquor
26. King Cobra Malt Liquor
27. Magnum Malt Liquor
28. Old English HG 800 Malt Liquor
29. Schlitz Malt Liquor
L. Permit the sale of all flavors and alcohol content by the single container of the
following named low cost/high alcohol content wine products enumerated below:
Prohibited Wine Products:
1. Cisco
2. Gino’s Premium Blend
3. MD 20/20
4. Night Train Express
5. Richard’s Wild Irish Rose
6. Thunderbird
Section 5. 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 o f 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 th e 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 6. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 7. That Sections 1, 2, 3, 5, 6 and 7 of this ordinance shall be in full force and
effect upon its passage and publication in the manner provided by law. That Section 4 of this
ordinance shall be in full force and effect from and after June 15, 2009.
s/ Ed Schock
Ed Schock, Mayor
MAY 13, 2009 VOLUME LXXIV
370
Presented: May 13, 2009
Passed: May 13, 2009
Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009
Published: May 15, 2009
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-121 ADOPTED REQUESTING PERMIT FROM THE ILLINOIS
DEPARTMENT OF TRANSPORTATION TO CLOSE PORTIONS OF STATE ROUTES
19, 25, 31 AND 58
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-121
RESOLUTION
REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION
TO CLOSE PORTIONS OF STATE ROUTES 19, 25, 31 AND 58
FOR THE ELGIN VALLEY FOX TROT
WHEREAS, the City of Elgin has applied for and received permission from this Council
to stage the "Elgin Valley Fox Trot", a ten (10) mile marathon race within the city limits of Elgin
on Monday, May 25, 2009, from 8:00 a.m. until 10:00 a.m., conditioned upon securing
permission from the Illinois Department of Transportation to close portions of State Routes 19,
25, 31 (turn lanes) and Route 58 and detour traffic for such purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission
as hereinbefore specified; and
BE IT FURTHER RESOLVED that the City assume full responsibility during the time
the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the
state routes. It is further agreed that an efficient, all weather detour will be maintained and
conspicuously marked for the benefit of traffic deviated from the state routes.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIV MAY 13, 2009
371
Presented: May 13, 2009
Adopted: May 13, 2009
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-122 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH AMERICAN RAMP COMPANY FOR THE PURCHASE OF SKATE PARK
EQUIPMENT FOR PRAIRIE PARK
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-122
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
AMERICAN RAMP COMPANY
FOR THE PURCHASE OF SKATE PARK EQUIPMENT FOR PRAIRIE PARK
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, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with American
Ramp Company for the purchase of skate park equipment for Prairie Park, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
MAY 13, 2009 VOLUME LXXIV
372
Presented: May 13, 2009
Adopted: May 13, 2009
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
PAYEE AMOUNT REASON
Martam Construction
Elgin, IL
$10,086.59 Emergency Water Main Repair (see
attached memo)
AT&T
Aurora, IL
$13,299.76 ETSB Telephone services for March
and April
North East Multi Regional Training
North Aurora, IL
$13,770.00 Police Officer Training for 7/1/09 to
7/1/2010
CONSENT AGENDA
By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember
Kaptain, to pass Ordinance Nos. G28-09 through G32-09 and adopt Resolution Nos. 09-112
through 09-120 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
RESOLUTION 09-112 ADOPTED RATIFYING EXECUTION AND ACCEPTANCE OF
A PLAT OF EASEMENT FOR WATERMAIN AND UTILITIES FROM SHERMAN
HEALTH SYSTEMS (1425 NORTH RANDALL ROAD)
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
VOLUME LXXIV MAY 13, 2009
373
Resolution No. 09-112
RESOLUTION
RATIFYING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
FOR WATERMAIN AND UTILITIES FROM SHERMAN HEALTH SYSTEMS
(1425 North Randall Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a plat of easement for watermain and utilities
from Sherman Health Systems by Ed Schock, Mayor, and Diane Robertson, City Clerk,
regarding the new Sherman Hospital at 1425 North Randall Road, a copy of which is attached
hereto and made a part hereof by reference.
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: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-113 ADOPTED AGREEING TO INDEMNIFY THE STATE OF
ILLINOIS FOR PHOTO ENFORCEMENT EQUIPMENT ATTACHED TO IDOT
FACILITIES
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-113
RESOLUTION
AGREEING TO INDEMNIFY THE STATE OF ILLINOIS FOR PHOTO
ENFORCEMENT EQUIPMENT ATTACHED TO IDOT FACILITIES
WHEREAS, the City of Elgin (City) is desirous of constructing certain facilities attached
MAY 13, 2009 VOLUME LXXIV
374
to Illinois Department of Transportation facilities (―IDOT‖); and
WHEREAS, the Illinois Department of Transportation has determined that the
attachment of photo enforcement equipment to its facilities may be permitted and is in the
interest of increasing the safety of the motoring public; and
WHEREAS, pursuant to Safety Engineering Policy Memorandum 2-07, IDOT will issue
a permit for the attachment of photo enforcement equipment to IDOT facilities provided that
IDOT has obtained a resolution from the City agreeing to indemnify the State of Illinois; and
WHEREAS, the City deems it in the interest best of the City to adopt such a resolution to
facilitate safety of the motoring public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
ELGIN, ILLINOIS:
The City Council of the City of Elgin agrees to indemnify and hold harmless the State of
Illinois for any claims that may be made against the State of Illinois, its employees, agents and
the Illinois Department of Transportation as a result of attachment and operation of photo
enforcement equipment to IDOT facilities.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-114 ADOPTED PERMITTING THE ATTACHMENT OF PHOTO
ENFORCEMENT EQUIPMENT TO KANE COUNTY HIGHWAY FACILITIES
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
VOLUME LXXIV MAY 13, 2009
375
Resolution No. 09-114
RESOLUTION
PERMITTING THE ATTACHMENT OF PHOTO ENFORCEMENT
EQUIPMENT TO KANE COUNTY HIGHWAY FACILITIES
WHEREAS, the City of Elgin (City) desires to construct on and attach to certain County
Highway(s) and appurtenances belonging thereto under the exclusive jurisdiction of the County
of Kane (County Facilities) red light photo enforcement equipment (Enforcement Equipment) at
highway intersections located in the City having County Facilities; and
WHEREAS, the County has determined that the attachment of Enforcement Equipment
to the County Facilities shall enhance the safety of the motoring public; and
WHEREAS, pursuant to the County’s Policy of Red Light Running (RLR) Camera
Enforcement Systems, the County shall allow the construction and attachment of the
Enforcement Equipment to County Facilities only upon the City: (i) making application for, and
the County issuing, a duly authorized permit for the attachment of the Enforcement Equipment to
the County Facilities (Permit), and (ii) providing to the County this duly authorized, approved
and executed resolution from the City agreeing to fully abide by the terms and conditions of the
Permit which shall require, among other things, the City to defend, indemnify and hold harmless
the County of Kane for claims arising from or as a result of the design, construction, installation,
operation and maintenance of the Enforcement Equipment and enforcement or collection activity
relating thereto among other things; and
WHEREAS, the City deems it to be in its best interest to adopt this resolution to facilitate
the safety of the motoring public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
ELGIN, ILLINOIS:
That the City agrees to fully abide and be bound by all terms and conditions of the Permit
which shall require among other things that the City shall indemnify, defend and hold harmless
the County of Kane for any and all claims from or against the County of Kane including
attorney’s fees and costs incurred by the County of Kane arising as a result of the design,
construction, installation, operation and maintenance, operation of the Enforcement Equipment
to County Facilities and the enforcement or collection activity relating thereto; and
That the City hereby authorizes the City Manager to sign the County’s Permit application
for the Enforcement Equipment Systems
s/ Ed Schock
Ed Schock, Mayor
MAY 13, 2009 VOLUME LXXIV
376
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-115 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT FOR STORMWATER AND DETENTION BASIN PURPOSES FROM
COPPER SPRINGS DUPLEX HOMEOWNERS ASSOCIATION
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-115
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR STORMWATER AND DETENTION BASIN PURPOSES FROM COPPER SPRINGS
DUPLEX HOMEOWNERS ASSOCIATION
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 are hereby authorized and
directed to execute an easement agreement for stormwater and detention basin purposes from
Copper Springs Duplex Homeowners Association, 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 easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIV MAY 13, 2009
377
RESOLUTION 09-116 ADOPTED AUTHORIZING EXECUTION OF A LICENSE
AGREEMENT WITH MAD MAGGIES, INC.
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-116
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH
MAD MAGGIES, INC.
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 license agreement on behalf of the City of Elgin with Mad Maggies, Inc. to
permit outside seating at licensee’s premises at 51 S. Grove Avenue, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-117 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH NITELITE PROMOTIONS FOR PROMOTION AND MARKETING SERVICES
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
MAY 13, 2009 VOLUME LXXIV
378
Resolution No. 09-117
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
NITELITE PROMOTIONS FOR PROMOTION AND MARKETING SERVICES
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 Nitelite
Promotions for promotion and marketing services, a copy of which is attached hereto and made a
part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-118 ADOPTED AUTHORIZING EXECUTION OF A FIRST
AMENDMENT AGREEMENT WITH HNTB CORPORATION FOR THE 2009 BRIDGE
INSPECTION PROGRAM
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-118
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT
WITH HNTB CORPORATION
FOR THE 2009 BRIDGE INSPECTION 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 a first amendment agreement on behalf of the City of Elgin
with HNTB Corporation for the 2009 bridge inspection program, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIV MAY 13, 2009
379
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 09-119 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
NO. 2 TO AN AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE,
INC. FOR THE 2006 COMBINED SEWER SEPARATION PROJECT
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-119
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH
REZEK, HENRY, MEISENHEIMER AND GENDE, INC.
FOR THE 2006 COMBINED SEWER SEPARATON 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 Amendment No. 2 to an agreement on behalf of the City of
Elgin with Rezek, Henry, Meisenheimer and Gende, Inc. for the 2006 Combined Sewer
Separation Project, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
MAY 13, 2009 VOLUME LXXIV
380
RESOLUTION 09-120 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
FOR POLICE SERVICES WITH ELGIN COMMUNITY COLLEGE
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 09-120
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES
WITH ELGIN COMMUNITY COLLEGE
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 an Agreement for Police Services on behalf of the City of Elgin with Elgin
Community College, District No. 509, Counties of Kane, Cook, DuPage, McHenry, and DeKalb,
State of Illinois for police services for the period July 1, 2009 through June 30, 20012, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G28-09 PASSED AMENDING CHAPTER 6.66 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “TAXICABS”
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
VOLUME LXXIV MAY 13, 2009
381
Ordinance No. G28-09
AN ORDINANCE
AMENDING CHAPTER 6.66 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED ―TAXICABS‖
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.020, entitled, ―Owners’ and
Operators’ Licenses Required,‖ to read as follows:
A. Taxicab Owner's Licenses Sticker: No person shall use or occupy any street, alley
or other public place in the city for the purpose of conducting a business for the
transportation of persons for hire in taxicabs unless he shall have first obtained an
annual taxicab owner’s license sticker for each such taxicab, as provided and
required in this section.
1. A taxicab owner’s license sticker shall be issued annually by the fiscal services
manager upon the approval of an application filed in accordance with this chapter
and upon payment of the annual fee. All taxicab owner’s license stickers shall
expire on November 30, next after date of issue.
2. The annual license fee for each taxicab owner’s license sticker shall be fifty
dollars ($50.00), provided the application for any such license sticker is filed
between November 1st and November 30th, inclusive.
3. The annual license fee for each taxicab owner’s license sticker shall be seventy-
five dollars ($75.00) when the application for any such license sticker is filed on
any date not within the month of November.
B. Taxicab Driver's License: No person shall operate or drive a taxicab in the city
unless such taxicab has been issued a city taxicab owner's license sticker as herein
required; and such person has first obtained an appropriate license to transport
persons for compensation from the state; a certification of inspection as required
by this chapter; and bond as required by this chapter, and registered such license,
certification and bond with the finance department, and obtained a city taxicab
driver’s license. Such driver’s license shall be issued annually by the fiscal
services manager, upon payment of an annual registration fee of thirty dollars
($30.00). All taxicab driver’s licenses shall expire on November 30, next after
date of issue.
Section 2. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.050, entitled, ―Information To
Be Posted,‖ to add new subsection D to read as follows:
MAY 13, 2009 VOLUME LXXIV
382
D. Each taxicab must post, in a plainly visible location, a sign designating the city
telephone number that a taxicab passenger may call to register a complaint
regarding the conduct of the taxicab driver, the condition of the taxicab, the
taximeter, or any other matter relating to the taxicab driver or the taxicab.
Section 3. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.060, entitled, ―Evidence of
License Payment To Be Displayed,‖ to read as follows:
There shall be displayed upon each taxicab licensed under this chapter such evidence of
payment of the taxicab owner’s license sticker fee as may be furnished by the finance
department upon payment of the annual taxicab owner's license sticker fee. The taxicab
owner's license sticker shall not be transferable, provided however, in the event of a
substitution of vehicles at any time during the license period, upon application to the
fiscal services department, evidence of registration of the substituted vehicle will be
furnished upon the payment of a fee of ten dollars ($10.00) for each such substitution.
Section 4. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.110, entitled, ―Safety
Regulations,‖ to read as follows:
A. No person shall operate or permit a taxicab owned by him to be operated unless
such taxicab is in safe condition for the transportation of passengers, is well
painted and in good mechanical condition. The chief of police may require
reasonable evidence of good mechanical condition at any time. Operators shall
permit reasonable inspections of taxis by city employees to ensure compliance
with the provisions of this chapter as may be required by the chief of police or
equivalent testing certification as may be permitted by the chief of police.
B. In the event a taxicab is involved in an accident with a pedestrian in which the
pedestrian suffers any bodily injury, the driver of such taxicab shall submit to a
chemical test or tests of blood, breath or urine for the purpose of determining the
content of alcohol, other drug or drugs, or intoxicating compound or compounds
or any combination thereof in the taxicab driver’s blood at the direction of the law
enforcement officer responding to said collision.
C. If the taxicab driver refuses testing or submits to a test that discloses an alcohol
concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating
compound in the person's breath, blood, or urine resulting from the unlawful use
or consumption of cannabis listed in the Illinois Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Illinois Use of Intoxicating Compounds Act,
VOLUME LXXIV MAY 13, 2009
383
or methamphetamine as listed in the Illinois Methamphetamine Control and
Community Protection Act, the law enforcement officer shall immediately submit
a sworn report to the chief of police certifying that the test or tests was or were
requested under subparagraph B of this section and the taxicab driver refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more.
Section 5. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.120, entitled, ―Sanitation,‖ to
read as follows:
While in operation, every taxicab shall be kept in a neat, clean condition and the interior
shall be clean and free of foreign material or substance; the windows shall be clear, free
from cracks, and shall be kept clean; the upholstering shall be free of dirt or other foreign
substance likely to soil clothing and it shall be free of cracks, holes, tears, or loss of
padding. Vehicle exteriors shall be free of excessive rust, excessive paint damage, and
excessive dents or scrapes or other body damage. The chief of police may require
reasonable evidence of good mechanical condition at any time. Operators shall permit
reasonable inspections of taxicabs by city employees to ensure compliance with the
provisions of this chapter as may be required by the chief of police.
Section 6. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.150, entitled, ―Inspection,‖ to
read as follows:
A. Not more than thirty (30) days prior to the date of filing an application for a
taxicab owner’s license sticker pursuant to section 6.66.020 of this title, each
taxicab for which a taxicab owner’s license sticker is sought shall obtain written
certification from a city-approved vehicle inspection station affirming that the
taxicab is being maintained in a safe operating condition and that the taximeter for
such taxicab has been determined to be accurate and in proper working order.
B. The approved taxicab inspection certification from an authorized vehicle
inspection station shall be provided to the police department’s traffic
investigations unit in conjunction with the filing of each application for a taxicab
owner’s license sticker.
C. A list of city-approved vehicle inspection stations shall be provided to each
applicant for a taxicab license by the police department’s traffic investigations
unit.
MAY 13, 2009 VOLUME LXXIV
384
D. When a taxicab has been inspected and approved for operation as public
passenger vehicle by an Illinois police department other than the city’s, the
applicant may provide the city police department’s traffic investigations unit with
written proof such approval in conjunction with the filing of each application for a
taxicab owner’s license sticker. The chief of police may accept such written
approval from an Illinois police department other than the city’s lieu of the
vehicle inspection required under subparagraph A of this section provided any
such written approval was issued not more than sixty (60) days preceding the
filing of the application for a taxicab owner’s license sticker.
E. Taximeters may be periodically inspected by the police department’s traffic
investigations unit during the licensing year. Such inspections shall require the
taxicab to complete a one-mile test run to verify the accuracy of the taximeter. If
the taximeter is determined to be accurate following the police department’s
inspection, the police department’s traffic investigations unit shall seal the
taximeter to prevent unauthorized tampering of the taximeter.
Section 7. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.170, entitled, ―Application,‖ to
read as follows:
Persons seeking a license to operate a taxicab pursuant to the provisions of this chapter
shall submit an application to the police department’s traffic investigations unit on the
form supplied by and containing such information as may be required by the police
department. The fiscal services department shall issue such licenses or provide a written
denial of such applications within thirty (30) days of their submission. Any denial shall
state the reasons for the denial, and shall inform the applicant that the applicant may
appeal the denial by submitting such appeal in writing to the fiscal services manager
within fifteen (15) days of the date of the denial.
Section 8. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.180, entitled, ―Application
Criteria,‖ to read as follows:
A. Each applicant seeking a taxicab owner’s or driver’s license shall meet the
following requirements:
1. The applicant must be 21 years of age or older.
2. The applicant must have a valid Illinois driver's license.
VOLUME LXXIV MAY 13, 2009
385
3. The applicant must have had a valid driver's license during the immediately
preceding three-year period. If the applicant, after having been issued a taxicab
driver’s license, ceases to have a valid driver's license, the applicant must
immediately cease operating a taxicab and the prohibition shall continue until a
period of three years has elapsed during which the applicant has held a valid
driver's license.
4. The applicant must not have been convicted of any of the following offenses
during the immediately preceding three-year period: Section 11-401 of the Illinois
Vehicle Code (leaving the scene of a traffic accident involving death or personal
injury); Section 11-501 of the Illinois Vehicle Code (driving under the influence);
Section 11-503 of the Illinois Vehicle Code (reckless driving); Section 11-504 of
the Illinois Vehicle Code (drag racing); Section 11-506 of the Illinois Vehicle
Code (street racing) of the Illinois Vehicle Code; Section 9-3 of the Illinois
Criminal Code of 1961 (manslaughter or reckless homicide) or Section 12-5 of
the Illinois Criminal Code of 1961 (reckless conduct arising from the use of a
motor vehicle). If the applicant, after having been issued a taxicab driver’s
license, is convicted of any of the offenses specified in this subparagraph, the
applicant must immediately cease operating a taxicab and the prohibition shall
continue until a period of three years has elapsed during which the applicant has
not been convicted of any of the offenses specified in this subparagraph.
B. Upon receiving all required information from the applicant, including the
submittal of an approved taxicab inspection certification from an authorized
vehicle inspection station for each taxicab seeking a license, the police department
shall commence the application review process by conducting a criminal
background investigation. Upon successfully completing the criminal background
investigation, submitting approved taxicab inspection certifications and paying all
required fees, the applicant will be issued a taxicab owner’s license for each
approved taxicab and a city taxicab driver’s license.
C. The designee of the fiscal services manager shall deny the applications of persons
who are not licensed and otherwise qualified to provide taxicab services pursuant
to the laws of the state and of the United States. Probationary licenses and
temporary or judicial driving permits shall not be sufficient to obtain either a
taxicab owner’s or driver’s license. The designee of the fiscal services manager
may deny applications for taxicab owner’s or driver’s licenses or revoke taxicab
owner’s or driver’s licenses based upon a reasonable evaluation of the risk to the
physical safety of the public which would be created by the granting of such
licenses. Such an evaluation resulting in a denial of an application shall be based
upon the conviction of the applicant of any violent or armed felony within five (5)
years of the date of application, or of any drug or controlled substance felony
conviction within one year of the date of application. Revocations shall be based
upon such convictions during the period of the subject taxicab owner’s or driver’s
license's effectiveness.
MAY 13, 2009 VOLUME LXXIV
386
Section 9. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled
―Taxicabs,‖ be and is hereby amended by amending Section 6.66.200, entitled, ―Penalty for
Violation,‖ to amend subsection A read as follows:
A. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person
convicted of an offense under this chapter, in addition to other legal and equitable
remedies available to the city, shall be punished by a fine of not less than one
hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00).
Section 10. 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 11. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 12. 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: May 13, 2009
Passed: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009
Published: May 15, 2009
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIV MAY 13, 2009
387
ORDINANCE G29-09 PASSED AMENDING CHAPTER 10.28 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “AMPLIFIERS”
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G29-09
AN ORDINANCE
AMENDING CHAPTER 10.28 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED ―AMPLIFIERS‖
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 10.28 of the Elgin Municipal Code, 1976, as amended, entitled
―Amplifiers‖ be and is hereby further amended in its entirety to read as follows:
―10.28.010: AMPLIFYING DEVICES; PERMIT REQUIRED:
It is unlawful for any person, other than personnel of law enforcement or governmental agencies,
to install, use or operate within the city any loudspeaker, stereo, radio, tape recorder, cassette
player, compact disc player, dvd player, digital music player, phonograph, microphone, speaker
or other device, equipment or system by which sounds are magnified and cast upon the public
streets, alleys, sidewalks, parks, place or other public property (―sound amplifying device‖ or
―sound amplifying equipment‖) without first obtaining a permit as provided in this chapter.
10.28.020: PERMIT; APPLICATIONS:
Applications for a permit for the use or operation of such a sound amplifying device shall be
filed with the Director of Parks and Recreation not less than thirty (30) days prior to the date on
which the sound amplifying equipment is intended to be used, provided however, applications
for a permit for the use or operation of a sound amplifying device to be used in conjunction with
a special event authorized and permitted pursuant to Chapter 13.25 of this code, as amended,
shall be filed concurrently with and no later than the application for su ch special event. All
references to the Director of Parks and Recreation in this chapter shall be deemed to include the
Director of Parks and Recreation or his designee. Such application shall contain the following
information:
A. The name, address and telephone number of both the owner and user of the sound amplifying
equipment;
B. The maximum sound producing power of the sound amplifying equipment which shall
include the wattage to be used, the volume and decibels of sound which will be produced,
and the approximate distance for which sound will be audible from the sound amplifying
equipment;
MAY 13, 2009 VOLUME LXXIV
388
C. The license and description of the vehicle if a vehicle is to be used;
D. A general description of the sound amplifying equipment which is to be used; and
E. Whether the sound amplifying equipment will be used for commercial or noncommercial
purposes.
10.28.025: PERMIT; REVIEW AND TIME LIMITS:
The Director of Parks and Recreation shall promptly review the application upon the receipt of a
completed permit application. The Director of Parks and Recreation shall notify the applicant
within fourteen (14) days from the receipt of the application of any deficiencies in the
application. The Director of Parks and Recreation shall grant or deny the permit applicat ion
within twenty-one (21) days from the date the completed application was filed with the Director
of Parks and Recreation. If the Director of Parks and Recreation fails to grant or deny the permit
application within the prescribed time period, the permit application shall be deemed denied.
10.28.030: PERMIT; ISSUANCE OR DENIAL:
Permits, when issued, shall be issued by the Director of Parks and Recreation and shall authorize
the use of any such sound amplifying equipment subject to the terms and conditions of this
chapter and other applicable requirements of law upon the date specified in such permit and no
other. The Director of Parks and Recreation is authorized to deny a permit application for a
sound amplifying device when the Director of Parks and Recreation finds that:
A. The conditions of the motor vehicle movement are such that the use of the equipment would
constitute a detriment to traffic safety; or
B. The conditions of pedestrian movement are such that use of the equipment would constitute a
detriment to traffic safety; or
C. The permit application reveals that the applicant would not be able to comply with the
provisions of this chapter or other applicable requirements of law. In the event the permit
application is disapproved, the Director of Parks and Recreation shall provide the applicant
with a statement containing the reasons for disapproval and return it forthwith to the
applicant.
10.28.035: APPEALS:
Any applicant who is denied a permit for the use or operation of a sound amplifying device may
file a written appeal to the city manager, or his designee, within ten (10) days after receipt of the
written copy of the denial. If the Director of Parks and Recreation fails to grant or deny the
permit application within twenty-one (21) days from the date of the completed application is
filed and the permit application is therefore deemed denied pursuant to Section 10.28.025 hereof,
any applicant who is denied a permit under such circumstances may file a written appeal to the
VOLUME LXXIV MAY 13, 2009
389
city manager within thirty (30) days from the date the completed permit application was filed
with the Director of Parks and Recreation. The city manager, or his designee, shall grant or deny
the appeal within twenty-one (21) days from the date the appeal was received by the city
manager. The city manager’s, or his designee’s, decision to grant or deny an appeal shall be
made in accordance with the criteria set forth in Section 10.28.030 hereof. If the city manager,
or his designee, fails to grant or deny an appeal within twenty-one (21) days from the date the
appeal was received, the appeal shall be deemed denied.
10.28.040: RESTRICTIONS:
When a permit has been issued as provided in this chapter, it is unlawful to use, operate or
employ any such sound amplifying equipment contrary to the following regulations:
A. The operation of sound amplifying equipment shall only occur Sundays through Thursdays
between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M., prevailing
time, and Fridays and Saturdays, eight o'clock (8:00) A.M. to eleven o'clock (11:00) P.M.,
prevailing time. Notwithstanding the foregoing, the city manager may grant an extension to
allow for the operation of sound amplifying equipment on Sundays through Thursdays until
the hour of nine o'clock (9:00) P.M., prevailing time, upon a finding by the city manager that
based upon the nature of the sound amplifying equipment and the nature and uses of
surrounding properties that no unreasonable disturbance to such surrounding properties
would occur as a result of such one hour extension for the operation of sound amplifying
equipment.
B. No sound amplifying equipment shall be operated within two hundred feet (200') of schools
or hospitals.
C. No sound emanating from sound amplifying equipment shall exceed the decibel limitations
as provided in chapter 10.30 of this title, as amended. No person shall operate or permit
operation of any sound amplification equipment contrary to the provisions in chapter 10.30
of this title, as amended. Decibel levels shall be determined as provided in chapter 10.30 of
this title, as amended.
10.28.050: COMPLIANCE WITH STATE REGULATIONS:
In addition to the regulations and restrictions provided in this chapter, the use and operation of
any sound amplifying equipment shall comply with state regulations including those provided for
in the Illinois administrative code, title 35, subtitle H, chapter I, part 901 et seq., as amended.
10.28.060: EXCEPTIONS:
The provisions of this chapter shall not apply to sound amplifying devices in private residences
when the same are operated in such a manner as to not be audible at a distance of less than
seventy five feet (75') from any property line of such a private residence during nighttime hours
or at a distance of less than 150 feet from any property line of such a private residence during
daytime hours. The provisions of this chapter shall also not apply to sound amplifying devices in
MAY 13, 2009 VOLUME LXXIV
390
vehicles when the same are operating in such a manner as to not be audible at a distance of less
than 75 feet from such a vehicle. The terms daytime hours and nighttime hours shall be defined
as provided in Chapter 10.30 of this title, as amended.
10.28.070: REVOCATION:
Any permit issued as provided in this chapter may be revoked by the Director of Parks and
Recreation or the Chief of Police, or the Chief of Police’s designee at any time for any violation
of the provisions of this chapter or other requirements of law. Such revocation may be in
addition to any fine imposed.
10.28.080: PENALTY FOR VIOLATION:
Any person, firm or corporation violating any of the provisions of this chapter, in addition to the
other legal and equitable remedies available to the city, shall be fined as provided in chapter 1.20
of this code. Each day during which a violation of this chapter continues or is permitted to exist
shall be considered a separate and distinct offense.‖
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: May 13, 2009
Passed: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009
Published: May 15, 2009
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G30-09 PASSED AMENDING CHAPTER 10.30 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “NOISE”
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
VOLUME LXXIV MAY 13, 2009
391
Ordinance No. G30-09
AN ORDINANCE
AMENDING CHAPTER 10.30 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED ―NOISE‖
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 10.30.010 entitled ―Definitions‖ of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended by adding to the listing of definitions
contained therein definitions for ―Festival Park‖, ―City Property‖ and by amending the ex isting
definition of a ―Sound Amplification Device‖ contained therein to read as follows:
“FESTIVAL PARK: The City of Elgin park located on South Grove Avenue and bounded by
the Fox River on the west, Prairie Street on the north, South Grove Avenue on th e east, and Lake
Street on the south.
CITY PROPERTY: Any street, alley, sidewalk, park, parkway or mall, owned, controlled or
managed by the City of Elgin and on which a special event has been authorized and permitted
pursuant to Chapter 13.25 of this code, as amended.
SOUND AMPLIFICATION DEVICE: Any loudspeaker, stereo, radio, tape recorder, cassette
player, compact disc player, DVD player, digital music player, phonograph, microphone, speaker
or other device, equipment or system by which sounds are magnified.‖
Section 2. That Section 10.30.020 entitled ―General Noise Limitations‖ of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending
subparagraphs C and D thereof to read as follows:
―C. No person shall cause or allow the emission of sound from a commercial property in the city
to any receiving residential property in the city during daytime hours that exceeds fifty five
(55) dBA, or fifty (50) dBA for impulsive sound, when measured at any point within such
receiving residential property, provided however, that no measurement of sound level shall
be made less than twenty five feet (25') from the property line of such commercial property
noise source. For the purposes of this chapter, City Property and property zoned within the
CF Community Facility District not improved with a residence shall be deemed to be a
commercial property.
D. No person shall cause or allow the emission of sound from a commercial property in the city
to any receiving residential property in the city during nighttime hours that exceeds forty four
(44) dBA, or forty five (45) dBA for impulsive sound, when measured at any point within
such receiving residential property, provided however, that no measurement of sound level
shall be made less than twenty five feet (25') from the property line of such commercial
property noise source. For the purposes of this chapter, City Property and property zoned
within the CF Community Facility District not improved with a residence shall be deemed to
be a commercial property.‖
MAY 13, 2009 VOLUME LXXIV
392
Section 3. That Chapter 10.30 of the Elgin Municipal Code, 1976, as amended,
entitled ―Noise‖ be and hereby further amended by adding a new Section 10.30.045 thereto
entitled ―Special Regulations for Festival Park‖ to read as follows:
“10.30.045: SPECIAL REGULATIONS FOR FESTIVAL PARK:
The following additional special regulations shall apply to Festival Park:
A. No person shall cause or allow the emission of sound from Festival Park that exceeds
seventy-five (75) dBA, when measured at a distance of one hundred (100) feet from the
source of such sound, between the hours of 12:00 p.m. to 4:00 p.m. on Fridays, Saturdays
and Sundays and on the holidays of Memorial Day, the 4th of July and Labor Day.
B. No person shall cause or allow the emission of sound from Festival Park that exceeds one
hundred (100) dBA, when measured at a distance of one hundred (100) feet from the source
of such sound, between the hours of 4:00 p.m. to 11:00 p.m. on Fridays, Saturdays and
Sundays and on the holidays of Memorial Day, the 4th of July and Labor Day.
C. In the event of any conflict between the provisions of this section and the other provisions
within this chapter, the provisions of this section shall control.‖
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: May 13, 2009
Passed: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009
Published: May 15, 2009
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIV MAY 13, 2009
393
ORDINANCE G31-09 PASSED AMENDING SECTION 11.40.095 OF THE ELGIN
MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “SOUND AMPLIFICATION
DEVICES”
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G31-09
AN ORDINANCE
AMENDING SECTION 11.40.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED ―SOUND AMPLIFICATION DEVICES‖
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended,
entitled ―Sound Amplification Devices‖ be and is hereby further amended by amending
subparagraph A thereof to read as follows:
“A. No driver or owner of any motor vehicle within the city shall operate or
permit operation of any sound amplification device or system which can be heard
outside the vehicle from seventy five (75) or more feet when the vehicle is being
operated upon a street, highway or roadway unless such device or system is being
operated to request assistance or warn of a hazardous situation. This section does
not apply to authorized emergency vehicles. This section also does not apply to
vehicles when the same are operated pursuant to and in conformance with a sound
amplifying device permit pursuant to in Chapter 10.28 of this code, as amended,
and a special event permit pursuant to Chapter 13.25 of this code, as amended.‖
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
MAY 13, 2009 VOLUME LXXIV
394
Presented: May 13, 2009
Passed: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009
Published: May 15, 2009
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G32-09 PASSED AMENDING CHAPTER 13.25 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SPECIAL EVENTS IN
PUBLIC PLACES”
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G32-09
AN ORDINANCE
AMENDING CHAPTER 13.25 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED ―SPECIAL EVENTS IN PUBLIC PLACES‖
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 13.25 of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding a new Section 13.25.075 thereto entitled ―Sound
Amplifying Devices‖ to read as follows:
―13.25.075: SOUND AMPLIFYING DEVICES:
A. Any sponsor who desires to include sound amplifying devices in a special
event shall also be responsible for applying for and obtaining a permit for the use
or operation of such a sound amplifying device pursuant to Chapter 10.28 of this
code, as amended. The use or operation of such a sound amplifying device in a
special event shall be in compliance with the requirements of Chapter 10.28, as
amended, Chapter 10.30, as amended, the requirements of this chapter, as
amended, and other applicable requirements of law.
B. The operation of any sound amplification device(s) or system(s) within
any motor vehicle(s) which can be heard outside the vehicle from seventy five
(75) feet or more shall be limited in duration to the total of one (1) hour or less in
VOLUME LXXIV MAY 13, 2009
395
the aggregate for all of the motor vehicles and shall also be in compliance with
the requirements of Chapter 10.28 of this code, as amended, Chapter 10.30 of this
code, as amended, and other applicable requirements of law.‖
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: May 13, 2009
Passed: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009
Published: May 15, 2009
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Telecommunications Tax Report – April, 2009
Sales Tax Report – April, 2009
Design Review Subcommittee Minutes – March 24, 2009
Emergency Telephone System Board Minutes – February 19, 2009
Planning and Development Commission- Minutes of January 20, 2009
Police Pension Fund Investment Committee Minutes – February 19, 2009
Committee of the Whole Minutes for April 8, 2009
City Council Minutes for April 8, 2009
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
MAY 13, 2009 VOLUME LXXIV
396
ADJOURNMENT
Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
The meeting adjourned at 8:25 p.m.
s/ Diane Robertson May 27, 2009
Diane Robertson, City Clerk Date Approved