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SEPTEMBER 22, 2010 VOLUME LXXV
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 September 22,
2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m.
The Invocation was given by Ina Dews and the Pledge of Allegiance was led by City Manager
Sean Stegall.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and
Mayor Schock. Absent: Councilmember Gilliam.
MINUTES OF THE SEPTEMBER 8, 2010, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve the
September 8, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
COMMUNICATIONS
Human Relations Commission “I am Elgin” Video Replay
Representatives of the Human Relations Commission were present and played a short video
highlighting the diversity of the city.
Kane County Association for Home and Community Education Proclamation
Mayor Schock read a proclamation congratulating the Plato Center Unit of Kane County Association
for Home and Community Education and designating the month of October as HCE Month. Week one
will honor the National 4-H Club and weeks following will honor Illinois HCE. Representatives accepted
the proclamation and announced they were looking for members.
VOLUME LXXV SEPTEMBER 22, 2010
455
National Arts in Education Week Proclamation
Mayor Schock read a proclamation designating the week beginning on the second Sunday of
September as Arts in Education Week. The proclamation was accepted by Dale Lonis,
Executive Director of the Elgin Symphony Orchestra.
Recognition of Community Emergency Response Team (CERT) Volunteers
Mayor Schock read a proclamation extending the sincere and warm appreciation and esteem of
the City of Elgin to the CERT volunteers for their outstanding dedication and service to the
community. The proclamation was accepted by Police Chief Jeff Swoboda who thanked all of
the volunteers for their work. Certificates were presented to those volunteers present.
Muscular Dystrophy Association
A representative of the Muscular Dystrophy Association thanked members of the Elgin Fire
Department for their successful Fill the Boot project. Over $23,000 was raised this past year. A
parent of a child with muscular dystrophy also thanked everyone who worked on this project.
RECOGNIZE PERSONS PRESENT
Chuck Keysor of the Near West Neighborhood Association expressed his concerns about the
Larkin Center homes and how many crimes have been committed by their residents. He
recommended that they reinstate their administrative orders and create a new one regarding their
most violent residents.
Jim Zingales said that he is upset with all of the crimes associated with residents of the Larkin
Center. He would like to see more done about the situation.
Chris Tsoris expressed concerns about the residents at the Larkin Center and the criminal
activities associated with some of them.
Michael Gibbons feels that some of the residents at the Larkin Center homes are violent
offenders and should be placed in high security facilities.
Lisa Shockey is a parent of the Children’s Theatre of Elgin. She thanked for city for their
support of the program and said it was a wonderful cultural arts experience for the children.
Carol Gage expressed her concerns about huge political signs.
Deborah Allan announced there will be a candidate’s forum on October 7 at 240 Standish. It will
include the candidates for state senator and state representative.
Pete Garlock, co-chair of the Short Film Festival, thanked everyone who participated in the
event. He especially thanked the Hemmens staff.
SEPTEMBER 22, 2010 VOLUME LXXV
456
Ina Dews asked that the costs of projects and items be put back on the Committee of the Whole
agenda. Mr. Stegall said he had received other requests for this and it will be done. She also
said that she would like to know the diversity of contracts that had been let for street
improvements as she feels minorities should be better represented.
BID 10-042 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT
CHEMICALS
Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve an
agreement with the following vendors for the purchase of certain water chemicals needed to treat
the water throughout Elgin: Epco for Carbon Dioxide, Key Chemical for Hydrofluosilicic Acid
Bulk, Tanner Industries for Ammonium Hydroxide Bulk, and USALCO for Liquid Aluminum
Sulfate. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Nays: None.
PETITION 13-10 APPROVED REQUESTING A CONDITIONAL USE IN THE CF
COMMUNITY FACILITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF
CHILD DAYCARE SERVICES; PROPERTY LOCATED AT 525 CHURCH ROAD, BY
AGAPE ACADEMY OF ST. SOPHIA GREEK ORTHODOX CHURCH, AS
APPLICANT, AND ST. SOPHIA GREEK ORTHODOX CHURCH, AS OWNER
Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve
Petition 13-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
RESOLUTION 10-184 ADOPTED RATIFYING THE EXECUTION OF AN
INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS
CRIMINAL JUSTICE INFORMATION AUTHORITY UNDER THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
VOLUME LXXV SEPTEMBER 22, 2010
457
Resolution No. 10-184
RESOLUTION
RATIFYING THE EXECUTION OF AN INTERAGENCY AGREEMENT
TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE
INFORMATION AUTHORITY UNDER THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of an Interagency Agreement to accept a grant
from the Illinois Criminal Justice Information Authority under the American Recovery and
Reinvestment Act of 2009, by Ed Schock, Mayor, Colleen Lavery, Finance Director, and Jeffrey
Swoboda, Chief of Police, regarding the Starcom funding for local law enforcement agencies,
a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Adopted: September 22, 2010
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-185 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH MOTOROLA, INC./PRINTRAK INTERNATIONAL, INC. FOR THE
PURCHASE OF RADIOS
Councilmember Steffen made a motion, seconded by Councilmember Warren, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-185
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MOTOROLA, INC./PRINTRAK INTERNATIONAL, INC.
FOR THE PURCHASE OF RADIOS
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
SEPTEMBER 22, 2010 VOLUME LXXV
458
an exception to the requirements of the procurement ordinance is necessary and in the best
interests of the city; and
BE IT RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Motorola, Inc./Printrak
International, Inc. for the purchase of fourteen portable and four mobile police Starcom21 radios,
a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Adopted: September 22, 2010
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-186 ADOPTED ACCEPTING THE PROPOSAL OF LUNDSTROM
INSURANCE AGENCY, INC. FOR THE CITY OF ELGIN'S INSURANCE PROGRAM
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-186
RESOLUTION
ACCEPTING THE PROPOSAL OF LUNDSTROM INSURANCE AGENCY, INC.
FOR THE CITY OF ELGIN'S INSURANCE PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILL INOIS,
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 BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to
accept the proposal on behalf of the City of Elgin of Lundstrom Insurance Agency, Inc. for the
city’s insurance program for the period October 1, 2010 through September 30, 2011 as follows:
a. To accept Safety National's excess workers' compensation proposal for an annual
premium cost of $106,507 with a $600,000 self-insured retention.
VOLUME LXXV SEPTEMBER 22, 2010
459
b. To accept Travelers' renewal proposal for an annual premium cost of $546,287
and a claims administration fee of $59,029.
c. To accept Employers' excess business interruption renewal proposal for an annual
premium cost of $50,000 with an $11,500,000 policy limit.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to
execute an insurance broker services agreement with Lundstrom Insurance Agency, Inc. dated
October 1, 2010, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Adopted: September 22, 2010
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-187 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
CONTRACT (SEVEN VACANT LOTS, BIRCH DRIVE)
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-187
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT
(Seven Vacant Lots, Birch Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a real
estate contract on behalf of the City of Elgin with JIZ Builders, Inc., for the purchase of property
commonly known as seven vacant lots, Birch Drive, for $125,000, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
SEPTEMBER 22, 2010 VOLUME LXXV
460
Presented: September 22, 2010
Adopted: September 22, 2010
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G43-10 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "ZONING"
Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Prigge, Steffen,
Warren, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of
interest.
Ordinance No. G43-10
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 a revision to the land uses within “ARC
Arterial Road Corridor Overlay District” by deleting pawnshops from the list of prohibited uses
in 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
amendment; and
WHEREAS, the city council has considered the recommendations of the planning and
development commission with respect to the proposed amendment 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:
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:
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461
“I. Retail Trade Division
Auto supply stores (5531)
Automotive dealers, not elsewhere classified (5599)
Boat dealers (5551)
Firearm sales (5941)
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)
Recreational vehicle dealers (5561)”
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: September 22, 2010
Passed: September 22, 2010
Vote: Yeas: 5 Nays: 0
Recorded: September 23 2010
Published: September 23, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G44-10 PASSED GRANTING A CONDITIONAL USE FOR A
PAWNSHOP IN THE AB AREA BUSINESS DISTRICT (943-955 NORTH MCLEAN
BOULEVARD)
Councilmember Steffen made a motion, seconded by Councilmember Warren, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Prigge, Steffen,
Warren, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of
interest.
SEPTEMBER 22, 2010 VOLUME LXXV
462
Ordinance No. G44-10
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PAWNSHOP
IN THE AB AREA BUSINESS DISTRICT
(943-955 North McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval for a
pawnshop in the AB Area 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 with 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 August 18, 2010, made by the Zoning and Subdivision Hearing Board, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit the establishment of a pawnshop in the
AB Area Business District at 943-955 North McLean Boulevard and legally described as
follows:
That part of the Northwest ¼ of Section 10, Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows: Beginning at the Northwest
corner of Country Aire Subdivision Unit No. 5, being a subdivision of part of the
North ½ of said Section 10. Said beginning being on the south line of Abbott
Drive, according to Elgin Industrial Park, being a subdivision of part of the North
½ of said Section 10, and on the West line of Adeline Avenue, according to said
Country Aire Subdivision Unit No. 5; thence South 06 degrees, 22 mi nutes, 41
seconds West, along said West line of Adeline Avenue, a distance of 304.30 feet
to the Northeast corner of Lot 15 of Country Aire Subdivision Unit No. 3, being a
subdivision of part of the aforesaid Northwest ¼ of Section 10; thence North 83
degrees, 46 minutes, 58 seconds West, along the Northerly line of aid Lot 15, a
distance of 146.76 feet to the Northwest corner of said Lot 15; thence South 02
degrees, 38 minutes, 34 seconds West, along the Westerly line of said Lot 15, a
distance of 2.44 feet to the Northeast corner of Lot 7 of Country Aire Subdivision
Unit No. 2, being a subdivision of part of the aforesaid Northwest ¼ of Section
10; thence West, along the Northerly line of and the Westerly extension of said
Lot 7, a distance of 164.91 feet to the Northwest corner of said Country Aire
Subdivision no. 2; thence North 00 degrees, 39 minutes, 10 seconds East, along
the Northerly extension of the Westerly line of said Country Aire Subdivision
VOLUME LXXV SEPTEMBER 22, 2010
463
Unit No. 2, a distance of 327.06 feet to the Southwest corner of aforesaid Elgin
Industrial Park, also being the Westerly extension of aforesaid Abbott Drive;
thence South 83 degrees, 37 minutes, 41 seconds East, along the aforesaid South
line of Abbott Drive, a distance of 343.12 feet to the point of beginning, being
situated in the City of Elgin, Kane County, Illinois, and containing 2.33 acres
more or less (Property commonly known as 943-955 North McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Peter Bazos, Attorneys at Law, date received July 23, 2010,
and email from Peter Bazos, dated May 7, 2010.
2. The pawnshop will be restricted to the tenant spaces at 943 North McLean Boulevard,
Units C & D, located within the shopping center at 943-955 North McLean Boulevard.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
4. The pawnshop will not trade in weapons of any kind, including but not limited to
throwing stars, switchblades, butterfly knives, knuckle dusters, or regulated paraphernalia
of any kind including but not limited to rolling paper, glass pipes, and wire mesh pipe
screens.
5. The pawnshop will not offer any additional financial services that are not customary and
traditional to a pawnshop, including but not limited to fee-based check cashing, payday
loans, vehicle title loans and currency exchange services.
6. No outdoor storage of goods related to the subject land use will be permitted within the
shopping center at 943-955 North McLean Boulevard.
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
SEPTEMBER 22, 2010 VOLUME LXXV
464
Presented: September 22, 2010
Passed: September 22, 2010
Vote: Yeas: 5 Nays: 0
Recorded: September 23 2010
Published: September 23, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G45-10 PASSED AMENDING CHAPTER 6.42 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PAWNBROKERS"
Councilmember Steffen made a motion, seconded by Councilmember Warren, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G45-10
AN ORDINANCE
AMENDING CHAPTER 6.42 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "PAWNBROKERS"
WHEREAS, 65 ILCS 5/11-42-5 provides in part that the corporate authorities of each
municipality may license, tax, regulate, or prohibit pawnbrokers; and
WHEREAS, the City of Elgin is a home-rule unit; and
WHEREAS, pursuant to Article 7, Section 6 of the Constitution of the State of Illinois,
the City of Elgin, as a home-rule unit, may exercise any power and perform any function
pertaining to its government and affairs, including, but not limited to, the power to regulate for
the protection of the public health, safety, morals and welfare, and to license; and
WHEREAS, Elgin Municipal Code Chapter 6.42 currently provides that no person, firm
or corporation shall conduct or operate the business of a pawnbroker within the corporate limits
of the city; and
WHEREAS, the city council of the City of Elgin has determined that it is desirable to
allow a limited number of pawnbrokers in the city subject to licensing and other regulations; and
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465
WHEREAS, the regulation of pawnbrokers through licensing and other regulations is
necessary to deter and detect crime and to otherwise protect the public health, safety, morals and
welfare relating to the operations b y pawnbrokers; and
WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering
stolen property relates to the protection of the public health, safety, morals and welfare and
pertains to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 6.42 of the Elgin Municipal Code, 1976, as amended, entitled
“Pawnbrokers” be and is hereby amended by creating in its entirety to read as follows:
"SECTION:
6.42.010: Definitions
6.42.020: License Required
6.42.030: Number of Licenses to be Issued
6.42.040: Application
6.42.050: Fees
6.42.060: Investigation of Applicant
6.42.070: Bond Prerequisite to Issuance
6.42.080: Issuance
6.42.090: Posting
6.42.100: Transfer
6.42.110: Change of Location
6.42.120: Hours of Operation
6.42.130: Prohibited Purchases
6.42.140: Purchasing, Selling; Weapons Prohibited
6.42.150: Sales and Redemptions Regulated
6.42.160: Records of Purchases
6.42.170: Reports to Chief of Police
6.42.180: Inspections of Premises
6.42.190: Waiting Period
6.42.200: Removal of Identifying Marks Prohibited
6.42.210: Video Camera Surveillance Required
6.42.220: Inventory System
6.42.230: Suspension or Revocation
6.42.240: Summary Suspension
6.42.250: Notice of Hearing
6.42.260: Hearings
6.42.270: Appeals
6.42.280: Penalty for Violation
6.42.290: Severability
SEPTEMBER 22, 2010 VOLUME LXXV
466
6.42.010: DEFINITIONS:
"Approved Identification" shall mean any one of the following validly issued and
unexpired forms of identification which includes a photograph of the person: (i) United
States passport, (ii) a state driver's license, (iii) a state issued identification card, (iv) a
military identification card, or (v) a United States permanent resident card.
"Pawnbroker" means any person who lends money on deposit or pledge of personal
property, or deals in the purchase of personal property on condition of selling the same
back at a stipulated price, or who publicly displays at his or her place of business the sign
generally used by pawnbrokers to denote the pawnbroker business, or who publicly
displays a sign which indicates, in substance, a business on the premises which "loans
money for personal property, or deposit or pledge". The business of a pawnbroker shall
not include the lending of money on deposit or pledge of title to property.
"Person" means a natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust or organization, or the manager,
lessee, agent, servant, officer, or employee of any of them.
6.42.020: LICENSE REQUIRED:
A. No person, either as owner, manager, lessee, officer or agent, or in any other
capacity, shall operate or permit to be operated a pawnbroker establishment
without first having obtained a license from the city to do so. The license fee
shall be due and payable on or before February 1 of each year. The requisite fee
shall accompany all original or renewal applications. Such licenses shall expire
on January 31, next after the date of issue. Failure or neglect to pay the requisite
license fee in a timely manner shall be cause for denial of issuance or non-renewal
or revocation as the case may be.
B. It shall also not be lawful for an individual or business entity to conduct business
in the city using the word "pawn", "pawnshop" or "pawnbroker" in connection
with a business or to transact business in the city in a manner which has a
substantial likelihood of misleading the public by implying that the business is a
pawnshop, without first obtaining a license from the city as provided in this
chapter.
6.42.030: NUMBER OF LICENSES TO BE ISSUED:
The number of pawnbroker licenses shall not exceed one (1) in number.
6.42.040: APPLICATION:
An application for a license required by this chapter shall be made in writing under oath
to the city’s finance director on a form prescribed by the city’s finance director. All
references to the finance director in this chapter shall be deemed to include the finance
VOLUME LXXV SEPTEMBER 22, 2010
467
director or his authorized designee. Each application shall include, but not be limited to,
the following information:
A. The name of the individual, partnership, corporation or association applying for a
license.
B. The residence, phone number, date of birth and driver's license number of the
applicant or partners; or, if a corporation or association, the residence, phone
number and driver's license number of the officers and all shareholders owning
more than five percent (5%) of the outstanding shares of stock.
C. The location for which the license is requested.
D. Whether the applicant, its partners, officers or listed shareholders have been
convicted of any criminal offense or ordinance violation (other than traffic or
parking offenses) in any jurisdiction and, if so, a list of such convictions with date
and prosecuting jurisdiction.
E. Such information as required by the Chief of Police in order to conduct a criminal
history background investigation on the applicant, its partners, offi cers or listed
shareholders owning more than five percent (5%) of the outstanding shares of
stock.
F. Whether the applicant, its partners, officers or listed shareholders have held a
license or had an interest in a license issued by the city or any other jurisdiction
regulating the purchase or sale of used property revoked for cause, and, if so, list
the date of revocation and jurisdiction.
G. A statement whether the applicant has made application for a similar or other
license on premises other than described in the application, and the disposition of
such application.
6.42.050: FEES:
The applicant for a license required by this chapter shall pay the finance director at the
time of filing an application a license fee of two hundred dollars ($200.00) per calendar
year or part thereof. Should the license be denied, the license fee shall be refunded to the
applicant.
6.42.060: INVESTIGATION OF APPLICANT:
Upon receipt of an application for an available license under this chapter, the finance
director shall cause a copy thereof to be sent to the chief of police and the community
development group director both of whom shall report back to the finance director in
thirty (30) days whether the applicant is in accordance with applicable city codes. The
investigation by the chief of police shall include, but not be limited to, conducting a
SEPTEMBER 22, 2010 VOLUME LXXV
468
criminal history background investigation on the applicant, its partners, officers or listed
shareholders owning more than five percent (5%) of the outstanding shares of stock.
6.42.070: BOND PREREQUISITE TO ISSUANCE:
Every applicant for a license under this chapter shall file with the city a license and
permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the
corporation counsel, with the city as obligee, conditioned for the faithful and due
performance of the provisions of this chapter and the laws of the state concerning the
operation of the licensed business, and the payment of all fines and penalties by reason of
the violation thereof.
6.42.080: ISSUANCE:
Upon receipt of the report from the chief of police and community development group
director, the finance director shall issue the license requested under this chapter unless it
is determined that:
A. The applicant is under the age of 18.
B. The location requested is not in a permanent structure.
C. The applicant, its partners, officers or listed shareholders have been convicted of
or had plead guilty to any offense related to theft, burglary, or purchasing or
receiving stolen items under the laws of this state, city or any other jurisdiction
within the past ten years, or have forfeited a bond to appear in court to answer for
charges for such offenses during such time.
D. The location requested and structure to be used would not comply with all
applicable laws including, but not limited to, the zoning code of the city.
E. The applicant, its partners, officers or listed shareholders have held a license or
had an interest in a license issued by the city or any other jurisdiction regulating
pawnbrokers which was revoked for cause.
F. The applicant, its partners, officers or listed shareholders has knowingly furnished
false or misleading information or withheld relevant information on any
application for a license required by this division or any investigation into any
application.
G. The application has not been properly completed and/or the licensing fee required
in this chapter has not been paid.
H. An investigation reveals that the applicant has falsified information on the
application.
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I. There is an outstanding code violation on the proposed premises, unless the
applicant can provide satisfactory evidence that the condition will be corrected
within a reasonable time, and the conduct of the business pending the correction
of such condition will not endanger the public health, safety or welfare.
J. There is no pawnbroker's license currently available.
K. Failure to comply with other provisions of this chapter or applicable requirements
of law.
6.42.090: POSTING:
Every license issued under the provisions of this chapter shall, at all times during the
period for which it is effective, be posted in a conspicuous place at or near the principal
entrance to the premises for which the license is issued.
6.42.100: TRANSFER:
A. No license issued under this division may be transferred to any other person.
B. No corporate pawnbroker licensee shall permit any transfer of its stock which
would vest in aggregate more than five percent (5%) of the stock outstanding in
such corporation in any shareholder unless such shareholder has been certified by
the finance director as meeting the requirements of this chapter.
6.42.110: CHANGE OF LOCATION:
No pawnbroker shall carry on any business required to be licensed under this chapter
except at the location designated on the license. Should the pawnbroker wish to change
the location, application shall be made to the finance director for such change in writing.
The finance director shall approve the change of location unless the new location would
be contrary to the provisions of this chapter, the ordinances of the city or any other
applicable requirements of law.
6.42.120: HOURS OF OPERATION:
No pawnbroker shall purchase, accept or take or receive in pawn any goods, wares,
articles or things whatsoever from any person before the hour of 6:00 a.m. or after the
hour of 9:00 p.m.
6.42.130: PROHIBITED PURCHASES:
No pawnbroker under this chapter shall purchase, accept or take or receive in pawn any
goods, wares, articles, or things under any of the following circumstances:
A. Where the seller is less than the age of 18.
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B. Where the seller is intoxicated, as that term is defined in section 10.33.010 of this
Code.
C. Where the seller fails to present at least one form of Approved Identification that
contains the seller’s full legal name, residence address and a photograph, as
required in section 6.42.160A6.
D. Where the article to be purchased had an original manufacturer's serial number at
the time it was new, but no longer legibly exhibits such number.
E. Where the seller is known to be a thief or has been convicted of theft, burglary,
robbery or possession of stolen property. A law enforcement officer may provide
such criminal conviction information to a pawnbroker. When any person is found
to be the owner of stolen property which has been pawned, such property shall be
returned to the owner thereof without the payment of the money advanced by the
pawnbroker thereon or any costs or charges of any kind which the pawnbroker
may have placed upon the same.
6.42.140: PURCHASING, SELLING; WEAPONS PROHIBITED:
No pawnbroker shall deal in, buy, sell, accept, take or receive in pawn or display in his
shop, any pistol, revolver, derringer, Bowie knife, dirk or other deadly weapon of like
character, capable of being secreted upon the person.
6.42.150: SALES AND REDEMPTIONS REGULATED:
A. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or
percentage upon money advanced, and for the use and forbearance thereof, than
the rate of three percent (3%) per month. Nothing in this section shall be
construed so as to conflict with the law pertaining to usury, and the person
receiving money so advanced may hold such monies to pay any fees in addition to
interest as herein provided.
B. Each pawnbroker, when making a loan, must disclose, in printed form on the
pawn contract, the following information to the persons receiving the loan:
1. The amount of money advanced, which must be designated as the
amount financed;
2. The maturity date of the pawn, which must be at least thirty (30)
days after the date of the pawn;
3. The total pawn interest and the total service charge payable on the
maturity date, and the total of both which must be designated as
the finance charge;
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4. The total of payments that must be paid to redeem the pledged
goods on the maturity date, which must be designated as the total
of payments; and
5. The annual percentage rate, computed according to the regulations
adopted by the Board of Governors of the Federal Reserve System
under the Federal Truth In Lending Act.
C. Each pawnbroker may contract for and receive a monthly finance charge,
including interest and fees, not to exceed one-fifth (1/5) of the loan amount, as set
forth herein, for appraising, investigating title, storing and insuring the collateral,
closing the loan, making daily reports to local law enforcement officers including
enhanced computerized reporting, complying with regulatory requirements and
for other expenses and losses of every nature whatsoever and for all other
services. Such fees, when made and collected, shall not be deemed interest for
any purpose of law.
D. If the pawner or a pledger fails to repay the loan during the period specified on the
pawn ticket, the pawnbroker shall automatically extend a grace period of thirty
(30) days from the default date on the loan during which the pawnbroker shall not
dispose of or sell the personal property pledged. The parties may agree to extend
or renew a loan upon terms agreed upon by the parties, provided the terms comply
with the requirements of this chapter.
E. Every pawnbroker shall, at the time of each advancement or each loan, deliver to
the person pawning or pledging any goods, articles or things, a memorandum or
note, signed by him or her, containing an identifying pledge number and the
substance of the entry required to be made in the pawnbroker's record book by
Section 6.42.160 of this chapter, and no charge shall be made or received by any
pawnbroker, loan broker or keeper of a loan office for any such entry,
memorandum or note.
F. Every pawnbroker shall for each article pledged attach thereto a tag with the
pledge number, the time when said pledge was obtained and the amount of said
pledge.
G. It shall be unlawful for any person to sell or pledge any property to a pawnbroker
that is not owned by the person selling or pledging such property.
6.42.160: RECORDS OF PURCHASES:
A. Every pawnbroker shall keep and maintain at the licensed location a book in
which the pawnbroker shall cause to be entered in English for each purchase or
receipt of property the following information:
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1. A succinct and accurate description of all property taken, purchased or received
in the course of the business licensed under this chapter, including any number or
inscription that may be in or on such property, and the amount paid by the
pawnbroker for such property. The description of each musical instrument,
camera, appliance or machine of any type shall include the brand name; the model
number, if available; any serial number or other identification number installed by
the manufacturer; and a description of every other identifying marking, such as
inscription, a Social Security number, a name, a nickname or address appearing
on the item. The description of each watch shall include the brand name; model
number, if available; a description of the metal or metals of its composition; a
description of the brand, if any; a description of the face by number, color, cut,
shape and type of stone or stones, if any; and a description of any inscriptions
appearing on the watch. The description of each item of jewelry shall include the
type; a description of the metal or metals of its composition; the type, shape and
cut of each stone; and a description of all inscriptions.
2. The full legal name of the person from whom the property is received including
full first name and middle initial, if any.
3. Such person's current residential address, date of birth and physical description;
the amount given or loaned to such person and the terms thereof. The physical
description of the person who sells property to the pawnbroker shall consist of
such person’s height (as estimated by the pawnbroker) and gender.
4. The signature of the employee who received the property.
5. A signed statement of the person from whom the property was obtained that he
or she is over 18 years of age and the legal owner of same clear of all attachments
and with the legal right to sell.
6. The name and address of the person or persons from whom the property is
received shall be verified from two forms of identification, to be shown to the
pawnbroker by each person selling any property or other items to the pawnbroker.
At least one of the two forms of identification must include an Approved
Identification which lists the person’s name and residence address and include a
photograph of such person. The pawnbroker shall make and record a photocopy
or electronic scan of the presented form(s) of Approved Identification. If the
person delivering the used property does not have at least one of the forms of
Approved Identification required by this ordinance, the pawnbroker shall not
complete the transaction.
B. Entries made in the register shall be printed or typed in ink and shall be legible.
C. All entries shall be made immediately upon receipt or purchase of any property.
No entry made in the record of purchases shall be erased, obliterated or defaced.
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D. For purposes of this section, the phrase “printed or typed in ink” may include a
computer printout, and “book” includes an accessible computer database capable
of being printed at the pawnbroker’s business location.
E. A copy of the completed record shall be kept in a separate book or register by the
pawnbroker and shall be retained for a period of three (3) years. Such book or
register shall at all times during the pawnbroker’s business hours be open to the
inspection of any member of the city’s police department.
6.42.170: REPORTS TO CHIEF OF POLICE:
A. It shall be the duty of every pawnbroker under this chapter to have available for
delivery to the chief of police, or officer designated by the chief of police, every
business day and before the hour of 12:00 noon, a legible and correct copy from
the register of all personal property, or the valuable things, received or deposited
or purchased the preceding day in whatever quantity received, including property
purchased as used merchandise at wholesale, used merchandise taken in for sale
or possessed on consignment for sale, and used merchandise taken in for trade.
B. No pawnbroker shall be required to furnish such description of any new property
purchased by the pawnbroker from manufacturers, other retailers or wholesale
dealers having an established place of business, or of any goods purchased at open
sale, or from a bankrupt stock. Such goods must be accompanied by a bill of sale
or other evidence of open and legitimate purchase and shall at all times during the
pawnbroker’s business hours be open to the inspection of members of the city’s
police department.
6.42.180: INSPECTION OF PREMISES;
Every pawnbroker under this chapter and every person employed by him in the conduct
of business shall admit to any and every part of the premises designated in the license,
during the pawnbroker’s business hours, any police officer of the city to examine any
goods, articles, things or books or other records on the premises dealing with purchase or
sale of used property.
6.42.190: WAITING PERIOD:
Every pawnbroker under this chapter shall keep all property purchased or received
available for inspection on the licensed premises for a period of ten (10) days from the
date of purchase or receipt. The pawnbroker shall hold such property on the licensed
premises for such ten-day period in such a manner as to be identifiable and separate from
property obtained in other transactions. The pawnbroker shall not alter such property
purchased or received in any manner during the ten-day waiting period. Such ten-day
waiting period shall not apply to any new property purchased by the pawnbroker from
manufacturers, other retailers or wholesale dealers having an established place of
business, or of any goods purchased at open sale, or from a bankrupt stock. Such ten -day
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waiting period shall also not apply to property purchased or received by the pawnbroker
in a pawn transaction which has been redeemed by the customer who originally pawned
such property within such ten-day period.
6.42.200: REMOVAL OF IDENTIFYING MARKS PROHIBITED:
No pawnbroker shall remove, alter or obliterate any manufacturers make, model or serial
number, personal identification number, or identifying marks engraved or etched upon an
item of personal property that was purchased or received by the pawnbroker.
6.42.210: VIDEO CAMERA SURVEILLANCE REQUIRED:
Each pawnbroker shall be required to install, operate and maintain a video camera
surveillance system capable of recording clear and unobstructed photographic
representations of the pawnbroker's customers and shall retain the video tape recordings
produced therefrom for at least thirty (30) days. Said video tape recording shall be
subject to inspection and copying by members of the city’s police department during the
licensee’s business hours.
6.42.220: INVENTORY SYSTEM:
Every pawnbroker shall maintain an inventory system of all property purchased or
received in such a manner that members of the city’s police department making an
inspection pursuant to this chapter can readily ascertain the identity of such property and
readily locate such property on the licensed premises.
6.42.230: SUSPENSION OR REVOCATION:
In addition to any other penalty which may be authorized by this Chapter or other city
ordinances, the finance director may suspend or revoke any license issued pursuant to this
Chapter for:
A. Failure of the pawnbroker licensee, its officers, agents or employees to comply
with any provision of this Chapter, any other applicable ordinances, the laws of
the State, federal laws or other applicable legal requirements.
B. Finding that the pawnbroker licensee, its partners, officers or shareholders have
been convicted of any offense set forth in section 6.42.080D of this Chapter; or
C. Finding that the pawnbroker licensee, its partners, officers or shareholders have
knowingly furnished false or misleading information or withheld relevant
information on any application for a license required by this Chapter or any
investigation on any application.
The pawnbroker shall be responsible for the acts of its agents, servants and employees in
the operation of the business. Prior to holding a hearing concerning the question of
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475
whether a license shall be revoked or suspended, the finance director shall give at least
ten (10) days written notice to the pawnbroker setting forth the alleged violation
specifically. The pawnbroker may present evidence and cross-examine witnesses at such
hearing.
6.42.240: SUMMARY SUSPENSION:
Where the finance director presents to the city manager sufficient evidence demonstrating
probable cause to believe that the licensee has violated the provisions of this code or the
laws of the United States or the State, and that said violation will immediately threaten
the public health, safety or welfare, the city manager may, upon the issuance of a written
order stating the reason for such conclusion, and without prior notice or hearing, order the
licensed premises closed and the license summarily suspended pending a public hearing
and determination on suspension or revocation. Such hearing shall be commenced not
more than seven (7) days following entry of such an order, unless the licensee shall agree
to a longer period of time. The procedures for such a hearing or any appeal with respect
thereto shall be as otherwise provided in this chapter. Upon entry of an order of
summary suspension, the licensee shall be served with a copy of the order and notice of
violation and a hearing in the manner provided by this chapter.
6.42.250: NOTICE OF HEARING:
Except as provided in section 6.42.240 hereof, prior to suspension or revocation of a
license under this chapter, the licensee shall be notified in writing of the nature of the
violation(s) and an opportunity for a hearing will be provided if a written request for a
hearing is filed with the finance director by the holder of the license within ten (10) days.
If a written request is filed within ten (10) days, a hearing date shall be set within ten (10)
days of receipt of the request. If no written request for a hearing is filed within ten (10)
days, the suspension or revocation shall be sustained.
6.42.260: HEARINGS:
As provided in this chapter, a hearing shall be conducted by the finance director or his
designee affording the licensee an opportunity to appear and defend the charges. The
finance director shall make a final decision in writing, including the reasons for such
decision, and shall serve such decision on the licensee within ten (10) days after the
conclusion of the hearing.
6.42.270: APPEALS:
A. Any person aggrieved by the action or decision of the city’s finance director to
deny, suspend or revoke a license applied for or issued under the provisions of
this chapter shall have the right to appeal such action or decision to the city
manager within ten (10) days after the notice of action or decision has been
mailed to the licensee’s address as shown on the license application form, or to
the licensee’s last known address.
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B. An appeal shall be taken by filing with the city’s finance director a written
statement sending forth the grounds for appeal.
C. The city’s finance director shall transmit the written statement to the city manager
within ten days of its receipt and the city manager shall set a time and place for a
hearing on the appeal. The city manager may designate an authorized
representative to conduct such hearing.
D. A hearing shall be set not later than twenty (20) days from the date of receipt of
the appellant’s written statement.
E. Notice of the time and place of the hearing shall be given to the appellant in the
same manner as provided for the mailing of notice of action decision.
F. The city manager or the city manager’s designee shall serve a decision on the
licensee within ten (10) days after the conclusion of the hearing on such appeal.
6.42.280: PENALTY FOR VIOLATION:
A. Any person violating any of the provisions or failure 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 in an amount of not less
than five hundred dollars ($500.00) for each offense.
B. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is committed,
continued or permitted by any such person, and he shall be punished accordingly.
C. The levy and/or payment of any payment or fine provided in this chapter shall not
be deemed a waiver of the power of the city to suspend, revoke or to refuse to
renew a license or to refuse to renew a license or to seek injunctive relief to enjoin
violations of this chapter or other applicable provisions of law.
6.42.290: SEVERABILITY:
If any provision, cause, sentence, paragraph, section or part of this chapter or application
thereof to any person or circumstance, shall or any reason to be adjudged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect,
impair or invalidate the remainder of this chapter 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
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477
chapter would have been adopted had such constitutional or invalid provisions, clause,
sentence, paragraph, section or part thereof not been included."
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: September 22, 2010
Passed: September 22, 2010
Vote: Yeas: 6 Nays: 0
Recorded: September 23 2010
Published: September 23, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
REMOVE ITEM 7 FROM THE CONSENT AGENDA AND TABLE THE ORDINANCE
PROVIDING FOR THE ISSUANCE OF $6,980,000 GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2010C, OF THE CITY OF ELGIN, KANE AND COOK
COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A
DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON SAID BONDS
Councilmember Kaptain made a motion, seconded by Councilmember Warren, to remove the
ordinance above from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Dunne,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Councilmember Warren made a motion, seconded by Councilmember Kaptain, to table the
above ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen,
Warren, and Mayor Schock. Nays: None.
SEPTEMBER 22, 2010 VOLUME LXXV
478
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Kaptain, to pass Ordinance No. G42-10 and adopt Resolution Nos. 10-179 through 10-183 by
omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen,
Warren, and Mayor Schock. Nays: None.
RESOLUTION 10-179 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF
SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS)
Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-179
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
PUBLIC ACTION TO DELIVER SHELTER (PADS)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a Purchase of Service Agreement on behalf of the City of
Elgin with Public Action to Deliver Shelter (PADS) for financial assistance in providing
overnight shelter and meals to the homeless, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Adopted: September 22, 2010
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
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479
RESOLUTION 10-180 ADOPTED AUTHORIZING EXECUTION OF AGREEMENTS
WITH CASEY EQUIPMENT FOR RENTAL OF WHEEL LOADERS FOR THE CITY'S
SALT STORAGE FACILITIES
Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-180
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENTS WITH
CASEY EQUIPMENT FOR RENTAL OF WHEEL LOADERS
FOR THE CITY’S SALT STORAGE FACILITIES
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 Sean R. Stegall, City Manager, Diane Robertson,
City Clerk, be and are hereby authorized and directed to execute two agreements on behalf of the
City of Elgin with Casey Equipment for the rental of two wheel loaders for the city’s salt storage
facilities, copies of which are attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Adopted: September 22, 2010
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-181 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS WITHIN LAMBERT LANE
RIGHT-OF-WAY (OAK RIDGE SUBDIVISION)
Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
SEPTEMBER 22, 2010 VOLUME LXXV
480
Resolution No. 10-181
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC
IMPROVEMENTS WITHIN LAMBERT LANE RIGHT-OF-WAY
(Oak Ridge Subdivision)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance within Lambert Lane right-
of-way the following public improvements: approximately 453 lineal feet of 12-inch storm
sewer, 72 lineal feet of 18-inch storm sewer, 160 lineal feet of 30-inch storm sewer, six catch
basins, four storm manholes, four street lights, 800 lineal feet of improved street (including curb
and gutter on both sides of the street) and their appurtenances to the city-maintained facilities.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Adopted: September 22, 2010
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-182 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC
INCENTIVE AGREEMENT WITH ROSEN HYUNDAI OF ALGONQUIN, LLC D/B/A
ROSEN KIA OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-182
RESOLUTION
AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT
WITH ROSEN HYUNDAI OF ALGONQUIN, LLC D/B/A ROSEN KIA OF ELGIN
(845 East Chicago Street)
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 Economic Incentive Agreement with Rosen Hyundai of Algonquin LLC
d/b/a Rosen Kia of Elgin on behalf of the City of Elgin for economic development assistance in
VOLUME LXXV SEPTEMBER 22, 2010
481
connection with the property commonly known as 845 East Chicago Street, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Adopted: September 22, 2010
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-183 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (PORTION OF 513 DUNDEE AVENUE)
Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-183
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(Portion of 513 Dundee Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a real estate sales contract on behalf of the City of Elgin with
Ashok Mehta and Prabha Mehta, for the purchase of property commonly known as a portion of
513 Dundee Avenue, for $6,800, a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
SEPTEMBER 22, 2010 VOLUME LXXV
482
Presented: September 22, 2010
Adopted: September 22, 2010
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G42-10 PASSED GRANTING CONDITIONAL USE APPROVAL TO
PERMIT A PROGRAM FOR GRAPHICS (1600 DUNDEE AVENUE)
Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G42-10
AN ORDINANCE
GRANTING CONDITIONAL USE APPROVAL TO PERMIT
A PROGRAM FOR GRAPHICS
(1600 Dundee Avenue)
WHEREAS, written application has been made for conditional use approval to permit a
program for graphics in the CF Community Facility District at 1600 Dundee Avenue; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its Findings of Fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated August 18, 2010, 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 conditional use approval to permit a program for graphics in the CF
Community Facility District at 1600 Dundee Avenue and legally described as follows:
Part of the South Half of Section 35, and part of the Southwest Quarter of
Section 36, Township 42 North, Range 8 East of the Third Principal
Meridian,described as follows: Beginning at the Southeast corner of said
VOLUME LXXV SEPTEMBER 22, 2010
483
Section 35; thence West along the base line 48.59 chains to the East line of the
Fox River Valley Railroad; thence Northerly along said line to a point 21.18
chains North of said base line; thence East 16.22 chains to the center of the
River Road, so called, leading from East Dundee to Elgin; thence South 59 ½
degrees East along the center of said road 2.40 chains; thence South 73 degrees
East along the center of said road 4 chains; thence South 42 ¾ degrees East
along the center of said road 11.10 chains; thence South 62 ¼ degrees East
5.70chains to the center of the public road from Dundee to Elgin; thence 24 ½
degrees East along the center of said road 4.96 chains to the South line of F.H.
Bosworth’s land; thence 82 ¼ degrees 28.19 chains to the West line of Charles
Hawkin’s land; thence South ½ degree West along said line 10.45 chains to
said base line; thence West along said base line 13.85 chains to the point of
beginning; Also the triangular piece of land lying North of said base line and
between the Westerl y line of the right of way of said railroad and Fox River in
the Township of Dundee, Kane County, Illinois, (Excepting therefrom the right
of way of the Carpentersville, Elgin, and Aurora Railway Company; and also
excepting therefrom that part of the Southeast Quarter of Section 35 and part of
the Southwest Quarter of Section 36, all in the Township 42 North, Range 8
East of the Third Principal Meridian described as follows: Beginning at the
Southwest corner of the Southwest Quarter of said Section 36; thence East
along the South line of said Southwest Quarter 914.10 feet: thence Northerly
along a line forming an angle of 89 degrees 28 minutes to the left with the
prolongation of the last described course 639.5 feet; hence Northwesterly along
a line forming an angle of 82 degrees 26 minutes to the left of the prolongation
of the last described course 1894.23 feet to the center line of State Route
Number 25; thence Southwesterly along said centerline to the South line of the
Southeast Quarter of said Section 35; thence East along aid South line to the
point of beginning), in Kane County, Illinois (Property Commonly Known as
1707 North Randall Road).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance, submitted
with the development application, prepared by Jon Neville, Business Manager, dated July
23, 2010.
2. Substantial conformance to the Proposed Monument Sign, prepared by Silva Architects,
dated July 16, 2010.
3. Substantial conformance to the Site/Landscape Plan, prepared by Silva Architects, dated
July 27, 2010.
4. One freestanding monument style sign located along Interstate 90, with a maximum
surface area of 120 square feet and a maximum height of 10 feet, shall be the only
additional monument sign allowed to be added on the property at 1600 Dundee Avenue
as mitigation for the departures from the requirements of the street graphics ordinance.
SEPTEMBER 22, 2010 VOLUME LXXV
484
5. Compliance with all other codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established within one
year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 22, 2010
Passed: September 22, 2010
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: September 23 2010
Published: September 23, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Warren made a motion, seconded by Councilmember Steffen, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Human Relations Commission – May, 4, 2010, June 1, 2010, & July 13, 2010
Centre Advisory Board – August 12, 2010
Committee of the Whole Minutes – August 25, 2010
City Council Minutes – August 25, 2010
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
VOLUME LXXV SEPTEMBER 22, 2010
485
ADJOURNMENT
Councilmember Steffen made a motion, seconded by Councilmember Warren, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen,
Warren, and Mayor Schock. Nays: None.
The meeting adjourned at 8:08 p.m.
s/ Diane Robertson October 13, 2010
Diane Robertson, City Clerk Date Approved