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SEPTEMBER 14, 2011 VOLUME LXXVI
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 14,
2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:42 p.m.
The Invocation was given by Reverend Lashea Tennysen from the Second Baptist Church and
the Pledge of Allegiance was led by Eleanor Richoz.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Absent: None.
MINUTES OF THE AUGUST 24, 2011, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to approve the
August 24, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays:
None.
COMMUNICATIONS
Latino Heritage Month Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, the period of September 15 through October 15 has been
proclaimed National Hispanic Heritage Month; and
WHEREAS, Hispanic contributions to the Elgin community over the past years
have had a significant effect on the well-being of all Elginites; and
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WHEREAS, Hispanics of Mexican, Puerto Rican, Cuban, Central and South
American descent comprise the largest ethnic minority in Kane County and the City of Elgin;
and
WHEREAS, over half a dozen Latin American countries celebrate their
independence during the month of September.
NOW, THEREFORE, in recognition of the significance of the events and all
those succeeding events that have shaped the course of the United States’, Latin America’s,
the Greater Antilles’, and Elgin’s mutual histories, I, David Kaptain, Mayor of the great City of
Elgin, hereby salute the Elgin Hispanic Network, the Puerto Rican Heritage Organization, the
Hispanic Heritage Coalition, Organizacion de Mexicanos de Elgin, League of United Latin
American Citizens, Club Guadalupano, Ballet Folklorico Huehuecoyotl and Girasol, and Somos
Colombia for their civic efforts on behalf of Hispanic-Americans, and endorse the events and
celebration of Hispanic Heritage Month as an important cultural celebration, and do hereby
proclaim September 15 through October 15, 2010, as HISPANIC HERITAGE MONTH in
Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of
September, 2011.
s/ David J. Kaptain
David J. Kaptain
Mayor
National Wellness Week Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, behavioral health is an essential part of health and one’s overall
wellness, and prevention works, treatment is effective and people can and do recover from
substance use and mental disorders; and
WHEREAS, all people have the fundamental and inherent value to be accepted
and treated with respect, human dignity and worth; and
WHEREAS, individuals should have access to fully participate in community life
including economic advancement and prosperity; fair and decent housing; quality education; and
positive opportunities to benefit from and contribute to material, cultural, and social progress;
and
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WHEREAS, it is critical to educate our policymakers, friends and family
members, health care providers and businesses that substance use and mental disorders are
treatable, and that people should seek assistance for these conditions; and
WHEREAS, substance use and mental disorders are serious public health
problems. In 2009, 4.3 million people received treatment for a substance use disorder and 30.2
million people for a mental health problem; and
WHEREAS to help more people achieve long-term recovery and learn how
recovery positively benefits the Nation’s overall well-being, the U.S. Department of Health and
Human Services, the Substance Abuse and Mental Health Services Administration, the White
House Office of National Drug Control Policy, and the City of Elgin, invite all residents to
participate in the inauguration of National Wellness Week; and
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby
proclaim the week of September 19-25, 2011 as National Wellness Week and September 23 as
National Wellness Day and invite residents of Elgin to observe this week with appropriate
programs and events.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of
September, 2011.
s/ David J. Kaptain
David J. Kaptain
Mayor
Andersen’s Trophies 50th Anniversary Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Downtown Elgin has served as the home to many historic businesses
including the iconic Elgin Watch Company and Gail Borden Dairy; and
WHEREAS, the family-owned business has always served as one of the
hallmarks of the downtown business landscape; and
WHEREAS, businesses such as Kimball’s, Leath’s, Ackemann’s, Spiess, and
Keeney’s are as synonymous with the rich and vibrant history of downtown Elgin as the families
who owned and ran these businesses for generations; and
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WHEREAS, Andersen’s has been providing custom engraving, trophies, wedding
invitations, graduation announcements, greeting cards, gifts and gold foil imprinting services to
the Elgin community since Mr. S.J. Andersen opened his original shop on 170 DuPage in
September 1961; and
WHEREAS, in 2011, Andersen’s is celebrating a landmark 50 years of service in
downtown Elgin.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do
hereby proclaim September 21, 2011, as ANDERSEN’S ENGRAVING DAY in Elgin and ask
all citizens to continue to patronize this second-generation, family-owned, downtown Elgin
institution.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of
September, 2011.
s/ David J. Kaptain
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Angel Chairez, a founder of Calabo Music, explained their philosophy and offered their services
for events in the City.
Danise Habun, from the Neighborhood Housing Services of the Fox Valley, reminded everyone
that the Fall Neighborworks event would be held on September 24th in the Northeast
neighborhood (NENA). She also noted there was still time to volunteer.
Brenda Rodgers, a local realtor, addressed the Council about concerns with the administration of
the vacant building ordinance.
Marcus Banner addressed the Council regarding the discipline of a police Sergeant.
Fred Rasmussen described his experience with the City during a water meter replacement. He
noted that during the process their water was shut off and expressed concerns regarding customer
service.
Andrew Kwiatkowski, a resident of the River Park Place, expressed concerns about any potential
nightclubs opening at 200 Prairie Street. His main concern was the establishment being issued a
2 a.m. liquor license.
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BID 11-019 AWARDED TO ZEIGLER’S ACE HARDWARE FOR PURCHASE OF
BIODEGRADEABLE PAPER BAG SALES AND DISTRIBUTION TO PROVIDE YARD
WASTE BAGS FOR THE FALL LEAF COLLECTION PROGRAM IN DESIGNATED
BAGGING AREAS
Councilmember Powell suggested looking into the viability of this program next year.
Councilmember Prigge made a motion, seconded by Councilmember Steffen, to award
biodegradable paper bag sales and distribution bid to Zeigler’s Ace Hardware for $38,303. Upon
a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and
Mayor Kaptain. Nays: None.
BID 11-037A AWARDED TO ESSCOE SYSTEMS FOR PURCHASE OF FOR
SECURITY CAMERA AND DVR REPLACEMENT AT VARIOUS LOCATIONS
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to award bid to
purchase of security camera and DVR replacement at various locations to Esscoe Systems for
$55,983. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
BID 11-039 AWARDED TO IHC CONSTRUCTION COMPANIES LLC OF ELGIN,
ILLINOIS FOR THE AIRLITE WATER TREATMENT PLANT IMPROVEMENTS
Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the
Airlite Water Treatment Plant Improvements bid to IHC Construction Companies,
L.L.C. of Elgin, Illinois for $9,544,400. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
PETITION 15-11 APPROVED REQUESTING AN AMENDMENT TO THE TEXT OF
TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE, BY THE CITY OF ELGIN’S
BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE , AS APPLICANT
Community Development Director Mylott introduced the matter as a text amendment regarding
imposing on new developments and others that meet certain thresholds to provide bicycle
parking. Staff and the Planning and Development Commission recommended approval of the
ordinance as presented.
The Council discussed the requirement regarding mandating bike parking in manufacturing and
warehousing areas.
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Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve
Petition 15-11 subject to conditions including item three which included bicycle racks being
provided under uses classified under “Manufacturing, Warehousing, and Storage.” Upon a roll
call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor
Kaptain. Nays: None.
PETITION 16-11 REMOVED FROM THE TABLE REQUESTING A CONDITIONAL
USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT VARIOUS ACTIVITIES,
PROGRAMS, AND EVENTS; PROPERTY LOCATED AT 1600 BIG TIMBER ROAD
BY SERVANDO AND OLGA RODRIGUEZ AND MATEO AND IRIS PORTILLO, AS
APPLICANTS, AND SEIGLE INVESTMENTS, LLC-BIG TIMBER SERIES, AS
OWNER
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to remove the
item from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
PETITION 16-11 APPROVED REQUESTING A CONDITIONAL USE IN THE AB
AREA BUSINESS DISTRICT, TO PERMIT VARIOUS ACTIVITIES, PROGRAMS,
AND EVENTS; PROPERTY LOCATED AT 1600 BIG TIMBER ROAD BY SERVANDO
AND OLGA RODRIGUEZ AND MATEO AND IRIS PORTILLO, AS APPLICANTS,
AND SEIGLE INVESTMENTS, LLC-BIG TIMBER SERIES, AS OWNER
Community Development Director Mylott introduced the request for conditional use. The
Petitioner contends that allowing this use will complement the permitted use of a flea market that
is next to the subject location. Staff recommends approval of the conditional use.
The Council discussed the types of events the petitioner planned to have and at what scale. Also,
discussed were temporary uses for outside events.
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to approve
Petition 16-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Prigge.
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PETITION 21-11 APPROVED REQUESTING A DEVELOPMENT PLAN PURSUANT
TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G32-10, FOR THE
DEVELOPMENT OF AN OUTLOT WITHIN THE SUBDIVISION KNOWN AS THE
ELGIN WAL-MART/SAM’S CLUB SUBDIVISION; PROPERTY LOCATED AT 1000
SOUTH RANDALL ROAD; BY ATWELL, LLC., AS APPLICANTS AND WAL-MART
STORES, INC., SAM’S WEST, INC., AND SAM’S REAL ESTATE BUSINESS TRUST,
AS OWNERS
Community Development Director Mylott introduced the request noting that this request was for
a gas station and car wash. Staff and the Planning and Development Commission recommend
approval.
Councilmember Dunne asked about the landscaping and if there was sufficient landscaping
materials to shield the car wash.
There was a brief discussion regarding when the new Wal-Mart would open and what would
happen to the current site.
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve
Petition 21-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE G36-11 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR
DEALERS”
Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Steffen, and Mayor Kaptain. Nays: Prigge.
Ordinance No. G36-11
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers” be and is hereby further amended by further amending Section
6.06.040, entitled “License Classes; Fees” by amending subsection X thereof to read as follows:
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“Class U and U-1:
1. Class U: For the retail sale of alcoholic liquor on the specified premises in any
public place kept, used, maintained, advertised and held out to the public as a
place where meals are served, and where meals actually are served and regularly
served, without sleeping accommodations, such space being provided with
adequate and sanitary kitchen facilities licensed and certified pursuant to the city's
retail food stores and food service establishments sanitation code, 77 Illinois
administrative code 750, and with dining room equipment and capacity and
having employed therein a sufficient number and kind of employees to prepare,
cook and serve suitable food for its guests. The intent of this license classification
is that the primary business conducted on the premises to be licensed shall be the
service of meals in a restaurant that also has an integrated tavern area. A full
menu, including entrees and appropriate side dishes, shall be available at all times
liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through
Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times,
in the event a full menu is not provided, a reduced menu, which includes only
appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be
available. Provided, the kitchen may cease operating no sooner than one hour
before closing.
A licensee holding a class U license may sell or permit to be sold alcoholic
liquors daily from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the
following day. A licensee holding a class U license may also sell or permit to be
sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving
Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day
and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00)
A.M. the following day. All such liquor service shall be by the drink only,
excepting vinous beverages by the bottle or carafe, or beer by the pitcher of a
capacity not to exceed sixty (60) ounces.
There shall be no exterior signage on any premises issued a class U liquor license
indicating or advertising the sale of alcoholic liquor.
The license fee per year is two thousand five hundred dollars ($2,500.00).
2. Class U-1: For the retail sale of alcoholic liquor on the specified premises in any
public place kept, used, maintained, advertised and held out to the public as a
place where meals are served, and where meals actually are served and regularly
served, without sleeping accommodations, such space being provided with
adequate and sanitary kitchen facilities licensed and certified pursuant to the city's
retail food stores and food service establishments sanitation code, 77 Illinois
administrative code 750, and with dining room equipment and capacity and
having employed therein a sufficient number and kind of employees to prepare,
cook and serve suitable food for its guests. The intent of this license classification
is that the primary business conducted on the premises to be licensed shall be the
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service of meals in a restaurant that also has an integrated tavern area. A full
menu, including entrees and appropriate side dishes, shall be available at all times
liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through
Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times,
in the event a full menu is not provided, a reduced menu, which includes only
appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be
available. Provided, the kitchen may cease operating no sooner than one hour
before closing.
There shall be no exterior signage on any premises issued a Class U-1 liquor
license indicating or advertising the sale of alcoholic liquor.
The license fee per year is two thousand five hundred dollars ($2,500.00).”
Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers” be and is hereby further amended by further amending Section
6.06.050, entitled “Licenses; Number To Be Issued” to add the following new subsection to read
as follows:
“The number of Class U-1 licenses shall not exceed one (1) in number.”
Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers” be and is hereby amended by amending subparagraph A of Section
6.06.115, entitled “Basset Training Requirements,” to read as follows:
“For licenses effective on or after May 1, 1990, the original or renewal
application for a Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, F, F-1, G, J.
K, N, N-1, O, P, R, R-1, S, T, U, U-1 and X license shall be accompanied with
proof of completion of a State certified Beverage Alcohol Sellers and Service
Education and Training Program” (BASSET) for all persons who serve or sell
alcoholic beverages pursuant to that license.”
Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Dealers” be and is hereby further amended by amending subparagraph A of Section
6.06.117, entitled “Service Hours” to read as follows:
“A. A licensee holding a class A, AA, B, B-1, B-2, B-3, C, D, E, E-1, E-2, E-3, F,
F-1, G, H, I, J, O, P, S, T or U-1 license may sell or permit to be sold alcoholic
liquors only between the following hours:
Monday through Thursday: Six o’clock (6:00) A.M. until one o’clock (1:00) A.M.
the following day.
Friday and Saturday: Six o’clock (6:00) A.M. until two o’clock (2:00) A.M. the
following day.
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Sunday: Nine o’clock (9:00) A.M. until one o’clock (1:00) A.M. the following
day.
New Year’s Eve: Three o’clock (3:00) A.M. the following day.”
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 6. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
David J. Kaptain, Mayor
Presented: September 14, 2011
Passed: September 14, 2011
Vote: Yeas: 7 Nays: 0
Recorded: September 14, 2011
Published: September 16, 2011
Attest:
Kimberly Dewis, City Clerk
AUTHORIZATION OF PAYMENTS
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, authorize
payments as presented. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
PAYEE AMOUNT REASON
Illinois Hydraulic
South Elgin, IL
$69,155.46 Emergency Sewer Sinkhole Repair at 210
Jackson Street
CONSENT AGENDA
By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember
Dunne, to pass Ordinance No. G32-11 through 35-11 and adopt Resolution Nos. 11-156 through
11-159 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
SEPTEMBER 14, 2011 VOLUME LXXVI
388
RESOLUTION 11-156 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 3B
SUBDIVISION
Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-156
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
IN PROVIDENCE UNIT 3B 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 the public improvements in
the Providence Unit 3B Subdivision which include sanitary sewer, water main, storm sewer,
pavement, sidewalk, street lights, signs, parkway trees, and their appurtenances within the public
right-of-way and will add the following city-maintained facilities: approximately 5,041 lineal
feet of 8-inch water main; 1,470 lineal feet of 12-inch water main; nine, 8-inch valves in 4-foot
vaults; three, 12-inch valves in 5-foot vaults; 18 fire hydrants; 7,141 lineal feet of 8-inch sanitary
sewer; 29 sanitary manholes; 1,577 lineal feet of 12-inch storm sewer; 1,112 lineal feet of 15-
inch storm sewer; 452 lineal feet of 18-inch storm sewer; 1,067 lineal feet of 21-inch storm
sewer; 195 lineal feet of 27-inch storm sewer; 683 lineal feet of 30-inch storm sewer; 62 lineal
feet of 36-inch storm sewer; 47 catch basins; 42 storm manholes; 19 street lights; 20 street signs;
4,164 lineal feet of improved street (including curb and gutter, parkway and sidewalk on both
sides of the street).
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 14, 2011
Adopted: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXVI SEPTEMBER 14, 2011
389
RESOLUTION 11-157 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 3C
SUBDIVISION
Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-157
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
IN PROVIDENCE UNIT 3C 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 the public improvements in
the Providence Unit 3C Subdivision which include sanitary sewer, water main, storm sewer,
pavement, sidewalk, street lights, signs, parkway trees, and their appurtenances within the public
right-of-way and will add the following city-maintained facilities: approximately 1,974 lineal
feet of 8-inch water main; four, 8-inch valves in 4-foot vaults; 7 fire hydrants; 1,525 lineal feet of
8-inch sanitary sewer; 12 sanitary manholes; 1,333 lineal feet of 12-inch storm sewer; 166 lineal
feet of 15-inch storm sewer; 105 lineal feet of 18-inch storm sewer; 40 lineal feet of 21-inch
storm sewer; 359 lineal feet of 30-inch storm sewer; 11 catch basins; 18 storm manholes; 6 street
lights; 7 street signs; 1,537 lineal feet of improved street (including curb and gutter, parkway and
sidewalk on both sides of the street).
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 14, 2011
Adopted: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SEPTEMBER 14, 2011 VOLUME LXXVI
390
RESOLUTION 11-158 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR THE NORTH
COMMONWEALTH AND DEMMOND SANITARY SEWER ENGINEERING
ANALYSIS PROJECT
Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-158
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH
ENGINEERING ENTERPRISES, INC. FOR THE NORTH COMMONWEALTH AND
DEMMOND SANITARY SEWER ENGINEERING ANALYSIS PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin
with Engineering Enterprises, Inc. for the North Commonwealth and Demmond Sanitary Sewer
Engineering Analysis Project, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 14, 2011
Adopted: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-159 ADOPTED AUTHORIZING EXECUTION OF SALES AND
SUBSCRIPTION AGREEMENT WITH ALL TRAFFIC SOLUTIONS FOR
ELECTRONIC RADAR SPEED DISPLAY SIGNS
Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVI SEPTEMBER 14, 2011
391
Resolution No. 11-159
RESOLUTION
AUTHORIZING EXECUTION OF SALES AND SUBSCRIPTION AGREEMENT
WITH ALL TRAFFIC SOLUTIONS FOR ELECTRONIC
RADAR SPEED DISPLAY SIGNS
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 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 sales and subscription agreement on behalf of the City of Elgin with All Traffic
Solutions for electronic radar speed display signs, a copy of which is attached hereto and made a
part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 14, 2011
Adopted: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G32-11 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
SEPTEMBER 14, 2011 VOLUME LXXVI
392
Ordinance No. G32-11
AN ORDINANCE
AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended,
entitled “Stop Intersections” be and is hereby further amended by adding the following:
“Knollwood Drive at Brookside Drive"
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect ten days after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 14, 2011
Passed: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 14, 2011
Published: September 16, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G33-11 PASSED APPROVING AND ADOPTING THE NATIONAL
STREET STATION AREA PLAN AS AN AMENDMENT TO THE COMPREHENSIVE
PLAN AND DESIGN GUIDELINES OF 2005
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVI SEPTEMBER 14, 2011
393
Ordinance No. G33-11
AN ORDINANCE
APPROVING AND ADOPTING THE NATIONAL STREET STATION AREA
PLAN AS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND
DESIGN GUIDELINES OF 2005
WHEREAS, the City of Elgin has heretofore adopted the Comprehensive Plan and
Design Guidelines of 2005 for the City of Elgin; and
WHEREAS, on October 4, 2010, the Planning and Development Commission of the City
of Elgin conducted a public hearing on the proposed National Street Station Area Plan; and
WHEREAS, all persons appearing and desiring to be heard concerning said proposed
National Street Station Area Plan were heard at said public hearing; and
WHEREAS, the Planning and Development Commission has heretofore submitted its
findings and recommendation for the proposed National Street Station Area Plan; and
WHEREAS, the corporate authorities of the City of Elgin find and determine that it is in
the best interest of the City of Elgin to adopt the proposed National Street Station Area Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the National Street Station Area Plan, dated September 2011, a copy of
which is attached hereto and made a part hereof by reference, is hereby approved and adopted as
an amendment to the Comprehensive Plan and Design Guidelines of 2005.
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 from and after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
SEPTEMBER 14, 2011 VOLUME LXXVI
394
Presented: September 14, 2011
Passed: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 14, 2011
Published: September 16, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G34-11 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE
PROCESSING AND PACKAGING OF MEAT PRODUCTS IN THE PGI PLANNED
GENERAL INDUSTRIAL DISTRICT 500 BIRD STREET
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G34-11
AN ORDINANCE GRANTING A CONDITIONAL USE
TO PERMIT THE PROCESSING AND PACKAGING OF
MEAT PRODUCTS IN THE PGI PLANNED
GENERAL INDUSTRIAL DISTRICT
(500 Bird Street)
WHEREAS, written application has been made granting a conditional use to permit the
processing and packaging of meat products in the PGI Planned General Industrial District at 500
Bird Street; 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 3, 2011, 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.
VOLUME LXXVI SEPTEMBER 14, 2011
395
Section 2. That a conditional use to permit the processing and packaging of meat
products in the PGI Planned General Industrial District at 500 Bird Street and legally described
as follows:
That Part of Lots 20 and 30 in Sears Addition to Elgin Described as Follows:
Commencing at the Southwest Corner of Lot 29 in Said Sears Addition; Thence
Southeasterly Along the South Line of Lots 29 and 30, Being also the Northerly
Line of Wing Street, 135.0 Feet for the Point of Beginning; Thence Northerly
Parallel with the East Line of North Crystal Avenue 215.76 Feet to the North Line
of Said Lot 30; Thence Easterly Along the North Line of Said Lots 30 and 20
89.29 Feet to the East Line of Said Lot 20; Thence Southerly Along Said East
Line 233.91 Feet to Said Northerly Line of Wing Street; Thence Northwesterly
Along Said Northerly Line 92.0 Feet to the Point of Beginning, in the City of
Elgin, Kane County, Illinois (Property commonly known as 500 Bird Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Petitioner’s Application and Statement of
Purpose and Conformance, submitted by Lonnie A. Peterson, dated received
July 5, 2011, and dated July 11, 2011. In the event of any conflict between
such Application and Statement of Purpose and Conformance and applicable
city ordinances, the applicable city ordinances shall supersede and control.
2. Substantial conformance to the Petitioner’s Floor Plan, submitted by Lonnie
A. Peterson, dated received July 5, 2011.
3. The parking lot stalls on site shall be striped according to the parking lot
striping plan dated received July 5, 2011.
4. Existing vehicle use area shrubs at the entrance to the subject property must
be trimmed to meet line of sight control area standards (EMC19.12.600).
5. Shrubs shall be planted in front of the chain link fence ajacent to Wing
Street.
6. 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/ David J. Kaptain
David J. Kaptain, Mayor
SEPTEMBER 14, 2011 VOLUME LXXVI
396
Presented: September 14, 2011
Passed: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 14, 2011
Published: September 16, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G35-11 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976 AS AMENDED, ENTITLED “ZONING”
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G35-11
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED, “ZONING”
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance
regarding the manner in which upper floor residential dwellings and the retail sales of used
merchandise are regulated within the CC1 and CC2 center city zoning districts; and,
WHEREAS, the planning and development commission held a public hearing concerning
the proposed amendments after due notice in manner provided by law; and,
WHEREAS, the planning and development commission has forwarded the proposed
amendments to the city council with a recommendation for approval; and
WHEREAS, the community development group recommends the requested amendment
be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 19.35.530 A. of the Elgin Municipal Code, 1976, as amended,
entitled “Business Districts, Land Use, Permitted Uses” for the CC1 center city district be and is
hereby amended as follows:
VOLUME LXXVI SEPTEMBER 14, 2011
397
That new Section A.1. “Residences division” is created, that “Upper floor
apartment dwelling [SR] (UNCL)” is added as a permitted use there under, and
that Section A. shall be renumbered accordingly.
Section 2. That Section 19.35.530 B.1. of the Elgin Municipal Code, 1976, as amended,
entitled “Business Districts, Land Use, Conditional Uses, Residences division” for the CC1
center city district be and is hereby deleted, and Section B shall be renumbered accordingly.
Section 3. That Section 19.35.730 A. of the Elgin Municipal Code, 1976, as amended,
entitled “Business Districts, Land Use, Permitted Uses” for the CC2 center city district be and is
hereby amended as follows:
That new Section A.1. “Residences division” is created, that “Upper floor
apartment dwelling [SR] (UNCL)” is added as a permitted use there under, and
that Section A. shall be renumbered accordingly.
Section 4. That Section 19.35.730 B.1. of the Elgin Municipal Code, 1976, as amended,
entitled “Business Districts, Land Use, Conditional Uses, Residences division” for the CC2
center city district be and is hereby deleted, and Section B shall be renumbered accordingly.
Section 5. That Section 19.40.535 K. of the Elgin Municipal Code, 1976, as amended,
entitled “Industrial Districts, Site Design” for the CI commercial industrial district be and is
hereby deleted.
Section 6. That Section 19.90.015, entitled “Supplementary Regulations, Definitions and
Regulations,” of the Elgin Municipal Code, 1976, as amended, be and is hereby furt her amended
to include the following:
CENTER CITY USED MERCHANDISE STORE: See “Used Merchandise Store,
Center City” in this Section.
USED MERCHANDISE STORE, CENTER CITY: A “business” [SR] which sells
antique, used, or secondhand home furnishings, furniture, glassware, art, architectural
artifacts, clothing, shoes, books, musical instruments, and other like wares. Center city
used merchandise stores shall be subject to the following supplementary regulations:
A. Maximum Floor Area: The “floor area” [SR] for a "center city used merchandise
store" [SR] shall not exceed three thousand five hundred (3,500) square feet.
B. Maximum Tenants: A “center city used merchandise store” [SR] shall contain no
more than five (5) clear and distinct areas operated by a dealer, tenant, sub-tenant,
lessor, sub-lessor, or other operator different from the principal operator.
C. Donations: If the “center city used merchandise store” [SR] accepts donations of
goods from third parties, the establishment shall post in a conspicuous place at all
entrances a sign stating that donations are not accepted before or after regular
business hours and that any donations made before or after regular business hours
shall be considered unlawful dumping and subject to prosecution.
SEPTEMBER 14, 2011 VOLUME LXXVI
398
D. Weaponry: No “center city used merchandise store” [SR] shall display or offer
for sale, trade, or any other form of exchange any weapon, ammunition,
explosive, or projectile of any type, including but not limited to fireworks,
firearms, guns, revolvers, pistols, rifles, cannons, swords, knives, bayonets,
slingshots, metallic knuckles, martial arts weaponry such as throwing stars or
numchucks, or bows and arrows.
Section 19.90.015 shall be re-alphabetized accordingly.
Section 7. That Section 19.35.530 A. of the Elgin Municipal Code, 1976, as amended,
entitled “Business Districts, Land Use, Permitted Uses, Retail trade division” for the CC1 center
city district be and is hereby amended as follows:
That “Used merchandise store, center city [SR] (593)” is added as a permitted use there
under, and that Section A.5. shall be re-alphabetized accordingly.
Section 8. That Section 19.35.530 B. of the Elgin Municipal Code, 1976, as amended,
entitled “Business Districts, Land Use, Conditional Uses, Retail trade division” for the CC1
center city district be and is hereby amended as follows:
That “Used merchandise store [SR] (593)” is hereby deleted, and that Section B.6. shall
be re-alphabetized accordingly.
Section 9. That Section 19.35.730 A. of the Elgin Municipal Code, 1976, as amended,
entitled “Business Districts, Land Use, Permitted Uses, Retail trade division” for the CC2 center
city district be and is hereby amended as follows:
That “Used merchandise store, center city [SR] (593)” is added as a permitted use there
under, and that Section A.5. shall be re-alphabetized accordingly.
Section 10. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 11. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVI SEPTEMBER 14, 2011
399
Presented: September 14, 2011
Passed: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 14, 2011
Published: September 16, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Budget Advisory Task Force August 9 and 16, 2011
Emergency Telephone System Board July 21, 2011
Police Pension Board August 8, 2011
Committee of the Whole Minutes August 10, 2011
City Council Minutes August 10, 2011
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to adjourn and go
into the Executive Session for the purpose of discussing the following matters. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor
Kaptain. Nays: None.
Discussion of Minutes of Meetings Lawfully Closed Under This Act - Exempt Under
Section 120/2(c)(21) of the Open Meetings Act
Setting of a Price for Sale or Lease of Property Owned by the Public Body -
Exempt Under Section 120/2(c)(6) of the Open Meetings Act
SEPTEMBER 14, 2011 VOLUME LXXVI
400
Appointment, Employment, Compensation, Discipline, Performance or Dismissal
of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of
the Open Meetings Act
The meeting adjourned at 8:52 p.m.
s/ Kimberly Dewis September 28, 2011
Kimberly Dewis, City Clerk Date Approved