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VOLUME LXXVI SEPTEMBER 28, 2011
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 28,
2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:02 p.m.
The Invocation was given by Dale Jaacks from God’s Oasis and the Pledge of Allegiance was
led by Corporation Counsel Bill Cogley.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Absent: None.
MINUTES OF THE SEPTEMBER 14, 2011, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the
September 14, 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
Presentation by Muscular Dystrophy Association
A representative from the Muscular Dystrophy Association (MDA) thanked members of the
Local 439 Firefighters for their work on the Fill the Boot campaign. They also provided an
overview on how they use the funds that were raised.
Home and Community Education Month
Mayor Kaptain read the following proclamation:
WHEREAS, Illinois Association for Home and Community Education was organized under the
name Illinois Home Bureau Federation for the purpose of improving rural living and family and
community life; and
SEPTEMBER 28, 2011 VOLUME LXXVI
402
WHEREAS, Illinois Association for Home and Community Education was initiated in July,
1915; an Advisor was hired by the University of Illinois to develop a home improvement association.
Kane County joined this University of Illinois Extension program in 1918; and
WHEREAS, Illinois Association for Home and Community Education evolved from Kane
County Home Bureau Federation to Kane County Homemakers Education Association to the 2008
change, Kane County Association for Home and Community Education; and
WHEREAS, Kane County Association for Home and Community Education is based at the
University of Illinois Extension, 535 Randall Road, St. Charles, Illinois; and
WHEREAS, Kane County Association for Home and Community Education is dedicated to
addressing the issues of community outreach, cultural enrichment, family living, international study,
public relations and community involvement for the entire population of Kane County, regardless of race
color, national origin, sex, age or creed;
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, congratulate the
Plato Center Unit of Kane County Association for Home and Community Education and designate the
month of October as HCE Month. Week one will honor the National 4-H Club and weeks following will
honor Illinois HCE. Displays will be on exhibit at The Centre the first two weeks of October.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th Day of September, 2011
s/David J. Kaptain
David J. Kaptain
Mayor
Reverend Jesse Jackson Birthday Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, The Reverend Jesse Louis Jackson, Sr., founder and president of the Rainbow
PUSH Coalition, is one of America’s foremost civil rights, religious and political figures, celebrates his
70th birthday this month of September 2011; and
WHEREAS, Reverend Jackson was born on October 8, 1941 in Greenville, South Carolina where
he attended public school and North Carolina A&T State University where he graduated in 1964; and
WHEREAS, Reverend Jackson married his college sweetheart Jacqueline Lavinia Brown in 1963
and they have five children together; and
WHEREAS, he began his theological studies at Chicago Theological Seminary but deferred his
education when he began working full-time in the Civil Rights Movement with Dr. Martin Luther King,
Jr. He was later ordained on June 30, 1968 and received his Master of Divinity degree in 2000; and
WHEREAS, in 1984, Reverend Jackson founded the National Rainbow Coalition, later known as
the Rainbow PUSH Coalition, a social justice organization based in Washington, D.C devoted to political
empowerment, education and changing public policy; and
VOLUME LXXVI SEPTEMBER 28, 2011
403
WHEREAS, Reverend Jackson’s two presidential campaigns broke new ground in U.S. politics.
His 1984 campaign registered over one million new voters, won 3.5 million votes, and helped the
Democratic Party regain control of the Senate in 1986. His 1988 campaign registered over two million
new voters, won seven million votes, and helped boost hundreds of state and local elected officials into
office; and
WHEREAS, in 1991, Reverend Jesse Jackson was elected Senator of Washington, D.C.,
advocating for statehood for the nation’s capital and advancing the “rainbow” agenda at the national and
international levels; and
WHEREAS, on August 9, 2000, President Bill Clinton awarded Reverend Jackson the
Presidential Medal of Freedom, the nation's highest civilian honor.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby proclaim
September 30th, 2011 a day of celebration for Reverend Jesse L Jackson Sr. for dedicated service to the
nation and to mankind.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of September, 2011
s/David J. Kaptain
David J. Kaptain
Mayor
Firefighters Local 439 Breast Cancer Awareness Presentation
A brief presentation was provided by members of the Fire Department about the pink truck tour
and their t-shirt sales to support women’s cancer.
RECOGNIZE PERSONS PRESENT
John Rothenberger, former City of Elgin employee, discussed building code policies during his
tenure and current interpretations of these policies.
Bill Werst discussed his role on the Mobility and Transportation Work Group of the
Sustainability Committee and the future of the Chicago Street Train Station.
Chuck Keysor, member of the Elgin Octave, presented results from a brief survey the Elgin
Octave conducted regarding the business license.
Leslie Thomas expressed concerns about sewer back ups in his neighborhood.
SEPTEMBER 28, 2011 VOLUME LXXVI
404
BID 11-046 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT
CHEMICALS
Councilmember Prigge made a motion, seconded by Councilmember Steffen, to approve
contracts with Alexander Chemical for Chlorine, Carus Corporation for Potassium Permanganate
and Carmeuse Lime for Lime in the amount of $1,080,827 in order to provide purified drinking
water to Elgin businesses and residents. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
BID 11-047 AWARDED TO FILOTTO CONSTRUCTION FOR ROOF REPAIRS AT
VARIOUS BUILDINGS
Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve a
contract with Filotto Construction for roof repairs at various locations in the amount of $68,230.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Nays: None.
BID 11-049 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT
CHEMICALS
Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve
contracts with Standard Purification for Powdered Activated Carbon, Thatcher Company of
Montana for Soda Ash, General Chemical for Ferric Sulfate, Tanner for Ammonia Bulk,
USALCO for Alum and KA Steel for Caustic Soda in the amount of $1,228,040, in order to
provide purified drinking water to Elgin businesses and residents. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays:
None.
RESOLUTION 11-167 ADOPTED AUTHORIZING EXECUTION OF AN ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY FINANCIAL ASSISTANCE
AGREEMENT FOR STORMWATER MANAGEMENT BEST PRACTICES IN
CONNECTION WITH THE LORD STREET BASIN CSO GREEN INFRASTRUCTURE
RETROFIT PROJECT
Councilmember Moeller made a motion, seconded by Councilmember Steffen, 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 28, 2011
405
Resolution No. 11-167
RESOLUTION
AUTHORIZING EXECUTION OF AN ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY FINANCIAL ASSISTANCE AGREEMENT FOR
STORMWATER MANAGEMENT BEST PRACTICES
IN CONNECTION WITH THE LORD STREET BASIN CSO GREEN
INFRASTRUCTURE RETROFIT PROJECT
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 an
Illinois Environmental Protection Agency Financial Assistance Agreement on behalf of the City
of Elgin for stormwater management best practices in connection with the Lord Street Basin
CSO Green Infrastructure Retrofit 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 28, 2011
Adopted: September 28, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-168 ADOPTED AUTHORIZING EXECUTION OF A SECOND
AMENDMENT AGREEMENT WITH B & W CONTROL SYSTEMS INTEGRATION,
LLC FOR WATER DEPARTMENT SUPERVISORY CONTROL AND DATA
ACQUISITION SYSTEM UPGRADES PROJECT
Councilmember Gilliam 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.
SEPTEMBER 28, 2011 VOLUME LXXVI
406
Resolution No. 11-168
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT
WITH B & W CONTROL SYSTEMS INTEGRATION, LLC FOR
WATER DEPARTMENT SUPERVISORY CONTROL AND DATA
ACQUISITION SYSTEM UPGRADES 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 a second amendment agreement on behalf of the City of Elgin
with B & W Control Systems Integration, LLC for Water Department Supervisory Control and
Data Acquisition System Upgrades 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 28, 2011
Adopted: September 28, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-169 ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF
ELGIN’S INSURANCE PROGRAM
Councilmember Powell made a motion, seconded by Councilmember Moeller, 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. 11-169
RESOLUTION
ACCEPTING THE PROPOSALS
FOR THE CITY OF ELGIN'S INSURANCE PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
VOLUME LXXVI SEPTEMBER 28, 2011
407
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 proposals on behalf of the City of Elgin for the city’s insurance p rogram commencing
October 1, 2011 as follows:
a. To accept Travelers’ renewal proposal for liability and crime insurance for
an annual premium of $458,345.
b. To accept Public Entity Property Insurance Program’s (PEPID) proposal
for property, inland marine and cyber liability insurance for an annual
premium of $188,233.
c. To accept Safety National’s renewal proposal for excess workers’
compensation insurance for an annual premium of $95,107.
d. To accept Indian Harbor’s renewal proposal for pollution liability
insurance for a three year premium of $63,984.
e. To accept Claim Management’s renewal proposal for workers’
compensation claims administration for an estimated annual cost of
$45,000.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, be and is hereb y authorized and directed to
execute a service agreement with Claim Management Consultants, LLC dated October 1, 2011, a
copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SEPTEMBER 28, 2011 VOLUME LXXVI
408
ORDINANCE G40-11 PASSED AMENDING ORDINANCE NO. G44-09
ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL
EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne abstained due to a
conflict of interest.
Ordinance No. G40-11
AN ORDINANCE AMENDING ORDINANCE NO. G44-09
ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME
AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN
PARKS AND RECREATION DEPARTMENT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS
that Ordinance No. G44-09 be and is hereby amended in its entirety to read as follows:
Section 1. That there is hereby established the following schedule of standard hourly
pay ranges for part time and seasonal Parks & Recreation employees as follows:
PAY STEP STEP STEP STEP STEP
POSITION TITLE GRADE 1 2 3 4 5
P.T. Pool - Guard 101 $8.25 $8.25 $8.50 $8.75 $9.00
P.T. Junior Leader U101 $7.75 $7.75 $8.00 $8.25 $8.50
P.T. Attendant 102 $8.25 $8.25 $8.50 $8.75 $9.00
P.T. Intern U102 $7.75 $7.75 $8.00 $8.25 $8.50
P.T. Pool - WSI Guard 103 $8.50 $8.75 $9.00 $9.25 $9.50
U103 $8.25 $8.25 $8.50 $8.75 $9.00
P.T. Babysitter 104 $8.25 $8.50 $9.00 $9.50 $10.00
P.T. Desk Clerk 105 $8.25 $8.75 $9.50 $10.25 $11.00
P.T. Pool - Assistant Head Guard 106 $9.00 $9.50 $10.00 $10.50 $11.00
P.T. Instructor - Asst. - Preschool 107 $8.25 $8.75 $9.50 $10.25 $11.00
VOLUME LXXVI SEPTEMBER 28, 2011
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P.T. Program Leader 108 $8.50 $8.75 $9.00 $9.25 $9.50
P.T. Program Leader-before &
after school program held in
School District 301
P.T. Program Leader –The Centre
after school program
P.T. Activity Supervisor 109 $9.00 $9.75 $10.50 $11.25 $12.00
P.T. Café/Concession Manager 110 $9.00 $10.00 $11.00 $12.00 $13.00
P.T. Pool - Manager 111 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Head Guard
P.T. Facility Supervisor
P.T. Facility Supervisor at the
ERC for weekend and evening
Supervision
P.T. Director/Program
Coordinator
P.T. Bartender 112 $10.00 $11.25 $12.50 $13.75 $15.00
P.T. Instructor - Preschool
P.T. Instructor - General
Recreation 113 $11.00 $12.00 $13.00 $14.00 $15.00
P.T. Youth Soccer Official 114 $15.50 $18.00 $18.00 $18.00 $18.00
P.T. Swim Team Coach 115 $12.00 $13.00 $14.00 $15.00 $16.00
P.T. Membership Sales Associate 116 $10.00 $12.00 $14.00 $16.00 $18.00
P.T. Instructor - Specialty 117 $14.00 $15.00 $16.00 $17.00 $18.00
P.T. Banquet Rental Coordinator
P.T. PreSchool Coordinator
P.T. Instructor - Group Fitness 118 $15.00 $18.75 $22.50 $26.25 $30.00
P.T. Instructor - GF Specialty 119 $20.00 $25.00 $30.00 $35.00 $40.00
P.T. Attendant - Clubhouse 120 $8.25 $8.60 $9.00 $9.40 $9.60
P.T. Attendant – ProShop Bowes
Creek
P.T. Attendant - Driving
Range/Carts 121 $8.25 $8.25 $8.50 $8.75 $9.00
P.T. Cart/Bag Attendants
P.T. Attendant - Starter/Ranger 122 $8.25 $8.25 $8.50 $8.75 $9.00
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P.T. Sales & Event Coordinator 123 $17.50 $18.00 $18.50 $19.00 $19.50
P.T. Outside Service Captain 124 $10.75 $11.00 $11.25 $11.50 $11.75
Section 2. With the exception of the positions of P.T. Program Leaders to assist with
before and after school programs held in School District 301 schools, P.T. Program Leaders for
The Centre after school program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC
for weekend and evening supervision, employees hired prior to September 30, 2011, in a
permanent (non-seasonal) part-time position averaging 20 or more hours per week shall also be
eligible for the following benefit program:
1. Vacation - one week per year (calculated in hours as the average number of hours
worked per week by the eligible part-time employee).
2. Sick leave, Medical Insurance, or Opt Out (HRA) - Eligible part-time
employees may choose between the annual accrual of three (3) four hour sick
days or participation in the City’s comprehensive major medical insurance
program for employee and dependents provided to other City employees with
eligible part-time employee paying fifty percent (50%) of the premium costs for
such medical insurance coverage or participate in the City’s Opt-Out plan (HRA-
Health Reimbursement Account) – annual reimbursement of $1000.
3. Holidays – Ten (10) holidays, consisting of New Year’s Day, Martin Luther King
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours
as four hours for each holiday).
Employees in the positions of P.T. Program Leaders to assist with before and after school
programs held in School District 301 schools, P.T. Program Leaders for The Centre after school
program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC for weekend and evening
supervision and all employees hired on or after September 30, 2011, shall not be eligible for or
receive any of the benefits set forth in this Section 2.
Section 3. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage.
s/ David J. Kaptain
David J. Kaptain, Mayor
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411
Presented: September 28, 2011
Passed: September 28, 2011
Vote: Yeas: 6 Nays: 0
Recorded: September 28, 2011
Published: September 30, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G41-11 PASSED GRANTING A CONDITIONAL USE FOR VARIOUS
ACTIVITIES, PROGRAMS, AND EVENTS IN THE AB AREA BUSINESS DISTRICT
AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1600 BIG TIMBER
ROAD)
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Ordinance No. G41-11
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR VARIOUS
ACTIVITIES, PROGRAMS, AND EVENTS IN THE
AB AREA BUSINESS DISTRICT AND ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1600 Big Timber Road)
WHEREAS, written application has been made granting conditional use for various
activities, programs, and events in the AB Area Business District and ARC Arterial Road
Corridor Overlay District at 1600 Big Timber Road; 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.
SEPTEMBER 28, 2011 VOLUME LXXVI
412
Section 2. That a conditional use to permit dance activities, teaching, and instruction,
public dances, and ballroom dances (SIC 7911); entertainment offerings, such as live and/or
recorded music, entertainers, entertainment groups, or broadcasting live or pre-recorded movies
or television programs (SIC 7929); soccer games and practices, including league play and casual
games; amusement activities, such as games, bouncers, trampolines, batting cages, and other
amusement devices (SIC 7996); amusement concessions, amusement rides, and teaching and
instruction of sports, games, physical fitness, yoga, and martial arts (SIC 7999); religious
services (SIC 8661); private parties, weddings, and banquets; craft and trade shows (excluding
any such activities involving guns, other weapons, or alcohol); fashion shows; and other forms of
public assembly, such as speaker’s forums and public service events, seminars, or presentations
in the AB Area Business District the ARC Arterial Road Corridor Overlay District at 1600 Big
Timber Road and legally described as follows:
PARCEL ONE:
That Part of the Southwest Quarter of fractional Section 3, Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows: Commencing
at the intersection of the center line of North McLean Boulevard (formerly Sleepy
Hollow Road) with the North line of the right of way of the Chicago, Milwaukee,
St. Paul and Pacific Railroad, also being the South right of way line of Big
Timber Road; thence Westerly along said North right of way line and along said
South right of way line, a distance of 250.0 feet for the point of beginning; thence
Northerly parallel with the center line of said North McLean Boulevard, a
distance of 500.0 feet; thence Easterly parallel with said North right of way line of
the railroad, a distance of 250.0 feet to said center line of North McLean
Boulevard; thence Northerly along said center line, a distance of 275.0 feet;
thence Westerly parallel with said North right of way line of the railroad, a
distance of 637.15 feet, to a point that is 10 feet Westerly of, measured
perpendicular to, the center line of an existing railroad spur track; thence
Southerly parallel with said railroad spur track, a distance of 331.99 feet to a
point of curve; thence Southwesterly along a curve to the right having a radius of
468.34 feet and being tangent to the last described course and being parallel with
said railroad spur track, an arc distance of 568.31 feet to said North right of way
line of the railroad; thence Easterly along said North right of way line, a distance
of 693.29 feet to the point of beginning; excepting therefrom that portion
described as follows: Commencing at the intersection of the center line of North
McLean Boulevard (formerly Sleepy Hollow Road) with the North right of way
line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, also being the
South right of way line of Big Timber Road; thence Westerly along said North
right of way line and along said South right of way line, a distance of 250.0 feet;
thence Northerly parallel with the center line of North McLean Boulevard a
distance of 500.0 feet for the point of beginning of exception; thence Easterly
parallel with said North right of way line of the railroad, a distance of 250.0 feet
to the center line of North McLean Boulevard; thence Northerly, along said center
line a distance of 275.0 feet; thence Westerly parallel with said North right of way
line of the railroad a distance of 637.15 feet to a point that is 10.0 feet Westerly
VOLUME LXXVI SEPTEMBER 28, 2011
413
of, measured perpendicularly to the center line of an existing railroad spur tract;
thence Southerly parallel with said railroad spur track, a distance of 3.0 feet;
thence Easterly parallel with the North line of the right of way of the railroad, a
distance of 209.60 feet; thence Southerly perpendicular to the last described
course, a distance of 271.97 feet to a line drawn Westerly, parallel with said North
right of way line of the railroad from the point of beginning; thence Easterly along
said parallel line, a distance of 181.88 feet to the point of beginning, being
situated in the City of Elgin, Kane County, Illinois.
PARCEL TWO:
That part of the Southwest Quarter of Section 3, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows: Commencing at the
intersection of the centerline of North McLean Boulevard and the North line of
the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Westerly along
said North line on an assumed bearing of South 89 degrees 54 minutes 51 seconds
West, 1042.76 feet; thence North 0 degrees 59 minutes 57 seconds West parallel
with the centerline of North McLean Boulevard, 511.09 feet; to the point of
beginning; thence North 0 degrees 59 minutes 57 seconds West parallel with the
centerline of McLean Boulevard 263.91 feet to a line that is 775.0 feet North of
and parallel with the North line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad; thence North 89 degrees 54 minutes 51 seconds East and parallel with
said Northerly line 403.61 feet to a point 10.0 feet West , perpendicular to the
centerline of an existing spur track; thence South 0 degrees 54 minutes 57 seconds
East parallel with said centerline 331.99 feet to a point of curve; thence
Southwesterly along a curve to the right having a radius of 468.34 feet and being
tangent to the last described course and being parallel with said railroad spur track
an arc distance of 49.74 feet; thence North 88 degrees 05 minutes 21 seconds
West 37.51 feet; thence North 01 degrees 30 minutes 28 seconds West 116.50
feet; thence South 89 degrees 54 minutes 51 seconds West 360.69 feet to the point
of beginning, in the City of Elgin, Kane County, Illinois.
PARCEL THREE:
An ingress and egress easement as created by Grant of Easement recorded
September 4, 1985 as Document 1736858 over that part of the Southwest Quarter
of fractional Section 3, Township 41 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the intersection of the center line
of North McLean Boulevard (formerly Sleepy Hollow Road) with the North right
of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, also being
the South right of way line of Big Timber Road; thence Westerly, along said
North right of way line and along said South right of way line, a distance of
250.00 feet; thence Northerly parallel with said center line of North McLean
Boulevard, a distance of 500.00 feet for the point of beginning; t hence Westerly
parallel with said North right of way line of the railroad, a distance of 50.00 feet;
thence Northerly parallel with said center line of North McLean Boulevard, a
distance of 50.00 feet; thence Easterly, parallel with said North right of way line
of the railroad, a distance of 300.00 feet to said center line of North McLean
SEPTEMBER 28, 2011 VOLUME LXXVI
414
Boulevard; thence Southerly, along said center line, a distance of 50.00 feet;
thence Westerly parallel with said North right of way line of the railroad, a
distance of 250.00 feet to the point of beginning, being situated in the City of
Elgin, Kane County, Illinois.
PARCEL FOUR:
That part of the Southwest Quarter of Section 3, Township 41 North, Range 8
East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois,
described as follows: Commencing at the intersection of the centerline of North
McLean Boulevard and the North line of the Chicago, Milwaukee, St. Paul and
Pacific Railroad; thence Westerly along said North line, on an assumed bearing of
South 89 degrees 54 minutes 51 seconds West 1,042.76 feet; thence North 0
degrees 59 minutes 57 seconds West parallel with the centerline of North McLean
Boulevard, 511.09 feet for the point of beginning; thence North 0 degrees 59
minutes 57 seconds West, 263.91 feet along said parallel line; thence North 89
degrees 54 minutes 51 seconds East, 615.26 feet parallel with the North line of
said railroad; thence South 0 degrees 05 minutes 09 seconds East, 3.00 feet;
thence South 89 degrees 54 minutes 51 seconds West, 612.21 feet parallel with
the North line of said railroad; thence South 0 degrees 59 minutes 57 seconds
East, 260.91 feet; thence South 89 degrees 54 minutes 51 seconds West, 3.00 feet
to the point of beginning, Kane County, Illinois (Property commonly known as
1600 Big Timber Road)
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted by Servando and Olga Rodriguez and Mateo and Iris Portillo, dated
received June 28, 2011. In the event of any conflict between such Statement of
Purpose and Conformance and this ordinance or other applicable city ordinances,
this ordinance or other applicable city ordinances shall supersede and control.
2. Substantial conformance to the Petitioner’s Floor Plan, prepared by JDM
Associates, last dated June 13, 2011.
3. Substantial conformance to the Parking Requirements Plan, prepared by JDM
Associates, last dated June 13, 2011.
4. The conditional uses authorized by this ordinance are limited to inside the easterly
11,100 square-foot portion of the main building (hereinafter referred to as “the
East Portion”). A conditional use authorized by this ordinance may also take
place outside such East Portion of the main building, but only upon that part of
the property located north and west of the main building, and only in accordance
with the “TEMPORARY USE” provisions of Section 19.90.015 of the Elgin
Municipal Code, 1976.
VOLUME LXXVI SEPTEMBER 28, 2011
415
5. At no time shall the entire occupancy of the East Portion exceed two hundred and
fifty (250) people. Signage describing this limit shall be prominently displayed.
6. When any conditional use event or temporary use occurs on weekdays after 5:00
p.m., on holidays, and on weekends, all employees, including those persons
operating kiosks, shall park in the 1140 N. McLean Boulevard lot (PIN No. 06-
03-351-041). Before the first occurrence of such a conditional use event may
occur, the owner of 1140 N. McLean Boulevard shall record a permanent
easement with the Kane County Recorder’s Office, describing the allowances
afforded the tenants of 1600 Big Timber Road (to the extent same may not
already exist). Said easement shall be in a form and of content approved by the
Director of Community Development (with such standard applicable to any
previously recorded easement that may already exist). The Director of
Community Development shall not unreasonably withhold the release of said
easement upon receipt of written request and finding that (a) 169 parking spaces
are available at 1600 Big Timber Road and that (b) all parking spaces conform to
the requirements of Chapter 19.45, Off Street Parking, of the Elgin Municipal
Code, 1976. Similarly, the Director of Community Development shall consent to
the release of said easement upon the repeal of this ordinance by City Council,
which repeal shall be promptly processed upon written request from the owner of
the property.
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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Passed: September 28, 2011
Vote: Yeas: 6 Nays: 1
Recorded: September 28, 2011
Published: September 30, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SEPTEMBER 28, 2011 VOLUME LXXVI
416
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
PAYEE AMOUNT REASON
Northwest Meats
Chicago, IL
$26,000 Food for Bowes Creek Country Club
MOTION TO REMOVE ORDINANCE G39-11 FROM THE CONSENT AGENDA
Councilmember Powell made a motion, seconded by Councilmember Gilliam, to remove
Ordinance G39-11 from the consent agenda for consideration. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays:
None.
ORDINANCE G39-11 PASSED AMENDING TITLE 1 ENTITLED “GENERAL
PROVISIONS” AND TITLE 16 ENTITLED “BUILDING AND CONSTRUCTION” OF
THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
Councilmember Powell asked for clarification of the terms of the ordinance and when the fee
and inspection outlined would be triggered.
Corporation Counsel Cogley provided a definition for unoccupied and vacant properties noting
that with a vacant property there would be an aggravating factor, such as code violations or the
property being unsecured. Those aggravating factors would trigger the inspection and fees
outlined in the ordinance under discussion.
Councilmember Powell made a motion to split the $500 fee into two separate payments. After a
brief discussion the consensus was to keep the fee as one payment. Councilmember Powell
withdrew her motion.
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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 28, 2011
417
Ordinance No. G39-11
AN ORDINANCE
AMENDING TITLE 1 ENTITLED “GENERAL PROVISIONS”
AND TITLE 16 ENTITLED “BUILDING AND CONSTRUCTION” OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform
any function pertaining to its government affairs including, but not limited to, the power to
regulate for the protection of the public health, safety, morals and welfare, and the power to
abate public nuisances; and
WHEREAS, ordinances providing for the abatement of nuisances caused by vacant
properties, requiring the registration, inspection, maintenance, repair and rehabilitation of vacant
properties, and facilitating such properties’ subsequent occupancy, pertains to the government
affairs of the City of Elgin and it is in the best interests of the citizens of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 1.16.010 of the Elgin Municipal Code, 1976, as amended,
entitled “RIGHT OF ENTRY FOR INSPECTION” be and is hereby further amended to read as
follows:
“Whenever necessary to make an inspection to enforce any ordinance or
resolution, or whenever there is reasonable cause to believe there exists an
ordinance or resolution violation in any building or upon any premises
within the jurisdiction of the city, any authorized official of the city may,
upon presentation of proper credentials, enter such building or premises at
all reasonable times to inspect the same or to perform any duty imposed
upon him by ordinance. In the event the owner and/or occupant refuses
entry after such request has been made, or in the event entry is not
otherwise obtained, the official is empowered to seek assistance from any
court of competent jurisdiction in obtaining such entry. For the purposes
of this section and for the purposes of any inspections relating to the
enforcement of any city ordinances or codes, an authorized official of the
city or approved inspection agencies or approved individuals to conduct
inspections, shall include, but not be limited to, any person retained by the
city pursuant to a contract to perform ordinance/code enforcement or
inspection related services.”
SEPTEMBER 28, 2011 VOLUME LXXVI
418
Section 2. That Section 1.20.010 of the Elgin Municipal Code, 1976, as amended,
entitled “Definitions” be and is hereby further amended by amending the definition of
“OFFICER” therein to read as follows:
“OFFICER: Police officers, inspectors or agents of the fire department
and inspectors or agents of the department of code enforcement. For the
purposes of this section and for the purposes of any inspections relating to
the enforcement of any city ordinances or codes, agents or approved
inspection agencies or approved individuals to conduct inspections, shall
include, but not be limited to, any person retained by the city pursuant to a
contract to perform ordinance/code enforcement or inspection related
services.”
Section 3. That Section 1.25.030 of the Elgin Municipal Code, 1976, as amended,
entitled “Procedures” be and is hereby further amended by amending Subparagraph B thereof
entitled “Authorization” to read as follows:
“B. Authorization: All full time, part time and auxiliary police officers
and other specifically appointed individuals including, but not limited to,
the city’s code official (community development group director) and his or
her designees, including, but not limited to, code enforcement officers and
building inspectors, shall have the authority to issue violation notices. For
the purposes of this section and for the purposes of any inspections
relating to the enforcement of any city ordinances or codes, authorized
designees of the city’s code official or approved inspection agencies or
approved individuals to conduct inspections, shall also include, but not be
limited to, any person retained by the city pursuant to a contract to
perform ordinance/code enforcement or inspection related services.”
Section 4. That Section 16.42.030 of the Elgin Municipal Code, 1976, as amended,
entitled “DEFINITIONS” be and is hereby further amended by amending the definition of
“OWNER” therein to read as follows:
“OWNER: Any person, agent, operator, firm, or corporation having a
legal or equitable interest in a property; or recorded in the official records
of the State, county, or municipality as holding title to the property; or
otherwise having control of the property, including the guardian of the
estate of any such person, and the executor or administrator of the estate of
such person if ordered to take possession of real property by a court. For
the purposes of this Chapter, an owner shall not include a licensed realtor
or licensed real estate agent that does not have a legal or equitable interest
in a property who has listed a property for sale and/or is otherwise
managing a property on behalf of the owner thereof.”
Section 5. That Section 16.42.030 of the Elgin Municipal Code, 1976, as amended,
entitled “DEFINITIONS” be and is hereby further amended by amending the definition of
VOLUME LXXVI SEPTEMBER 28, 2011
419
“UNOCCUPIED BUILDING” therein by amending Subparagraph A under such definition to
read as follows:
“A. A building at which substantially all lawful residential activity has
ceased.”
Section 6. That Section 16.42.030 of the Elgin Municipal Code, 1976, as amended,
entitled “DEFINITIONS” be and is hereby further amended by amending the last paragraph of
the definition of “VACANT BUILDING” to read as follows:
“Unoccupied buildings (1) which are undergoing construction, renovation,
or rehabilitation and which are in compliance with all applicable
ordinances, codes, legislation, and regulations, and for which construction,
renovation or rehabilitation is proceeding diligently to completion; or (2)
which are unoccupied as a result of the owner who is a member of the
military and is deployed for military service.”
Section 7. That Section 16.42.060 of the Elgin Municipal Code, 1976, as amended,
entitled “OBLIGATION TO REGISTER VACANT BUILDINGS AND FORECLOSED
UNOCCUPIED BUILDINGS” be and is hereby further amended by deleting Subparagraph A4i
thereof.
Section 8. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 9. 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
Presented: September 28, 2011
Passed: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 28, 2011
Published: September 30, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SEPTEMBER 28, 2011 VOLUME LXXVI
420
CONSENT AGENDA
By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember
Gilliam, to pass Ordinance Nos. G37-11 and G38-11 and adopt Resolution Nos.11-160 through
11-166, and 11-170 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 11-160 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS IN MADISON HOMES OF ELGIN
SUBDIVISION
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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. 11-160
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
IN MADISON HOMES OF ELGIN 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 Madison Homes of Elgin Subdivision which include sanitary sewer, water main and their
respective appurtenances within dedicated easements. Acceptance of the public improvements
will add approximately 1,500 lineal feet of 8-inch water main; three, 8-inch valves in 4-foot
vaults; four fire hydrants; 1,349 lineal feet of 8-inch sanitary sewer; fifteen sanitary manholes;
four street name signs and their respective appurtenances to the city maintained facilities. The
common parcel including the storm sewer system, pavement, sidewalk, street lights, stop signs,
parkway trees and their respective appurtenances are owned and maintained by the homeowners
association
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXVI SEPTEMBER 28, 2011
421
RESOLUTION 11-161 ADOPTED APPROVING PROPOSED GRANT RECIPIENTS
FOR THE CENTER CITY COMMERCIAL RETROFIT GRANT PROGRAM
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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. 11-161
RESOLUTION
APPROVING PROPOSED GRANT RECIPIENTS FOR THE
CENTER CITY COMMERCIAL RETROFIT GRANT PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the city council hereby approves the following proposed grant recipients for the Center City
Commercial Retrofit Grant Program:
Owner/Applicant Address Name of Building Grant Amount
Steve Sebestyen 75 S. Grove Avenue Studio 39 $ 26,592.00
Michael Butirro 64 S. Grove Avenue Chooch’s Pizzeria 40,000.00
Sisco Properties 667 N. State Street 21,826.00
Susan Cincinelli 204 S. State Street Oak Crest Residence 15,650.00
Paul Knowlton 900 N. State Street Reliance Tool & Mfg. 18,829.11
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the City Manager, Sean R. Stegall, be and is hereby authorized to enter into grant
agreements with the above proposed grant recipients in a form of agreement as approved by the
Corporation Counsel. Any Center City Commercial Retrofit Grant shall be subject to and
contingent upon the entry into such a Grant Agreement and the grantee’s compliance with all of
the terms of such Grant Agreement.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SEPTEMBER 28, 2011 VOLUME LXXVI
422
RESOLUTION 11-162 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR THE
CONSTRUCTION PHASE OF THE AIRLITE WATER TREATMENT PLANT
IMPROVEMENT PROJECT
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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. 11-162
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT WITH
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
FOR THE CONSTRUCTION PHASE OF THE
AIRLITE WATER TREATMENT PLANT IMPROVEMENT 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 an agreement on behalf of the City of Elgin with Burns &
McDonnell Engineering Company, Inc. for the construction phase of the Airlite Water Treatment
Plant Improvement 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 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-163 ADOPTED RATIFYING THE EXECUTION OF A CONTRACT
TERMINATION AGREEMENT WITH ARCH INSURANCE COMPANY AND
VERUNA LLC REGARDING A CONTRACT COMPLETION AGREEMENT
WATERFORD SUBDIVISION-NEIGHBORHOOD 3
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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 28, 2011
423
Resolution No. 11-163
RESOLUTION
RATIFYING THE EXECUTION OF A CONTRACT TERMINATION AGREEMENT
WITH ARCH INSURANCE COMPANY AND VERUNA LLC REGARDING A CONTRACT
COMPLETION AGREEMENT WATERFORD SUBDIVISION-NEIGHBORHOOD 3
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a Contract Termination Agreement with
Arch Insurance Company and Veruna LLC, by David J. Kaptain, Mayor, and Kimberly A.
Dewis, City Clerk, regarding a Contract Completion Agreement Waterford Subdivision
Neighborhood 3, a copy of such Contract Termination Agreement being attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-164 ADOPTED RATIFYING THE EXECUTION OF A CONTRACT
COMPLETION AGREEMENT WITH ARCH INSURANCE COMPANY AND ORANGE
CRUSH LLC REGARDING WATERFORD SUBDIVISION-NEIGHBORHOOD 3
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
SEPTEMBER 28, 2011 VOLUME LXXVI
424
Resolution No. 11-164
RESOLUTION
RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT
WITH ARCH INSURANCE COMPANY AND ORANGE CRUSH LLC REGARDING
WATERFORD SUBDIVISION-NEIGHBORHOOD 3
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 it hereby ratifies and approves the execution of a Contract Completion
Agreement dated September 22, 2011 with Arch Insurance Company and Orange Crush LLC by
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, regarding the Waterford
Subdivision Neighborhood 3 development, a copy of which is attached hereto and made a part
hereof by reference.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Resolution No. 11-154, be and is hereby repealed and that the previous contract
completion agreement for the Waterford Subdivision Neighborhood 3 between the City of Elgin,
Arch Insurance Company and Orange Crush LLC dated August 17, 2011, be and is hereby
terminated.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-165 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION
MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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 28, 2011
425
Resolution No. 11-165
RESOLUTION
RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE
CITY COUNCIL OF THE CITY OF ELGIN
WHEREAS, the City Council of the City of Elgin has met from time to time in executive
session for purposes authorized by the Illinois Open Meetings Act; and
WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such
executive sessions; and
WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City
Council has met in closed session to review all closed session minutes; and
WHEREAS, they have determined that a need for confidentiality still exists as to a
portion of the executive session minutes from the meetings set forth on the exhibit referred to
herein; and
WHEREAS, they have further determined that the remaining portion of the meetings
listed no longer require confidential treatment and should be made available for public
inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. The executive session minutes for the period from January, 2011 through
July, 2011 are hereby approved.
Section 2. The executive session minutes or the portions thereof set forth on the
attached Exhibit A no longer require confidential treatment and are hereby made available for
public inspection. The City Clerk is hereby authorized and directed to make said minutes or the
portions thereof available for inspection and copying as public records.
Section 3. The need for confidentiality still exists as to all or parts of those executive
session minutes set forth in Exhibit B.
Section 4. The executive session minutes or the portions thereof set forth on the
attached Exhibit C no longer require confidential treatment and are hereby made available for
public inspection. The City Clerk is hereby authorized and directed to make said minutes or the
portions thereof available for inspection and copying as public records.
Section 5. This resolution shall be in full force and effect from and after its passage.
s/ David J. Kaptain
David J. Kaptain, Mayor
SEPTEMBER 28, 2011 VOLUME LXXVI
426
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G37-11 PASSED AMENDING CHAPTER 19.45 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “OFF STREET PARKING”
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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. G37-11
AN ORDINANCE
AMENDING CHAPTER 19.45 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "OFF STREET PARKING"
WHEREAS, written application has been made to amend the City's Off Street Parking
Ordinance; and
WHEREAS, the Planning and Development Commission has held a public hearing
concerning the proposed amendments after due notice in the manner provided by law; and
WHEREAS, the Planning and Development Commission has submitted its written
findings and recommendations that the amendment be granted; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That chapter 19.45 entitled “Off Street Parking,” of the Elgin Municipal
Code, 1976, as amended, be and is hereby further amended by adding a new section 19.45.087
thereto entitled “Standards For Bicycle Parking,” to read as follows:
“19.45.087 Standards For Bicycle Parking:
A. Purpose: Standards are provided for uses with bicycle parking facilities. These
standards are applied in addition to all other applicable standards of this code.
B. Standards: The provisions of this section shall apply to all bicycle parking
VOLUME LXXVI SEPTEMBER 28, 2011
427
facilities, and are described and illustrated in the City of Elgin Bicycle Parking
Guide.
1. Location: Bicycle parking spaces shall be located no further than 50
feet from the entrance to the use being served and within view of
pedestrian traffic. However, bicycle parking spaces serving more than one
use may be consolidated and located or distributed in one or more
locations, provided such location(s) is/are generally equidistance to all the
uses served (not more than 150 feet to the entrances of all the uses served).
Bicycle parking shall be located in designated areas, which minimize
pedestrian and vehicle conflicts. If located within a vehicle parking area,
the bicycle parking should be clearly designated and located as close to a
building entrance as possible or as the closest vehicle parking stalls.
Bicycle parking provided adjacent to a pedestrian walkway shall allow
sufficient passage (6 feet minimum) for pedestrians.
2. Design Criteria and Dimensions: Bicyclists must be able to lock their
bicycles to the rack with the rack supporting the bicycle in an upright
position.
3. Surfacing: A hard surface parking area is required. Bic ycle racks must
be securely anchored to the ground in the hard surface parking area.
4. Installation: Bicycle racks must be installed in conformance with the
requirements set forth by the bicycle rack manufacturer.
5. Access and Spacing: Bicycle racks shall be installed with adequate
space beside the parked bicycle so that a bicyclist will be able to reach and
operate their locking mechanism.
6. Shared Bicycle Parking Facilities: Bicycle rack facilities for separate
uses may be provided collectively if the total number of spaces so
provided is not less than the sum of the separate requirements governing
the number of spaces required in relation to the use served. Such facilities
shall be located on one of the lots on which a use served is located or on a
lot abutting and contiguous to one of the lots on which a use served is
located; provided, that such facilities are also located not more than three
hundred feet (300') walking distance from all of the buildings, structures,
or uses of land which such bicycle rack facilities are intended to serve.
C. Use of Bicycle Parking Facilities: Bicycle parking facilities shall be used
exclusively for the temporary parking of bicycles.
D. Schedule of Bicycle Parking Requirements: The required number of off-street
bicycle parking spaces shall be provided for all land uses listed in Section D.1
SEPTEMBER 28, 2011 VOLUME LXXVI
428
Table of Required Bicycle Parking of this Section, prior to the issuance of an
occupancy permit. Where there is more than one land use on a zoning lot, the
required number of off-street bicycle parking spaces shall be provided for each
use. Bicycle parking requirements do not reduce the off-street parking
requirements set forth in section 19.45.080 of this Chapter, but provide bicycle
parking in addition to motor vehicle parking. All references to motor vehicle
parking requirements refer to the parking requirements set forth in Section
19.45.080 of this Chapter All land uses within the CC1 Center City District be
exempt from the requirements of the proposed standards due to the location of
buildings with respect to the lot lines.
TABLE OF REQUIRED BICYCLE PARKING
Land Use Category Bicycle Parking Spaces Required
A. Residences:
Single Family Dwelling Exempt (none)
Two Family Dwelling
Multiple Family Dwelling Equal to 10 percent of vehicle parking
requirements with a minimum of 3 spaces
B. Community Facilities:
Hospital Equal to 5 percent of vehicle parking
requirements with a minimum of 3 spaces Museum or Library
School
C. Public Assembly Equal to 5 percent of vehicle parking
requirements with a minimum of 3 spaces
D. Services/Retail:
Automobile service and repair Equal to 5 percent of vehicle parking
requirements with a minimum of 3 spaces Clinics
Home Furnishings
Motels/hotels
Offices
Restaurant (carryout)
Restaurant (sitdown)
Other retail
E. Manufacturing, Warehousing
and Storage
Equal to 5 percent of vehicle parking
requirements with a minimum of 3 spaces
F. Other Uses A number of parking stalls as determined by
the Development Administrator based on the
same criteria in this Section for the most
similar use.
E. Applicability. The applicability of this Section for off-street bicycle parking
facilities shall be subject to provisions in Section 19.45.220 of this Chapter.”
VOLUME LXXVI SEPTEMBER 28, 2011
429
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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Passed: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 28, 2011
Published: September 30, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G38-11 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 Gilliam, 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. G38-11
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 Section 6.06.050 of the Elgin Municipal Code, 1976, as amended,
entitled “Licenses; Number To Be Issued” be and is hereby further amended by amending
subparagraph C thereof relating to the number of Class B licenses to read as follows:
“C. The number of class B licenses shall not exceed twenty-two (22) in
number.”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
SEPTEMBER 28, 2011 VOLUME LXXVI
430
Section 3. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Passed: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 28, 2011
Published: September 30, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-166 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH B & F TECHNICAL CODE SERVICES, INC. FOR INSPECTION SERVICES
REGARDING THE ADMINISTRATION AND ENFORCEMENT OF THE CITY OF
ELGIN’S VACANT RESIDENTIAL BUILDINGS ORDINANCE
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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. 11-166
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
B & F TECHNICAL CODE SERVICES, INC. FOR INSPECTION SERVICES
REGARDING THE ADMINISTRATION AND ENFORCEMENT OF THE CITY OF
ELGIN’S VACANT RESIDENTIAL BUILDINGS ORDINANCE
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 an Agreement on behalf of the City of Elgin with B & F
Technical Code Services, Inc. for inspection services and other services regarding the
administration and enforcement of the City of Elgin’s vacant residential buildings ordinance, a
copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVI SEPTEMBER 28, 2011
431
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-170 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
CONTRACT (162 SUMMIT-NSP PROPERTY)
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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. 11-170
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT
(162 Summit Street-NSP Property)
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 a Real Estate Contract on behalf of the City of Elgin with
Elizabeth Femal for the sale of property commonly known as 162 Summit Street for $110,000, a
copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SEPTEMBER 28, 2011 VOLUME LXXVI
432
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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.
Cultural Arts Commission – August 8, 2011
Emergency Telephone System Board August 18 & September 15, 2011
Liquor Commission – August 10, 2011
Committee of the Whole Minutes for August 24, 2011
City Council Minutes for August 24, 2011
Telecommunications – September 2011
Sales Tax– September 2011
Local Sales Tax– September 2011
State Income Tax– September 2011
State Use Tax– September 2011
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:15 p.m.
s/ Kimberly Dewis October 12, 2011
Kimberly Dewis, City Clerk Date Approved