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VOLUME LXXVI OCTOBER 26, 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 October 26, 2011,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by and the Pledge of Allegiance was led by RuthAnne Hall.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Absent: None.
MINUTES OF THE OCTOBER 12, 2011, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the
October 12, 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
RuthAnne Hall Recognition Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, RuthAnne Hall was hired as a Planning & Preservation Intern for the City of Elgin
in June of 2001; and
WHEREAS, Ms. Hall was promoted to Planning & Preservation Coordinator in September 2001,
Management Analyst for the City Manager’s Office in February, 2004 and as the Budget &
Purchasing Officer in May of 2010; and
OCTOBER 26, 2011 VOLUME LXXVI
444
WHEREAS, during Ms. Hall’s ten years with the City of Elgin, Ms. Hall administered the
Historic Architectural Rehabilitation and Neighborhood Improvement Grants; established the
Citizen Request Tracker; chaired the Neighborhood Services Committee; assisted with the
preparation and implementation of the city’s budget and five-year financial plan for which the
city received three Government Finance Officer’s Association Distinguished Budget
Presentation Awards; served as project manager for administration of the Neighborhood
Stabilization Program to oversee the purchase, renovation and resale of eleven foreclosed
properties; and implemented a citywide process improvement for purchasing procedures; and
WHEREAS, Ms. Hall has contributed many hours on behalf of the residents of the City of Elgin
as the Budget & Purchasing Officer and in her previous positions with the City of Elgin; and
WHEREAS, Ms. Hall has been a faithful and diligent public servant for more than ten years; and
WHEREAS, Ms. Hall has announced she is leaving on November 2, 2011 to become the
Purchasing Manager for the County of Lake, Illinois.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the
sincere and warm appreciation and esteem of the City of Elgin to RuthAnne Hall for Ms. Hall’s
outstanding service to the community on the occasion of her resignation and wish her success in
her future endeavors.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the official seal of the City of Elgin to be affixed this 26th day of October, 2011.
s/ David J. Kaptain
David J. Kaptain
Mayor
Police and Fire Department Lifesaving and Merit Awards
Fire Chief John Fahy presented Fire Department Lifesaving Awards to: Mason Dettmann,
Officer Victor M. Valdez, Mark Burnidge, Noel Levario, Greg Curry and Kevin Hartmann with
the Medal of Merit
Police Chief Swoboda presented Police Department Lifesaving Awards to: Officer Todd
Pavoris, Shane Myers, Christopher Abonce, Detective Mark Whaley, Jessica Whaley and Emily
Whaley.
VOLUME LXXVI OCTOBER 26, 2011
445
RECOGNIZE PERSONS PRESENT
Terry Gavin commented on recent allegations of racism within the Police Department.
Phred Hollister, a local business owner, expressed concerns regarding the business license and its
effects on businesses.
Mark Ahrens, leader of a not for profit organization, expressed his concerns regarding the
business license.
Kevin Bunte, a local business owner, commented on the business license.
Jaime Bertoncini, operator of a local cab company, discussed her concerns about the business
license and the effects on her business.
Jeffrey Meyer, member of the Elgin OCTAVE, presented the Council a petition regarding the
repeal of the business license.
Dan Miller, addressed the Council regarding Patricia Miller not being reappointed to the
Heritage Commission Design Review Subcommittee.
Tim Williams, from the Boys and Girls Club, asked for the City’s continued support for their
programs.
Ina Dews commented on the closing of Wal-Mart and expressed her interest in seeing a grocery
store in area of the former Wal-Mart location.
BID 11-053 AWARDED TO WATER WELL SOLUTIONS FOR REPAIRS TO DEEP
WELL #2
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve an
agreement with Water Well Solutions in the amount of $106,113 for repairs to Deep Well #2.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Nays: None.
RESOLUTION 11-178 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT
AGREEMENT (LOCAL ALCOHOL PROGRAM)
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.
OCTOBER 26, 2011 VOLUME LXXVI
446
Resolution No. 11-178
RESOLUTION
AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION
HIGHWAY SAFETY PROJECT GRANT AGREEMENT
(Local Alcohol Program)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway
Safety Project grant in the amount of $137,139.55 for Local Alcohol Program, a copy of which is
attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, is hereby authorized
and directed to execute all documents necessary in conjunction with the subject grant program.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 26, 2011
Adopted: October 26, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-179 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT
AGREEMENT (SUSTAINED TRAFFIC ENFORCEMENT PROGRAM)
Councilmember Dunne 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. 11-179
RESOLUTION
AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION
HIGHWAY SAFETY PROJECT GRANT AGREEMENT
(Sustained Traffic Enforcement Program)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway
Safety Project grant in the amount of $134,472.00 for Sustained Traffic Enforcement Program, a
copy of which is attached hereto and made a part hereof by reference.
VOLUME LXXVI OCTOBER 26, 2011
447
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, is hereby authorized
and directed to execute all documents necessary in conjunction with the subject grant program.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 26, 2011
Adopted: October 26, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G45-11 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR
DEALERS”
Councilmember Dunne 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. G45-11
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform any function pertaining to its government affairs; and
WHEREAS, the regulation of alcoholic liquor dealers pertains to the government affairs
of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended,
entitled “License Classes; Fees” be and is hereby further amended by: (i) deletin g in its entirety
subsection R thereof, which relates to a Class O license; (ii) deleting in its entirety subsection Y
thereof, which relates to a Class V license; and (iii) by re-lettering the remaining subsections
accordingly.
OCTOBER 26, 2011 VOLUME LXXVI
448
Section 2. 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: (i) deleting in
its entirety subsection Q thereof which relates to Class V licenses; and (ii) by re-lettering the
remaining subsections accordingly.
Section 3. That Section 6.06.058 of the Elgin Municipal Code, 1976, as amended,
entitled “Outside Event Permit” be and is hereby further amended by deleting from the listing of
licenses therein the reference to the Class O license.
Section 4. That Section 6.06.059 of the Elgin Municipal Code, 1976, as amended,
entitled “Offsite Special Event Permit” be and is hereby further amended by deleting from the
listing of licenses therein the references to the Class O and the Class V licenses.
Section 5. That Section 6.06.059.1 of the Elgin Municipal Code, 1976, as amended,
entitled “Temporary Product Sampling and Tasting Event Permit” be and is hereby repealed in
its entirety.
Section 6. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended,
entitled “Basset Training Requirements” be and is hereby further amended by deleting from the
listing of licenses listed therein the references to the Class O and Class V licenses.
Section 7. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended,
entitled “Service Hours” be and is hereby further amended by deleting from the listing of
licenses therein the reference to the Class O license.
Section 8. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled “Offenses by Licensee” be and is hereby further amended by amending subsection M
thereof to read as follows:
“M. Keep open for business or admit the public or patrons or customers
or persons to any premises licensed under this chapter for the retail
sale of alcoholic liquors during the hours within which sale of such
liquor is prohibited or to permit or allow persons, patrons, or
customers to remain in or about the licensed premises either before
or after the hours designated within which the sale and
consumption of alcoholic liquors is prohibited on the licensed
premises; provided, however, that grocery stores, convenience
stores and gas stations which operate on a twenty four (24) hour
basis, restaurants, clubs, the riverboat pavilion, drugstores, hotels,
and motels may keep their places of business open subject only to
the provisions that no sale at retail of alcoholic liquors or the
consumption by patrons or customers or by the public of alcoholic
liquors shall be permitted or allowed on said licensed premises
during the hours prohibited; further provided, however, that
employees may remain in or about the licensed premises either one
hour before or after the hours designated within which the sale and
VOLUME LXXVI OCTOBER 26, 2011
449
consumption of alcoholic liquor is prohibited on the licensed
premises for the sole purpose of conducting business related
activities such as cleaning and inventory expressly subject to the
provision that no sale at retail of alcoholic liquors or the
consumption by any persons of alcoholic liquor shall be permitted
or allowed on said licensed premises during the hours prohibited;
provided further, however, that notwithstanding any contrary
provisions in the foregoing or in Section 6.06.040, no additional
persons, patrons, or customers shall be admitted to a licensed
premises issued a Class A-1, M, R, R-1 or U liquor license within
thirty minutes of the conclusion of the service hours for alcoholic
liquors for such an establishment and no person, patron or
customer shall be sold or served additional alcoholic beverages
within fifteen minutes of the conclusion of the service hours for
alcoholic liquors for such an establishment.”
Section 9. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled “Offenses by Licensee” be and is hereby further amended by amending subsection U
thereof to read as follows:
“U. Commit any violation of any federal law, state law or of the
ordinances of the city;”
Section 10. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled “Offenses by Licensee” be and is hereby further amended by adding thereto a new
subsection V thereto to read as follows and by re-lettering the remaining subsection V and W
accordingly:
“V. Suffer or permit a violation of any federal law, state law or of the
ordinances of the city.”
Section 11. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended,
entitled “Offenses by Licensee” be and is hereby further amended by adding new subsections Y
and Z thereto to read as follows:
“Y. Permit the sale at retail for consumption on the premises of a bottle
or bottles of spirits as defined in the Liquor Control Act to any one
person or group of persons unless as part of hotel room service to a
registered hotel guest pursuant to a Class D-1 license.
Z. Permit on a licensed premises any live fighting events or contests
including, but not limited to, live mixed martial arts fights, live
ultimate fighting events or live boxing events.”
OCTOBER 26, 2011 VOLUME LXXVI
450
Section 12. That Section 6.06.145 of the Elgin Municipal Code, 1976, as amended,
entitled “Preservation of Peace on Licensed Premises” be and is hereby further amended by
amending subections C and D thereof to read as follows:
“C. No licensee, employee or agent of the licensee shall suffer or
permit any fighting on the licensed premises. For the purposes of
this section, "fighting" shall consist of physical contact of an
insulting or provoking nature or causing physical harm to an
individual.
D. "Licensed Premises", as defined for purposes of this section, shall
mean the actual physical space or location where alcoholic
beverages are stored, displayed, offered for sale or where drinks
containing alcoholic beverages are mixed, concocted and served
for consumption. Included is the lot, plot or parcel of land owned
or otherwise controlled by the licensee; any area set aside for use
by the general public including restrooms and lounges; any area
used by agents or employees of the licensee for preparation of
services including kitchen or storage facilities; any outdoor area
wherein the public is served or awaiting service; any parking area
or facility owned or otherwise controlled by the licensee; any
adjoining or adjacent public property utilized by the patrons of the
licensed establishment including, but not limited, any sidewalks,
streets, alleys or parking lots.”
Section 13. That Section 6.06.150 of the Elgin Municipal Code, 1976, as amended,
entitled “Offenses By Other Than Licensee” be and is hereby further amended by adding a new
subsection J thereto to read as follows and by re-lettering the existing subection J thereof as
subsection K:
“J. It is unlawful for any person to loiter upon any public property
adjoining or adjacent to any premises licensed under the provisions
of this chapter including, but not limited to, any sidewalk, street,
alley or parking lot.”
Section 14. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 15. 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 OCTOBER 26, 2011
451
Presented: October 26, 2011
Passed: October 26, 2011
Vote: Yeas: 7 Nays: 0
Recorded: October 26, 2011
Published: October 26, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Steffen, to pass Ordinance Nos. G42-11 through G44-11 and adopt Resolution Nos. 11-174
through 11-177 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 11-174 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF
SERVICE AGREEMENT WITH RENZ ADDICTION COUNSELING CENTER
Councilmember Dunne 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.
Resolution No. 11-174
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
RENZ ADDICTION COUNSELING CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, I LLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Purchase of Service Agreement on behalf of the City of
Elgin with Renz Addiction Counseling Center for a community based gambling addiction
treatment and prevention program, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
OCTOBER 26, 2011 VOLUME LXXVI
452
Presented: October 26, 2011
Adopted: October 26, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-175 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS IN OAK RIDGE SUBDIVISION
Councilmember Dunne 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.
Resolution No. 11-175
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
IN OAK RIDGE SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance the public improvements in
the Oak Ridge Subdivision which include sanitary sewer, water main, storm sewer, pavement,
sidewalks, street lights, and parkway trees. Acceptance of the public improvements will add
approximately 5,360 lineal feet of 8-inch water main; sixteen 8-inch valves in 4-foot vaults;
seventeen fire hydrants; 4,550 lineal feet of 8-inch sanitary sewer; 478 lineal feet of 10-inch
sanitary sewer; 306 lineal feet of 12-inch sanitary sewer; 35 sanitary manholes; 2,269 lineal feet
of 12-inch storm sewer; 841 lineal feet of 15-inch storm sewer; 1,330 lineal feet of 18-inch storm
sewer; 694 lineal feet of 21-inch storm sewer; 555 lineal feet of 24-inch storm sewer; 313 lineal
feet of 30-inch storm sewer; 290 lineal feet of 36-inch storm sewer; 56 catch basins; 28 storm
manholes; 21 street lights; 21 street signs; 5,418 lineal feet of improved streets (including curb
and gutter, parkway and sidewalk on both sides of the street) and their respective appurtenances
to the city maintained facilities.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVI OCTOBER 26, 2011
453
Presented: October 26, 2011
Adopted: October 26, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-176 ADOPTED RATIFYING THE EXECUTION OF A CONTRACT
COMPLETION AGREEMENT WITH ORANGE CRUSH, L.L.C. REGARDING
WATERFORD SUBDIVISION-NEIGHBORHOOD 2
Councilmember Dunne 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.
Resolution No. 11-176
RESOLUTION
RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT
WITH ORANGE CRUSH, L.L.C. REGARDING
WATERFORD SUBDIVISION - NEIGHBORHOOD 2
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 with Orange Crush, L.L.C. by David J. Kaptain, Mayor, and Kimberly A. Dewis,
City Clerk, regarding the Waterford Subdivision - Neighborhood 2, a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
OCTOBER 26, 2011 VOLUME LXXVI
454
Presented: October 26, 2011
Adopted: October 26, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-177 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Dunne 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.
Resolution No. 11-177
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that April Anderson be and is hereby appointed as a member of the Sustainability Commission,
for a term to expire June 1, 2014.
BE IT FURTHER RESOLVED that Toni Frasier be and is hereby appointed as a member
of the Sustainability Commission, for a term that expires June 1, 2014.
BE IT FURTHER RESOLVED that be Mitchell Jacobs and is hereby appointed as a
member of the Sustainability Commission, for a term that expires June 1, 2014.
BE IT FURTHER RESOLVED that Ryan Philip Jacox be and is hereby appointed as a
member of the Sustainability Commission, for a term that expires June 1, 2013.
BE IT FURTHER RESOLVED that Laura Blobaum Knoerr be and is hereby appointed
as a member of the Sustainability Commission, for a term that expires June 1, 2013.
BE IT FURTHER RESOLVED that Todd Martin be and is hereby appointed as a
member of the Sustainability Commission, for a term that expires June 1, 2013.
BE IT FURTHER RESOLVED that Gary Masterson be and is hereby appointed as a
member of the Sustainability Commission, for a term that expires June 1, 2012.
BE IT FURTHER RESOLVED that Jason Platt be and is hereby appointed as a member
of the Sustainability Commission, for a term that expires June 1, 2012.
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455
BE IT FURTHER RESOLVED that David Segel be and is hereby appointed as a member
of the Sustainability Commission, for a term that expires June 1, 2012.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 26, 2011
Adopted: October 26, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G42-11 PASSED AMENDING CHAPTER 3.12 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “COMMISSION ON HUMAN
RELATIONS”
Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G42-11
AN ORDINANCE
AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “COMMISSION ON HUMAN RELATIONS”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 3.12.050 of the Elgin Municipal Code, 1976, as amended,
entitled “Powers and Duties” be and is hereby further amended by amending Subsection E
thereof to read as follows:
“E. The commission may initiate or conduct any educational or
informational programs which it believes will further the purposes
for which it was established consistent with budget allocations to the
commission approved by the city council.”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
OCTOBER 26, 2011 VOLUME LXXVI
456
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: October 26, 2011
Passed: October 26, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 26, 2011
Published: October 26, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G43-11 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G43-11
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 11.60.050O of the Elgin Municipal Code, 1976, as amended,
entitled "Standing, Stopping and Parking Prohibited Where" be and is hereby further amended by
adding the following:
“Maroon Drive Both Varsity Drive to Thorndale Drive from
7:00 A.M. to 3:00 P.M. on school days”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
VOLUME LXXVI OCTOBER 26, 2011
457
Section 3. That this ordinance shall be in full force and effect ten days after its passage
and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 26, 2011
Passed: October 26, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 26, 2011
Published: October 26, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G44-11 PASSED AMENDING A PAB PLANNED AREA BUSINESS
DISTRICT FOR CERTAIN TERRITORY (SAM’S CLUB MOTOR VEHICLE SERVICE
STATION ON LOT 9 IN ELGIN WAL-MART/SAM’S CLUB SUBDIVISION 1040
SOUTH RANDALL ROAD)
Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G44-11
AN ORDINANCE
AMENDING A PAB PLANNED AREA BUSINESS DISTRICT
FOR CERTAIN TERRITORY
(Sam’s Club Motor Vehicle Service Station on Lot 9 in
Elgin Wal-Mart/Sam’s Club Subdivision
1040 South Randall Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
classified in the PAB Planned Area Business District (Ordinance No. G32-10); and
WHEREAS, written application has been made to permit the construction of a Sam’s
Club Motor Vehicle Fuel Station in the PAB Planned Area Business District and in the ARC
Arterial Road Corridor Overlay District; and
WHEREAS, the development of certain property in the Elgin Wal-Mart/Sam’s Club
Subdivision was approved with the passage of Ordinance No. G32-10; and
OCTOBER 26, 2011 VOLUME LXXVI
458
WHEREAS, Ordinance No. G32-10 requires that prior to any other or further
development in the Elgin Wal-Mart/Sam’s Club Subdivision, the owner of the Subject Property
to be developed shall be required to submit a development plan to the city for a public hearing
and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments,
of the Elgin Municipal Code, 1976, as amended; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated August 15, 2011, made by the Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a development plan in the PAB Planned Area Business District, which
will permit the construction of a Sam’s Club Motor Vehicle Fuel Station on Lot 9 of the Elgin
Wal-Mart/Sam's Club Subdivision, prepared by Atwell, L.L.C., dated July 29, 2005, as revised
("Subdivision"); said Subdivision being located at 1000 South Randall Road and legally
described as follows:
That part of the Southwest Quarter of Section 28, Township 41 North, Range 8
East of the Third Principal Meridian, Kane County, Illinois, described as follows:
Beginning at the Northwest corner of the Southwest Quarter of said Section 28;
thence North 88 degrees 47 minutes 08 seconds East on the North line of the
Southwest Quarter of said Section 28, a distance of 1325.10 feet to the East line
of the West Half of the Southwest Quarter of said Section 28; thence South 0
degrees 55 minutes 34 seconds East on said East line, a distance of 2631.19 feet
to the South line of the Southwest Quarter of said Section 28; thence South 88
degrees 28 minutes 48 seconds West on the South line of the Southwest Quarter
of said Section 28, a distance of 1318.40 feet to the West line of the Southwest
Quarter of said Section 28; thence North 1 degree 04 minutes 22 seconds West on
the West line of the Southwest Quarter of said Section 28, a distance of 2638.19
feet to the Point of Beginning.
Be and is hereby granted subject to the following conditions:
1. Substantial conformance with the following drawings pertaining to the architecture
and construction of the Sam’s Club Motor Vehicle Service Station, prepared by
VOLUME LXXVI OCTOBER 26, 2011
459
Shade Lawrence O’Quinn Architects, with revisions per the Community
Development Department, Engineering Division, Fire Department, and Water
Department:
a. Sam’s Club Fuel Station Page 1, dated July 21, 2011
b. Sam’s Club Canopy, dated July 29, 2011
c. Sam’s Club Service Building, dated July 29, 2011
2. Substantial conformance to the preliminary plans comprising of the following
drawings, with revisions per the Community Development Department,
Engineering Division, Fire Department, and Water Department:
a. Sam’s Club Overall Layout Plan, prepared by Atwell-LLC, dated July 28,
2011
b. Sam’s Club Fuel Station Site Layout Plan, prepared by Atwell -LLC, dated
July 25, 2011
c. Sam’s Club Fuel Station Landscape Plan, prepared by Atwell-LLC, dated July
25, 2011 and last revised on October 6, 2011.
3. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G32-10.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 26, 2011
Passed: October 26, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 26, 2011
Published: October 26, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
OCTOBER 26, 2011 VOLUME LXXVI
460
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, 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 September 12, 2011
Heritage Commission Design Review Subcommittee July 26 & August 9, 2011
Liquor Control Commission September 14, 2011
Planning and Development Commission June 20 & July 18, 2011
Committee of the Whole Minutes for September 28, 2011
City Council Minutes for September 28, 2011
Sales Tax– October 2011
Local Sales Tax– October 2011
State Income Tax– October 2011
State Use Tax– October 2011
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Powell, 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 8:06 p.m.
s/ Kimberly Dewis November 2, 2011
Kimberly Dewis, City Clerk Date Approved