HomeMy WebLinkAbouth - April 25, 2012 CC208
APRIL 25, 2012 VOLUME LXXVII
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 April 25, 2012, in
the Heritage Ballroom at The Centre of Elgin. The meeting was called to order by Mayor
Kaptain at 7:00 p.m. The Invocation was given by Jay Curtis, President and CEO of the Fox
Valley Christian Action, and the Pledge of Allegiance was led by Fire Chief John P. Fahy.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Moeller, Prigge, Steffen, and Mayor
Kaptain. Absent: Councilmember Gilliam and Councilmember Powell.
MINUTES OF THE APRIL 11, 2012, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve the
April 11, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Moeller, Prigge, Steffen, and Mayor Kaptain. Nays: None.
COMMUNICATIONS
U-46 Special Olympics Basketball Team Championship Recognition
Mayor Kaptain read the following proclamation:
WHEREAS, On March 17, after an undefeated basketball season, the U-46 Elgin Bluestars high
school basketball team took Gold at the Special Olympics State Basketball Tournament in
Bloomington, Illinois; and
WHEREAS, The Bluestars defeated the Princeton Tigers in the semifinals with contributions
from every player and then beat the Cahokia Comanches to become State Champions; and
WHEREAS, After losing last year in the championship round, it was their goal from the
beginning of the year to get back to the championship to win gold and did so in a tournament
where every member of the team scored a basket; and
WHEREAS, The Bluestars pride themselves on their sportsmanship as well as athletic abilities
and is made up of the following players: Iaan Rivera, Jordan Stokes, Raheem Wade, Haywood
VOLUME LXXVII APRIL 25, 2012
209
Hughes, Eric Gomez, Eric Mescher, Max Berk, Eugene James, Angelica Sanchez, David Gomez,
Emily Zaideman, Ellen Moess, and David Donley; and
WHEREAS, The Bluestars are one of four basketball teams of students from high schools
throughout the district and are coached by Mike Laprairie and Brian Tepper, with the help of
Greg Zaideman, Patrick Keating and Nick Arvanitakis.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere
and warm congratulations and esteem to the U-46 Elgin Bluestars Basketball team on their
undefeated season and winning Gold at the Special Olympics State Basketball Tournament.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City
of Elgin to be affixed this 25th day of April, 2012.
David J. Kaptain
Mayor
Peace Officers Memorial Day Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, the Congress and President of the United States have designated May 15 as
National Peace Officer’s Memorial Day; and
WHEREAS, the members of the Elgin Police Department play an essential role in safeguarding
the rights and freedoms of Elgin; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities,
hazards, and sacrifices of their law enforcement agency, and that members of our law
enforcement agency recognize their duty to serve the people by safeguarding life and property,
by protecting them against violence and disorder, and by protecting the innocent against
deception and the weak against oppression; and
WHEREAS, the men and women of the Elgin Police Department unceasingly provide a vital
public service.
WHEREAS, I do hereby order the lowering of these three flags, flying in front of this facility, to
Half-Mast for the remainder of this day, as a symbol of our corporate pledge, to honor all those
who have served, who now serve, and who will serve our fair City of Elgin.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Wednesday, May
09, 2012, as the ELGIN PEACE OFFICERS MEMORIAL DAY, a day to remember those
officers who have gone before us.
APRIL 25, 2012 VOLUME LXXVII
210
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City
of Elgin to be affixed this 25th Day of April, 2012.
David J. Kaptain
Mayor
Arbor Day Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of tree; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a
million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precocious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce life giving oxygen,
and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business
areas and beautify our community, and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim May 10,
2012 as Arbor Day, in the city of Elgin and I urge all citizens to celebrate Arbor Day and efforts
to protect our trees and woodlands and to plant trees to gladden the heart and promote the well
being of this and future generations.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City
of Elgin to be affixed this 25th day of April, 2012.
David J. Kaptain
Mayor
VOLUME LXXVII APRIL 25, 2012
211
Preservation Month Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, historic preservation is an effective tool for managing growth, revitalizing
neighborhoods, fostering local pride and maintaining community character while enhancing
livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and
rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributi ons
made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has
shaped us as a people; and
WHEREAS, “Discover America’s Hidden Gems" is the theme for National Preservation Month
2012, cosponsored by the City of Elgin, Illinois and the National Trust for Historic Preservation.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby proclaim the
month of May 2012, as Preservation Month, and call upon fellow citizens of Elgin and across the
United States in recognizing and participating in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City
of Elgin to be affixed this 25th day of April, 2012.
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Tom McCarthy expressed concern about the recent story in the news about teens going over the
Fox River Dam in Elgin. He also noted that he felt the railroad quiet zone would be hard to
accomplish. Finally, he commented that there was a good turnout for the return of Cpl. Alex
Martinez.
Sigi Psimenos invited the public to participate in two upcoming events: Elgin Al Fresco: A
Taste of the Arts the 2012 Elgin City - Wide Outdoor Art Project and the Elgin’s Green Expo
May 4-5, 2012.
APRIL 25, 2012 VOLUME LXXVII
212
BIDS 12-021 AWARDED TO GOLD MEDAL CHICAGO AND FOX RIVER FOODS
FOR 2012 CONCESSION BID FOR PARKS & RECREATION
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to award a
contract to Gold Medal Chicago and Fox River Foods for a total amount $30,500 for the
purchase of concession items for the Wing Park Family Aquatic Center, The Centre of Elgin, and
the Sports Complex. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
BIDS 12-025 AWARDED TO CAMERA CORNER, INC. FOR PERSONAL
COMPUTERS AND MONITORS
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve a
purchase agreement with Camera Corner, Inc. for the purchase of 100 HP Compaq desktop
computers and V7 monitors in the amount of $64,500 to replace functionally obsolete equipment
and improve staff working environment and productivity. Upon a roll call vote: Yeas:
Councilmembers Dunne, Moeller, Prigge, Steffen, and Mayor Kaptain. Nays: None.
BIDS 12-027 AWARDED TO CDS OFFICE TECHNOLOGIES FOR PANASONIC
TOUGHBOOK CF-53 MOBILE COMPUTERS
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve the
purchase of 13 Panasonic Toughbook CF‐53 mobile computers from CDS Office Technologies
in the amount of $23,075 to replace functionally obsolete equipment used by the building and
code enforcement inspectors. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
APPROVE FEDERAL GSA CONTRACT TO PURCHASE FROM TKB ASSOCIATES,
INC. THE LASERFICHE AVANTE DOCUMENT MANAGEMENT SYSTEM ($86,274)
Councilmember Steffen made a motion, seconded by Councilmember Prigge, to approve the
purchase of the Laserfiche Avante Document Management System from TKB Associates, Inc. in
the amount of $86,274 to improve the efficiency and effectiveness of city staff in the
management, storage and retrieval of documents, both paper and electronic. Upon a roll call
vote: Yeas: Councilmembers Dunne, Moeller, Prigge, Steffen, and Mayor Kaptain. Nays:
None.
VOLUME LXXVII APRIL 25, 2012
213
PETITION 04-12 APPROVED REQUESTING A CONDITIONAL USE IN THE CC1
CENTER CITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A RELIGIOUS
ORGANIZATION (CHURCH); PROPERTY LOCATED AT 200 PRAIRIE STREET, BY
DISCOVERY CHURCH, INC., AS APPLICANT, AND ROCK SOLID, LLC AS OWNER
Marc Mylott, Community Development Director, provided an overview of the project. Mr.
Mylott noted that if this item was approved there would be a companion ordinance that would
waive the 100 foot separation requirement between the church and any future establishment that
would seek a liquor license.
There was a discussion regarding the activities to be conducted at the location and if this was the
best use for the location. Councilmember Dunne stated he did not feel the project was right for
the location.
Councilmember Prigge made a motion, seconded by Councilmember Steffen, to approve Petition
04-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
PETITION 12-12 APPROVED REQUESTING A CONDITIONAL USE IN THE CC1
CENTER CITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A RELIGIOUS
ORGANIZATION (CHURCH); PROPERTY LOCATED AT 205 FULTON STREET, BY
105 GROVE, LLC, AS APPLICANT, AND CHICAGO LAND TRUST CO., TRUST NO.
A7712481503 AS OWNER
Marc Mylott, Community Development Director, provided an overview of the project. Mr.
Mylott noted that if this item was approved there would be a companion ordinance that would
waive the 100 foot separation requirement between the church and any future establishment that
would seek a liquor license.
Councilmember Dunne asked how long the church had been operating at this location and Mr.
Mylott noted that it had been in operation for approximately 12-18 months. Councilmember
Dunne stated he did not feel the project was right for the location.
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve
Petition 12-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Moeller,
Prigge, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
APRIL 25, 2012 VOLUME LXXVII
214
PETITION 13-12 APPROVED REQUESTING A MAP AMENDMENT IN THE GI
GENERAL INDUSTRIAL DISTRICT; PROPERTY LOCATED AT 440 SOUTH
MCLEAN BOULEVARD; BY AMBROSE DESIGN GROUP, LLC, AS APPLICANT,
AND RDK VENTURES, LLC AS OWNER
Marc Mylott, Community Development Director, provided an overview of the project.
Councilmember Steffen asked if this project would impact the parking for the neighboring
building. Mr. Mylott indicated that it did not currently impact the parking.
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to approve
Petition 13-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Moeller, Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 12-87 ADOPTED RATIFYING THE EXECUTION OF REAL ESTATE
CONTRACT AND RIDER TO REAL ESTATE CONTRACT (463 EAST CHICAGO
STREET-NSP PROPERTY)
Councilmember Prigge asked for an overview of the sale price and the financing arrangement.
Corporation Counsel Cogley noted the sale price for the property was $194,000. Corporation
Counsel Cogley also noted there was a $20,000 forgivable rider. He explained the terms of the
rider and noted that it complied with the Neighborhood Stabilization Property (NSP) guidelines.
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-87
RESOLUTION
RATIFYING THE EXECUTION OF REAL ESTATE CONTRACT AND
RIDER TO REAL ESTATE CONTRACT
(463 East Chicago Street - NSP Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of real estate contract and rider to real estate
contract by Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, regarding t he
sale of 463 East Chicago Street to Benjamin M. Eubank for $194,000, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII APRIL 25, 2012
215
Presented: April 25, 2012
Adopted: April 25, 2012
Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G25-12 PASSED GRANTING A CONDITIONAL USE FOR A
VETERINARY SERVICE FACILITY FOR HOUSEHOLD PETS IN THE CC2 CENTER
CITY DISTRICT (251 CENTER STREET)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G25-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A VETERINARY SERVICE FACILITY FOR
HOUSEHOLD PETS IN THE CC2 CENTER CITY DISTRICT
(251 Center Street)
WHEREAS, written application has been made requesting conditional use approval for a
Veterinary Service Facility for Household Pets in the CC2 Center City District; and
WHEREAS, the Planning & Zoning Commission 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 Planning & Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated March 5, 2012 made by the Planning & Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
APRIL 25, 2012 VOLUME LXXVII
216
Section 2. That a conditional use to permit the establishment of a veterinary service
facility for household pets in the CC2 Center City District at 251 Center Street and legally
described as follows:
The south 44 feet of lot 40 of Phineas J. Kimball’s Jr. second addition to
Elgin, in the city of Elgin, Kane County, Illinois. (Property Commonly
Known As 251 Center Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Fur keeps Animal Rescue, dated received January 13, 2012. 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 following exhibits submitted by Fur Keeps
Animal Rescue, dated received Janurary13, 2012.
a. Plat of Survey dated September 20, 2011
b. Main level floor plan
c. Second level floor plan
d. Sign-building elevation drawing
e. Consent and Disclosure
f. Legal description
In the event of any conflict between such exhibits and other applicable city
ordinances, such other applicable city ordinances shall supersede and control.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics
of the Elgin Municipal Code.
4. Compliance with all other codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII APRIL 25, 2012
217
Presented: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G26-12 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 Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G26-12
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 6.06.040 of the Elgin Municipal Code, 1976, as amended,
entitled "License Classes; Fees:" be and is hereby further amended by amending subparagraph W
thereof which relates to Class U and U-1 licenses to read as follows:
"Class U:
Class U: For the retail sale of alcoholic liquor on the specified premises in any
public place kept, used, maintained, advertised and held out to the public as a
place where meals are served, and where meals actually are served and regul arly
served, without sleeping accommodations, such space being provided with
adequate and sanitary kitchen facilities licensed and certified pursuant to the city's
retail food stores and food service establishments sanitation code, 77 Illinois
administrative code 750, and with dining room equipment and capacity and
having employed therein a sufficient number and kind of employees to prepare,
cook and serve suitable food for its guests. The intent of this license classification
is that the primary business conducted on the premises to be licensed shall be the
service of meals in a restaurant that also has an integrated tavern area. A full
menu, including entrees and appropriate side dishes, shall be available at all times
APRIL 25, 2012 VOLUME LXXVII
218
liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through
Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times,
in the event a full menu is not provided, a reduced menu, which includes only
appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be
available. Provided, the kitchen may cease operating no sooner than one hour
before closing.
A licensee holding a class U license may sell or permit to be sold alcoholic
liquors daily from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the
following day. A licensee holding a class U license may also sell or permit to be
sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving
Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following da y
and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00)
A.M. the following day. All such liquor service shall be by the drink only,
excepting vinous beverages by the bottle or carafe, or beer by the pitcher of a
capacity not to exceed sixty (60) ounces.
There shall be no exterior signage on any premises issued a class U liquor license
indicating or advertising the sale of alcoholic liquor.
The license fee per year is one thousand one hundred dollars ($1,100.00).”
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 to read as follows:
“6.06.050: Licenses; Number To Be Issued:
A. The number of class A licenses shall not exceed eleven (11) in number.
B. The number of class A-1 licenses shall not exceed one (1) in number.
C. The number of class B licenses shall not exceed twenty-three (23) in
number.
D. The number of class B-1 licenses shall not exceed ten (10) in number.
E. The number of class B-2 licenses shall not exceed two (2) in number.
F. The number of class B-3 licenses shall not exceed four (4) in number.
G. The number of class C-1 licenses shall not exceed one (1) in number.
H. The number of class E-2 licenses shall not exceed three (3) in number.
I. The number of class E-3 licenses shall not exceed three (3) in number.
VOLUME LXXVII APRIL 25, 2012
219
J. The number of class F licenses shall not exceed eleven (11) in number.
K. The number of class F-1 licenses shall not exceed two (2) in number.
L. The number of class M licenses shall not exceed six (6) in number.
M. The number of class R licenses shall not exceed one (1) in number.
N. The number of class R-1 licenses shall not exceed one (1) in number.
O. The number of class S licenses shall not exceed one (1) in number.
P. The number of class U licenses shall not exceed two (2) in number.
Q. The number of class V licenses shall not exceed one (1) in number.
R. The number of class W licenses shall not exceed one (1) in number.
S. The number of class X licenses shall not exceed two (2) in number."
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect from and after May 1,
2012, upon its passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Passed: April 25, 2012
Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 25, 2012 VOLUME LXXVII
220
ORDINANCE G27-12 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC"
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G27-12
AN ORDINANCE
AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC"
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 and affairs; and
WHEREAS, the regulation of vehicles and traffic within the city pertains to the
government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled
"Vehicles and Traffic" be and is hereby further amended by adding a new chapter 11.10 thereto
entitled "Driving with No Valid Drivers License, Driving While Driver’s License, Permit or
Privilege to Operate a Motor Vehicle is Suspended or Revoked" to read as follows:
"11.10.010 Adopted:
The regulations of 625 Illinois Compiled Statutes Sections 5/6-101 (No Valid
Drivers License) and 5/6-303 (Driving While Driver’s License, Permit or
Privilege to Operate a Motor Vehicle is Suspended or Revoked), as amended, be
and are hereby adopted and incorporated by reference.
11.10.020 Penalty For Violation:
Any person convicted of a violation of violating any of the provisions in this
Chapter shall be fined not less than Five Hundred Dollars ($500) nor more than
Two Thousand Five Hundred Dollars ($2,500)."
Section 2. That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled
"Vehicles and Traffic" be and is hereby further amended by amending Section 11.40.010 thereof
entitled “Adopted” to read as follows:
VOLUME LXXVII APRIL 25, 2012
221
"11.40.010 Adopted:
The regulations of 625 Illinois Compiled Statutes Articles 12, 13 and 14,
inclusive, as amended, are adopted as the regulations requiring special stops and
miscellaneous rules of the road."
Section 3. That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled
"Vehicles and Traffic" be and is hereby further amended by amending Section 11.76.030 hereof
entitled "Charging of Violations of Adopted State Traffic Regulations" by amending
subparagraph A thereof to read as follows:
"A. When charging violations of any of the state traffic regulations adopted
within this Title 11 as ordinance violations, the paragraph numbering as
used in the Illinois Vehicle Code shall be prefixed by the number 11 for
this Title, so that, for example, when referring to the ordinance provision
for paragraph "11-501" of the Illinois Vehicle Code, that appropriate
provision of the Elgin Municipal Code would be "11-11-501"."
Section 4. That all ordinances or parts of ordinances that conflict with the provisions
of this ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 25, 2012 VOLUME LXXVII
222
PUBLIC HEARING ON THE ELECTRIC AGGREGATION PROGRAM PLAN OF
OPERATIONS AND GOVERNANCE
Mayor Kaptain declared the public hearing open at 7:39 p.m.
Colby Basham, Interim Public Works Director, provided an overview of the aggregation
program to date and the purpose of the public hearing. Mr. Basham introduced Mark Burns of
Independent Energy Consultants who provided a presentation regarding the details of the
aggregation program including the impact the program would have on residents. A copy of the
presentation is on file in the City Clerks office.
Terry Gavin, 980 Mohawk, asked who pays for the consultant, questioned what happens if a
resident has already brokered their own deal with a company, and if this included smart meters.
Mr. Burns stated that the winning supplier paid for the consultant, not the taxpayers. If a resident
made their own deal they would have to decide and make the change on their own. He stated the
smart meters were similar to real time pricing and they would not be included in the program.
David Segel asked if the Request for Proposals (RFP) would include alternative energy options
and different time periods. Mr. Burns indicated that both would be included in the RFP.
Mayor Kaptain declared the public hearing closed at 8:17 p.m.
CONSENT AGENDA
By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember
Moeller, to pass Ordinance Nos. G19-12 through G24-12 and adopt Resolution Nos. 12-69
through 12-86 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 12-69 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR WATER MAIN PURPOSES FROM FOX RIVER
BUSINESS LAND, LLC AND FOX RIVER THREE, LLC AND ACCEPTING FOR
OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (200
AIRPORT ROAD - LOT 2 FOX RIVER BUSINESS CENTER SOUTH)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVII APRIL 25, 2012
223
Resolution No.12-69
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
FOR WATER MAIN PURPOSES FROM FOX RIVER BUSINESS LAND, LLC
AND FOX RIVER THREE, LLC AND ACCEPTING FOR OWNERSHIP AND
MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS
(200 Airport Road - Lot 2 Fox River Business Center South)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a plat of easement from Fox River Business Land, LLC and Fox River
Three, LLC for water main purposes for the property legally described on Exhibit A, a copy of
which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and
maintenance the following public improvements and appurtenances thereto located within the
easements described in such plat of easement: water: 1,455 feet of 8-inch ductile iron pipe
water main; 96 feet of 4-inch ductile iron pipe water main; four 8-inch valves in 4 foot valve
vaults; two 4-inch valves in 4 foot valve vaults; and 2 fire hydrants.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 25, 2012 VOLUME LXXVII
224
RESOLUTION 12-70 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT VACATING EASEMENTS AND GRANTING
EASEMENTS FOR UTILITY, WATER MAIN AND SANITARY SEWER PURPOSES
FROM GARDEN 6 JOINT VENTURE AND ACCEPTING FOR OWNERSHIP AND
MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (1330 CRISPIN DRIVE -
LOTS 21 AND 22 FOX BLUFF CORPORATE CENTER)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No.12-70
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT
OF EASEMENT VACATING EASEMENTS AND GRANTING EASEMENTS
FOR UTILITY, WATER MAIN AND SANITARY SEWER PURPOSES
FROM GARDEN 6 JOINT VENTURE AND ACCEPTING FOR
OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS
(1330 Crispin Drive - Lots 21 and 22 Fox Bluff Corporate Center)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a Plat of Easement from Garden 6 Joint Venture vacating certain
easements and granting easements for utility, water main and sanitary sewer purposes, prepared
by T.K.D. Land Surveyors, Inc. dated September 14, 2006 and revised October 10, 2006, for the
property legally described on Exhibit A, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and
maintenance the following public improvements and appurtenances thereto located within the
easements described in such plat of easement: water: 375 feet of 8-inch ductile iron pipe water
main; one 8-inch valve in a 4 foot valve vault; two 6-inch valves in 4 foot valve vaults; and 1 fire
hydrant; sanitary sewer: 696 feet of 10-inch PVC sewer and four 4 foot manholes.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII APRIL 25, 2012
225
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-71 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR PUBLIC UTILITY AND WATER MAIN PURPOSES
FROM PANCOR CONSTRUCTION AND DEVELOPMENT, LLC AND ACCEPTING
FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS
(2725 GALVIN COURT - LOT 1 RANDALL POINT WEST SUBDIVISION)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No.12-71
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
FOR PUBLIC UTILITY AND WATER MAIN PURPOSES
FROM PANCOR CONSTRUCTION AND DEVELOPMENT, LLC AND ACCEPTING
FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS
(2725 Galvin Court - Lot 1 Randall Point West Subdivision)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a plat of easement from Pancor Construction and Development, LLC for
public utility and water main purposes for the property legally described on Exhibit A, a copy of
which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and
maintenance the following public improvements and appurtenances thereto located within the
easements described in such plat of easement: water: 425 feet of 6-inch ductile iron pipe water
main; 618 feet of 10-inch ductile iron pipe water main; one 6-inch valve in a 5 foot valve vault;
APRIL 25, 2012 VOLUME LXXVII
226
one 6-inch valve in a 6 foot valve vault; one 10-inch valve in a 6 foot valve vault; and 3 fire
hydrants.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-72 ADOPTED AUTHORIZING EXECUTION OF A PLAT OF
VACATION OF A 20' WATER MAIN EASEMENT FROM MP HOLDINGS, LLC (2650
GALVIN DRIVE)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-72
RESOLUTION
AUTHORIZING EXECUTION OF A PLAT OF VACATION OF A
20' WATER MAIN EASEMENT FROM MP HOLDINGS, LLC
(2650 Galvin Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
to execute a Plat of Vacation of a 20' water main easement per document number 2001K100229
prepared by Jacob & Hefner Associates, Inc. dated March 18, 2011 and revised on April 21,
2011, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the Plat of Vacation to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII APRIL 25, 2012
227
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-73 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR A 20' EASEMENT FOR WATER MAIN PURPOSES
FROM MP HOLDINGS, LLC AND ACCEPTING FOR OWNERSHIP AND
MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (2650 GALVIN DRIVE)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No.12-73
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
FOR A 20' EASEMENT FOR WATER MAIN PURPOSES
FROM MP HOLDINGS, LLC AND ACCEPTING FOR OWNERSHIP AND
MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS
(2650 Galvin Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a plat of easement from MP Holdings, LLC for a 20' easement for water
main purposes for the property legally described on Exhibit A, a copy of which is attached
hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and
maintenance the following public improvements and appurtenances thereto located within the
easements described in such plat of easement: water: 170 feet of 6-inch ductile iron pipe water
main; 1,180 feet of 8-inch ductile iron pipe water main; 582 feet of 12-inch ductile iron pipe
APRIL 25, 2012 VOLUME LXXVII
228
water main; two 8-inch valves in 4 foot valve vaults; two 12-inch valves in 5 foot valve vaults;
and 5 fire hydrants.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-74 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT GRANT FOR PUBLIC STORM SEWER AND WATER
MAIN PURPOSES FROM ELGIN IMPROVEMENTS, LLC AND ACCEPTING FOR
OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (589 N.
MCLEAN BOULEVARD-WING PARK SHOPPING CENTER)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-74
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT
FOR PUBLIC STORM SEWER AND WATER MAIN PURPOSES
FROM ELGIN IMPROVEMENTS, LLC AND ACCEPTING FOR OWNERSHIP
AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS
(589 N. McLean Boulevard-Wing Park Shopping Center)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a plat of easement grant from Elgin Improvements, LLC for public storm
sewer and water main purposes for the property legally described on Exhibit A, a copy of which
is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
VOLUME LXXVII APRIL 25, 2012
229
BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and
maintenance the following public improvements and appurtenances thereto located within the
easements described in such plat of easement grant: water: 22 feet of 6-inch ductile iron pipe
water main and 1 fire hydrant; storm sewer: 105 feet of 12-inch RCP storm sewer.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-75 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR WATER MAIN PURPOSES FROM ELGIN AUTO
MALL LOT 2, LLC AND ACCEPTING FOR OWNERSHIP AND MAINTENANCE
CERTAIN PUBLIC IMPROVEMENTS (2020 N. RANDALL ROAD - LOT 2 RANDALL
ROSE AUTO MALL)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No.12-75
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
FOR WATER MAIN PURPOSES FROM ELGIN AUTO MALL LOT 2, LLC
AND ACCEPTING FOR OWNERSHIP AND MAINTENANCE
CERTAIN PUBLIC IMPROVEMENTS
(2020 N. Randall Road - Lot 2 Randall Rose Auto Mall)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a plat of easement for water main purposes from Elgin Auto Mall Lot 2,
LLC for the property legally described on Exhibit A, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
APRIL 25, 2012 VOLUME LXXVII
230
BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and
maintenance the following public improvements and appurtenances thereto located within the
easements described in such plat of easement: water: 68 feet of 6-inch ductile iron pipe water
main; 1,147 feet of 8-inch ductile iron pipe water main; one 8 inch valve and valve box; and 4
fire hydrants.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-76 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 1
SUBDIVISION
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-76
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
IN PROVIDENCE UNIT 1 SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance the public improvements in
the Providence Unit 1 Subdivision which include the sanitary sewer, water main, storm sewer,
pavement, sidewalk, bike path, street lights, signs, parkway trees and will add approximately
13,764 lineal feet of 8-inch water main; 3,054 lineal feet of 12-inch water main; 28, 8-inch
valves in 4-foot vaults; 6, 12-inch valves in 4-foot vaults; 58 fire hydrants; 14,848 lineal feet of
8-inch sanitary sewer; 89 sanitary manholes; 10,335 lineal feet of 12-inch storm sewer; 4,212
lineal feet of 15-inch storm sewer; 1,833 lineal feet of 18-inch storm sewer; 1,128 lineal feet of
21-inch storm sewer; 2,166 lineal feet of 24-inch storm sewer; 1,358 lineal feet of 27-inch storm
sewer; 829 lineal feet of 30-inch storm sewer; 488 lineal feet of 36-inch storm sewer; 93 catch
basins; 164 storm manholes; 58 street lights; 29 street signs; 1,700 lineal feet of bike path,
VOLUME LXXVII APRIL 25, 2012
231
20,793 lineal feet of improved street (including curb and gutter, parkway and sidewalk on both
sides of the street) and all their respective appurtenances to the city maintained facilities. For the
purpose of clarification, the approximate 1,700 linear feet of bike path to be owned and
maintained by the city is that which is located within the public right of way along Longcommon
Parkway and Cranston Avenue.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-77 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS IN GOOD SHEPHERD CROSSING
SUBDIVISION
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-77
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
IN GOOD SHEPHERD CROSSING 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 Good Shepherd Crossing Subdivision which include the water main and bike path and will
add approximately 1,778 lineal feet of 8-inch water main; 367 lineal feet of 24-inch water main;
3 8-inch valves in 4-foot vaults; 1 24-inch valve in a 6-foot vault; 3 fire hydrants; 1,167 lineal
feet of 10-foot wide asphalt bike path and all their appurtenances to the city maintained facilities.
s/ David J. Kaptain
David J. Kaptain, Mayor
APRIL 25, 2012 VOLUME LXXVII
232
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-78 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH HITCHCOCK DESIGN, INC. FOR THE RIVERSIDE DRIVE PROMENADE
PROJECT
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-78
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HITCHCOCK DESIGN, INC. FOR THE
RIVERSIDE DRIVE PROMENADE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement with Hitchcock Design, Inc. for the
Riverside Drive Promenade Project, copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII APRIL 25, 2012
233
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-79 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY,
INC. FOR ARC-FLASH STUDY (PHASE II)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-79
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH BURNS & McDONNELL ENGINEERING COMPANY, INC.
FOR ARC-FLASH STUDY
(Phase II)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute amendment agreement no. 1 on behalf of the City of Elgin
with Burns & McDonnell Engineering Company, Inc. for professional services in connection
with the Arc-Flash Study (Phase II), a copy of which is attached hereto and made a part hereof
by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 25, 2012 VOLUME LXXVII
234
RESOLUTION 12-80 ADOPTED AUTHORIZING EXECUTION OF A LICENSE
AGREEMENT WITH JUSTIN A. HODGE D/B/A BLUE HIPPO PEDAL BOATS AND
JAH'S CONCESSIONS STAND
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-80
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH
JUSTIN A. HODGE d/b/a BLUE HIPPO PEDAL BOATS
AND JAH’S CONCESSIONS STAND
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 license agreement on behalf of the City of Elgin with Justin
A. Hodge d/b/a Blue Hippo Pedal Boats and Jah’s Concessions Stand in connection with the
operation of a pedal boat rental business and a concession stand at Festival Park, a copy of which
is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-81 ADOPTED AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND
THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT FOR
FIRE DISPATCH SERVICES (MATERIALS TO FOLLOW)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVII APRIL 25, 2012
235
Resolution No. 12-81
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ELGIN AND THE SOUTH ELGIN AND COUNTRYSIDE FIRE
PROTECTION DISTRICT FOR FIRE DISPATCH SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Intergovernmental Agreement Between the City of Elgin and the
South Elgin and Countryside Fire Protection District on behalf of the City of Elgin for fire
dispatch and radio communication services, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-82 ADOPTED APPROVING FINAL PLAT FOR CLAYMART
SUBDIVISION (2454 ALFT LANE)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
APRIL 25, 2012 VOLUME LXXVII
236
Resolution No. 12-82
RESOLUTION
APPROVING FINAL PLAT FOR CLAYMART SUBDIVISION
(2454 Alft Lane)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the final plat prepared by Alan J. Coulson, P.C., Professional Land
Surveyors and dated April 16, 2012, for Claymart Subdivision.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-83 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH DAN SHOMON, INC.
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-83
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
DAN SHOMON, INC.
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 Dan
Shomon, Inc. for legislative representation, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII APRIL 25, 2012
237
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-84 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR.
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-84
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR.
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 Steven
Nemerovski and Lawrence Suffredin, Jr. for legislative representation, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 25, 2012 VOLUME LXXVII
238
RESOLUTION 12-85 ADOPTED AUTHORIZING THE CITY MANAGER TO
EXERCISE AN OPTION TO EXTEND THE TERM OF AN AGREEMENT WITH
WASTE MANAGEMENT OF ILLINOIS, INC. FOR THE PROVISION OF REFUSE,
RECYCLABLES AND YARD WASTE COLLECTION SERVICES
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 12-85
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXERCISE AN OPTION TO EXTEND
THE TERM OF AN AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC.
FOR THE PROVISION OF REFUSE, RECYCLABLES
AND YARD WASTE COLLECTION SERVICES
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 exercise the City
of Elgin’s option to extend the term of the agreement with Waste Management of Illinois, Inc.
for the provision of refuse, recyclables and yard waste collection services for an additional two
year from November 1, 2012 through October 31, 2014.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 12-86 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC
INCENTIVE AGREEMENT WITH AMERICAN NTN BEARING MANUFACTURING
CORPORATION (1700 HOLMES ROAD)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVII APRIL 25, 2012
239
Resolution No. 12-86
RESOLUTION
AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT
WITH AMERICAN NTN BEARING MANUFACTURING CORPORATION
(1700 Holmes Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Economic Incentive Agreement with American NTN Bearing
Manufacturing Corporation on behalf of the City of Elgin for economic development assistance
in connection with the development of 1700 Holmes Road, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Adopted: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G19-12 PASSED GRANTING A CONDITIONAL USE FOR A DRINKING
PLACE AND AN OUTDOOR EATING AND DRINKING FACILITY IN THE PAB
PLANNED AREA BUSINESS DISTRICT (1350 EAST CHICAGO STREET)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
APRIL 25, 2012 VOLUME LXXVII
240
Ordinance No. G19-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DRINKING PLACE AND
AN OUTDOOR EATING AND DRINKING FACILITY
IN THE PAB PLANNED AREA BUSINESS DISTRICT
(1350 East Chicago Street)
WHEREAS, written application has been made requesting conditional use approval for a
drinking place and outdoor eating and drinking facility in the PAB Planned Area Business
District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing after due
notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs with the findings and
recommendation of the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 5. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated March 5, 2012, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 6. That a conditional use to permit the establishment of a drinking place and
outdoor eating and drinking facility in the PAB Planned Area Business District at 1350 East
Chicago Street and legally described as follows:
That part of Section 17 and Section 20, both in Township 41 North, Range 9 East
of the third principal meridian, described as follows: commencing at the
northwest corner of the southwest quarter of aforesaid Section 17 and running
thence North 87 degrees 51 minutes 25 seconds East, along the North line of said
southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East
863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet;
thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64
degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1
minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8
seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East,
70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42
seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park
Road) as said road was dedicated by document no. 11200329; thence North 85
degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence
South 6 degrees 53 minutes 24 seconds East, along said line 15 feet; thence North
83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4
VOLUME LXXVII APRIL 25, 2012
241
degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0
minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46
seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West,
10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded
to the people of the State of Illinois, Department of Transportation, by deed
recorded August 5, 1998 as Document Number 98688397 more specifically
described as follows: that part of the northwest quarter of Section 20, Township
41 North, Range 9 East of the third principal meridian, in Cook County, Illinois
described as follows: commencing at the northwest corner of said northwest
quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet
(bearings assumed for description purposes only) along the north line of said
northwest quarter to the west right of way of Shales Parkway (Lovell Road) as
established by document no. 88486058; thence south 9 degrees 48 minutes 16
seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees
26 minutes 10 seconds west 36.64 feet, along said right of way line for the point
of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west,
20.00 feet, along said west right of way to the north right of way line of Chicago-
Elgin Road (Illinois Route 19) as established by document no. 11200329; thence
south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of
way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the
point of beginning: also excepting there from that part dedicated for public street
(a portion of Philips Way) by plat of dedication recorded June 7, 1990 as
Document No. 90267579 more particularly described as follows: beginning at the
northwest corner of the subject land; thence south 85 degrees 33 minutes 12
seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46
seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured
perpendicular, easterly of and parallel with a line that bears south 03 degrees 59
minutes 42 seconds east from the point of beginning; thence south 03 degrees 59
minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence
south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described
line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59
minutes 42 seconds east from the point of beginning; thence north 03 degrees 59
minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of
beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57
acres more or less (Property commonly known as 1350 East Chicago Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance, and
attachments, submitted by James McGrath, date received January 13, 2012.
2. Substantial conformance to the letter submitted by James McGrath, dated March 27,
2012.
3. Substantial conformance to the Floor Plan, prepared by Larry Anderson Planning Design,
date received January 13, 2012.
APRIL 25, 2012 VOLUME LXXVII
242
4. The drinking place is restricted to the tenant spaces at Suites 12, 13, 14, and 15 located
within the Highpoint Plaza Shopping Center at 1350 East Chicago Street. The outdoor
eating and drinking facility associated with the drinking place is generally limited to the
sidewalk in front of the tenant spaces associated with the drinking place and/or within no
more than four (4) parking spaces that front same adjacent sidewalk.
5. The outdoor eating and drinking facility shall comply with all local, state, and federal
regulations at all times, including but not limited to providing a 36-inch clear travel path
through it as required by the American Association of Disability Act Design Standards.
6. The final design and layout of the outdoor eating and drinking facility shall be reviewed
and approved by the Community Development Department. Minimally, if said facility is
to use parking spaces as allowed above, it shall (a) protect persons therein from vehicles
by including Jersey wall barriers on all sides adjacent to a parking space or drive aisle,
and (b) minimize trip hazards and provide accessibility by including a platform raised
such that the floor of the facility is level with the adjacent sidewalk. All barriers shall be
fully covered and include planter boxes. This facility is temporary in nature and is
permitted only from April to October. During all other months, the facility and all
associated parts shall be removed and the parking spaces there under made useable for
parking.
7. Umbrellas are the only free-standing shading or sheltering devices permitted within the
outdoor eating and drinking facility, provided they are appropriately secured to prevent
tipping. No artificial heating devices shall be permitted outside of the drinking place.
8. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code. Signage is not permitted within, upon, or along the outdoor eating and
drinking facility, including upon table umbrellas.
9. Compliance with all applicable codes and ordinances. In the event of any conflict
between the documents referred to in conditions 1 through 3 above, and this ordinance or
other applicable city ordinances, this ordinance or other applicable city ordinances shall
supersede and control.
Section 7. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 8. 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
VOLUME LXXVII APRIL 25, 2012
243
Presented: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G20-12 PASSED AMENDING SECTION 9.08.230 OF THE ELGIN
MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "RESTAURANT HOURS OF
OPERATION LIMITATIONS"
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G20-12
AN ORDINANCE
AMENDING SECTION 9.08.230 OF THE ELGIN MUNICIPAL CODE, 1976
AS AMENDED, ENTITLED "RESTAURANT HOURS OF OPERATION LIMITATIONS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 9.08.230 of the Elgin Municipal Code, 1976 as amended,
entitled "Restaurant Hours of Operation Limitations:" be and is hereby further amended to read
as follows:
"9.08.230: RESTAURANT HOURS OF OPERATION LIMITATIONS:
Except for additional hours of operation authorized in a liquor license issued by
the City of Elgin Local Liquor Control Commission, no person shall operate or
keep open to the public any restaurant located adjacent to any residentially zoned
property in the city, or separated from any residentially zoned property in the city
only by a public right of way, between the hours of twelve o'clock (12:00)
midnight until five thirty o'clock (5:30) A.M. Mondays through Saturdays, and
between the hours of one o'clock (1:00) A.M. until five thirty o'clock (5:30) A.M.
on Sundays. For the purposes of this section "restaurant" shall be defined to mean
an establishment in which the principal use is the service of prepared food and/or
beverages for consumption on and/or off the premises but shall not include
APRIL 25, 2012 VOLUME LXXVII
244
establishments where incidental prepared food and beverages is accessory to a
bakery, convenience store, meat market, or similar principal use nor shall it
include cafeterias that are accessory to hospitals, colleges, universities, schools, or
other similar principal uses. For the purposes of this section restaurant operations
shall not include restaurants which are providing off site deliveries only or service
limited to a drive-through window. For the purposes of this section residentially
zoned properties shall not include properties located in the CC1 center city district
or the CC2 center city district."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G21-12 PASSED AMENDING PGI PLANNED GENERAL INDUSTRIAL
DISTRICT ORDINANCE NO. G37-97 (921-927 NORTH STATE STREET)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVII APRIL 25, 2012
245
Ordinance No. G21-12
AN ORDINANCE
AMENDING PGI PLANNED GENERAL INDUSTRIAL DISTRICT
ORDINANCE NO. G37-97
(921-927 North State Street)
WHEREAS, the property described below was zoned PGI Planned General Industrial
District pursuant to Ordinance No. G37-97; and
WHEREAS, Ordinance No. G37-97 provided for a list of enumerated land uses restricted
only to “permitted uses” and subject to the provisions of Chapter 19.10 Land Use; and
WHEREAS, written application has been made to amend certain provisions of Ordinance
No. G37-97 by adding a list of “conditional uses” that will be subject to the provisions of
Chapter 19.10 Land Use; and
WHEREAS, after due notice in the manner provided by law, the Planning and Zoning
Commission conducted a public hearing concerning said application and has submitted its
written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated March 5, 2012, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G37-97 entitled “An Ordinance Reclassifying
Property in the PGI Planned General Industrial District, Ordinance No. G37-97,” passed August
13, 1997, be and is hereby amended only as set forth in this ordinance as follows:
A. That Section 2 E. “Land Use,” is amended by classifying the land uses presently
contained within the ordinance as “permitted uses” and further adding the
following section:
Conditional Uses: The following enumerated “land uses” [SR] shall be the only
uses allowed as “conditional uses” [SR] in this PGI district:
Services Division
1. Armored car service (7381)
2. Carpet and upholstery cleaning agents without plants on the premises
(7217)
APRIL 25, 2012 VOLUME LXXVII
246
3. Carpet or rug cleaning, dying and/or repairing plants (7217)
4. Industrial launderers (7218)
5. Linen supply (7213)
6. Other schools and educational services (829)
7. Outdoor advertising services (7312)
8. Personnel supply services (736)
9. Photofinishing laboratories (7384)
10. Professional sports operators and promoters (7941)
11. Refrigerator and air conditioning service and repair (7623)
12. Reupholstery and furniture repair (764)
13. Security systems services (7382)
14. Theatrical producers (792)
15. Truck route laundry and dry cleaning not operated by laundries or cleaners
(7212)
Agricultural Division
1. Landscape counseling and planning (0781)
2. Lawn and garden services (0782)
3. Ornamental shrub and tree services (0783)
4. Soil preparation services (071)
Construction Division
1. Building construction - general contractors and operative builders (15)
2. Construction - special trade contractors (17)
Manufacturing Division
1. Apparel and other finished products made from fabrics and similar
materials (23)
2. Fabricated metal products - assembly of products not involving the
manufacture of major components on-site (34)
3. Furniture and fixtures (25)
4. Industrial and commercial machinery and equipment (35)
5. Leather and leather products (31)
6. Lumber and wood products (24)
7. Rubber and miscellaneous plastics products (30)
8. Stone, clay, glass and concrete products (32)
9. Textile mill products (22)
Wholesale Trade Division
1. Apparel piece goods and notions (513)
2. Paper and paper products (511)
Transportation, Communication and Utilities Division
1. Courier services (4215)
2. Packing and crating (474)
3. "Radio and television antennas" [SR] (UNCL)
VOLUME LXXVII APRIL 25, 2012
247
4. Radio and television broadcasting stations (483)
5. "Satellite dish antennas" [SR] (UNCL)
6. "Treatment, transmission and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL)
Miscellaneous Uses Division
1. Indoor sports and athletic facilities and equipment
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That except as specifically amended herein Ordinance G37-97 shall
remain in full force and effect.
Section 5. 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: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G22-12 PASSED AMENDING PAB PLANNED AREA BUSINESS
DISTRICT ORDINANCE NO. G70-97 (495 AIRPORT ROAD)
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
APRIL 25, 2012 VOLUME LXXVII
248
Ordinance No. G22-12
AN ORDINANCE
AMENDING PAB PLANNED AREA BUSINESS DISTRICT
ORDINANCE NO. G70-97
(495 Airport Road)
WHEREAS, and the property described below was zoned PAB Planned Area Business
District pursuant to Ordinance No. G70-97; and
WHEREAS, the PCF Planned Community Facility District established by Ordinance No.
G10-97 was amended in its entirety by Ordinance No. G70-97, the effect of which was to adopt
an amended PAB Planned Area Business District for the property described below; and
WHEREAS, written application has been made to amend certain provisions of Ordinance
No. G70-97; and
WHEREAS, after due notice in the manner provided by law, the Planning & Zoning
Commission has conducted a public hearing concerning said application and has submitted its
written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated March 5, 2012 made by the Planning & Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G70-97 entitled “An Ordinance Amending A PAB
Planned Area Business District Ordinance”, passed November 19, 1997, be, and is hereby
amended only as set forth in this ordinance by amending Section 2I thereof entitled "Signs" as
follows:
1. The reference to the Bennigan's #1 sign also now referred to as the monument State
Street sign is amended by allowing such sign to be re-faced and to have an amended
surface area of 288 square feet with dimensions of 18 feet high by 16 feet wide.
2. The reference to the North Holiday Inn sign also now referred to as the Monument
Entry sign on Airport Road is amended to provide for a surface area of 89.16 square
feet with dimensions of 10 feet high by 8 foot 11 inches wide.
3. The reference to the South Holiday Inn building face (wall) sign is amended to
provide for a surface area of 93.54 square feet.
VOLUME LXXVII APRIL 25, 2012
249
4. The reference to the North Holiday Inn building face (wall) sign is amended to
provide for a surface area of 250 square feet.
5. The reference to the Southwest Holiday Inn building face (wall) sign is amended to
provide for a surface area of 93.54 square feet.
6. In this PAB district, street graphics shall be in compliance with Chapter 19.50, Street
Graphics, of the Elgin Municipal Code, 1976, as amended, and shall additionally be
in substantial conformance with the following conditions:
1. Substantial Conformance to the Petitioner’s Statement of Purpose
and Conformance, submitted with the development application,
prepared by Kieffer & Co., Inc., dated received January 18, 2012.
2. Substantial Conformance to the Letter of Authorization, dated
received January 18, 2012.
3. Substantial Conformance to the letter prepared by Kieffer &Co., to
the City of Elgin, dated received January 18, 2012.
4. Substantial Conformance to the sign packet sheets B61332,
B61332B, B61332C, B61332D, B613322E, B61332F, B61332G,
B61332H, B61332J, B61332K prepared by Kieffer & Co., Inc.
dated received January 18, 2012 and sheets HI-1001 labeled
Holiday Inn Nested Layout with Monogram prepared by IHG
InterContinental Hotels Group dated received January 18, 2012.
5. Substantial Conformance to Plat of Survey, prepared by Landmark
Engineering Group, sheet 1 of 1 date received January 18, 2012.
6. Substantial Conformance to the Letter of Authorization, dated
received January 18, 2012.
7. Compliance with all other applicable codes and ordinances.
Section 3. That except as specifically amended herein Ordinance G70-97 shall
remain in full force and effect.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
Section 5. This ordinance shall be in full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
APRIL 25, 2012 VOLUME LXXVII
250
Presented: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G23-12 PASSED APPROVING AND ADOPTING THE FERSON-OTTER
CREEK WATERSHED PLAN AS AN AMENDMENT TO THE COMPREHENSIVE
PLAN AND DESIGN GUIDELINES OF 2005
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G23-12
AN ORDINANCE
APPROVING AND ADOPTING THE FERSON-OTTER CREEK WATERSHED
PLAN AS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND
DESIGN GUIDELINES OF 2005
WHEREAS, the City of Elgin has heretofore adopted the Comprehensive Plan and
Design Guidelines of 2005 for the City of Elgin; and
WHEREAS, on February 20, 2012, the Planning and Development Commission of the
City of Elgin conducted a public hearing on the proposed Ferson-Otter Creek Watershed Plan;
and
WHEREAS, the Ferson-Otter Creek Watershed Plan was developed in a collaborative
manner with diverse stakeholder input; and
WHEREAS, stewardship of watershed resources including water quality is important to
the prosperity of residents and landowners of the City of Elgin and elsewhere in Kane County;
and
WHEREAS, the Ferson-Otter Creek Watershed Plan offers reasoned guidance to urban
and rural landowners and decision-makers alike for conserving the land, soil and water resources
of the Ferson-Otter Creek Watershed.
VOLUME LXXVII APRIL 25, 2012
251
WHEREAS, all persons appearing and desiring to be heard concerning said proposed
Ferson-Otter Creek Watershed Plan were heard at said public hearing; and
WHEREAS, the Planning and Development Commission has heretofore submitted its
findings and recommendation for the proposed Ferson-Otter Creek Watershed Plan; and
WHEREAS, the corporate authorities of the City of Elgin find and determine that it is in
the best interests of the City of Elgin to adopt the proposed Ferson-Otter Creek Watershed Plan
as an advisory document.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the Ferson-Otter Creek Watershed Plan, dated December 2011, a copy
of which is attached hereto and made a part hereof by reference, is hereby approved and adopted
as an amendment to the Comprehensive Plan and Design Guidelines of 2005.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G24-12 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
APRIL 25, 2012 VOLUME LXXVII
252
Ordinance No. G24-12
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 “Stopping, Standing, Parking Prohibited Where:” be and is hereby further amended by
deleting the following:
"Cooper Avenue South Morton Avenue to Hill Avenue"
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 ten days after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2012
Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012
Published: April 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Moeller, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Building Commission Minutes March 13, 2012
Cultural Arts Commission March 12, 2012
Liquor Commission Minutes March 7, 2012
Foreign Fire Insurance Tax Board January 10, 2012
Committee of the Whole Minutes for March 21, 2012
VOLUME LXXVII APRIL 25, 2012
253
City Council Minutes for March 21, 2012
Sales Tax Report
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Prigge, Steffen, and
Mayor Kaptain. Nays: None.
The meeting adjourned at 8:18 p.m.
s/ Kimberly Dewis May 9, 2012
Kimberly Dewis, City Clerk Date Approved