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VOLUME LXXVIII OCTOBER 23, 2013
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 23, 2013,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:36 p.m. The
Invocation was given by Torrance Clark from Elgin Community College and the Pledge of
Allegiance was led by Attorney Michael Gehrman.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE OCTOBER 9, 2013, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve the
October 9, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
COMMUNICATIONS
Cherie Murphy, Assistant to the City Manager for Community Engagement, recognized extra
mile heroes, Carl and Chris Misselle for their work with the City’s Parks and Recreation
Departments, Dan and Karen Fox for their work with the Gail Borden Library and Jack Shales
for his work with the United Way of Elgin.
Extra Mile Day Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, the city of Elgin is a community that acknowledges that a special vibrancy
exists within the entire community when its individual citizens collectively “go the extra mile” in
personal effort, volunteerism, and service; and
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430
WHEREAS, Elgin is a community that encourages its citizens to maximize their personal
contribution to the community by giving of themselves wholeheartedly and with total effort,
commitment, and conviction to their individual ambitions, family, friends, and community; and
WHEREAS, Elgin chooses to shine a light on and celebrate individuals and organizations
within its community who “go the extra mile” in order to make a difference and lift up fellow
members of their community; and
WHEREAS, Elgin acknowledges the mission of the Extra Mile America Foundation to
create 300 Extra Mile cities in America and is proud to support “Extra Mile Day”.
NOW, THEREFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois, do hereby
proclaim November 1, 2013, to be Extra Mile Day in Elgin, and encourage each individual in our
community to take time on this day to “go the extra mile” in his or her own life and to
acknowledge all those around who are inspirational in their efforts to make their organizations,
families, community, country, or world a better place.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd Day of October, 2013
David J. Kaptain
Mayor
BID 13-055 AWARDED TO J. GILL AND COMPANY FOR THE FOUNTAIN SQUARE
PARKING GARAGE MAINTENANCE REPAIRS
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract
to J. Gill and Company in the amount of $90,955 for the Fountain Square Parking Grage
maintenance repairs. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 33-13 APPROVED REQUESTING A MAP AMENDMENT FROM CI
COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS
DISTRICT, TO ALLOW FOR THE REDESIGN AND RECONSTRUCTION OF THE
EXISTING MOTOR VEHICLE DEALERSHIP BUILDING; PROPERTY LOCATED AT
1045 EAST CHICAGO STREET
Marc Mylott, Community Development Director, provided an overview of the project noting that
staff and the Planning and Zoning Commission are recommending approval subject to the
conditions outlined.
Councilmember Prigge made a motion, seconded by Councilmember Moeller, to approve
Petition 33-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
VOLUME LXXVIII OCTOBER 23, 2013
431
RESOLUTION 13-178 ADOPTED AUTHORIZING EXECUTION OF AN
ANNEXATION AGREEMENT (BLMS, LLC-14N250 RANDALL ROAD)
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 13-178
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(BLMS, LLC-14N250 Randall Road)
WHEREAS, the owners of record of certain territory described in Exhibit A, attached
hereto and made a part hereof by reference, desire annexation of said territory to the City of
Elgin; and
WHEREAS, said territory is not a part of any other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory
upon certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin
that it is in the best interests of the City of Elgin to enter into said annexation agreement as
proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby
authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the
form attached hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided
by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
OCTOBER 23, 2013 VOLUME LXXVIII
432
Presented: October 23, 2013
Adopted: October 23, 2013
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE S7-13 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF
ELGIN (14N250 RANDALL ROAD TO BE KNOWN AS 1500 N. RANDALL ROAD)
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. S7-13
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(14N250 Randall Road to be known as 1500 N. Randall Road)
WHEREAS, a petition signed by all the owners of record of certain territory has been
filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and
WHEREAS, said petition includes therein a statement under oath by all the owners of
record that no electors reside on the subject territory; and
WHEREAS, said territory is contiguous to the City of Elgin and is not within the
corporate limits of any municipality; and
WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have
been forwarded to all public bodies required to receive said notice in the manner provided by
law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the territory and lands described as follows be and are annexed to and
made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby
enlarged and extended to include in the corporate boundaries of the City of Elgin said territory:
That part of the Southeast Quarter of Section 31, Township 42 North, Range 8,
East of the Third Principal Meridian, described as follows: Commencing at the
Northeast corner of the said Southeast Quarter of Section 31; thence South 01
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433
degrees 41 minutes 39 seconds West, along the East line of the Southeast Quarter
of said Section 31, a distance of 1,337.70 feet to the Easterly extension of the
Southerly line of Holmes Road, as dedicated per document no. 97K033351,
thence South 88 degrees 53 minutes 04 seconds West, along said Easterly
extension, a distance of 60.07 feet to the Westerly right of way line of Randall
Road, said line being 60 feet Westerly measured perpendicular to, and parallel
with said east line of the Southeast Quarter of Section 31 for the point of
beginning; thence continuing South 88 degrees 53 minutes 04 seconds West,
along said Southerly line of Holmes Road, a distance of 516.44 feet to the
Easterly right of way line of Capital Street, as dedicated per document no.
95K03470, thence South 02 degrees 03 minutes 59 seconds West, along said
Easterly right of way line and Southerly extension of Capital Street, a distance of
445.36 feet to a line that bears South 88 degrees 51 minutes 39 seconds West
from a point on the East line of said Southeast Quarter that is 1,782.69 feet as
measured along said East line, Southerly of the aforesaid Northeast corner of the
Southeast Quarter; thence North 88 degrees 51 minutes 39 seconds East, along
said line, a distance of 519.35 feet to aforesaid Westerly right of way line of
Randall Road; thence North 01 degrees 41 minutes 39 seconds East along said
Westerly right of way line, a distance of 445.00 feet to the point of beginning.
Being situated in Dundee Township, Kane County, Illinois (currently commonly
known as 14N250 Randall Road, and upon annexation to be commonly known as
1500 N. Randall Road).
Section 2. That a certified copy of this ordinance together with an accurate map of
said territories shall be filed with the Recorder of Deeds, Kane County, Illinois.
Section 3. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 23, 2013
Passed: October 23, 2013
Vote: Yeas: 9 Nays: 0
Recorded: October 23, 2013
Published: : October 25, 2013
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
OCTOBER 23, 2013 VOLUME LXXVIII
434
ORDINANCE G46-13 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN
THE PAB PLANNED AREA BUSINESS DISTRICT (1500 N. RANDALL ROAD)
Councilmember Moeller made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G46-13
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(1500 N. Randall Road)
WHEREAS, the territory herein described commonly known as 1500 North Randall
Road, has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PAB
Planned Area Business 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 September 3, 2013, 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 Chapter 19.08, Section 19.08.020 entitled “Zoning District Map” of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
The boundaries hereinafter laid out in the ‘Zoning District Map’, as amended, be and are
hereby altered by including in the PAB Planned Area Business District the following
described property:
That part of the Southeast Quarter of Section 31, Township 42 North, Range 8, East of
the Third Principal Meridian, described as follows: Commencing at the Northeast corner
of the said Southeast Quarter of Section 31; thence South 01 degrees 41 minutes 39
seconds West, along the East line of the Southeast Quarter of said Section 31, a distance
VOLUME LXXVIII OCTOBER 23, 2013
435
of 1,337.70 feet to the Easterly extension of the Southerly line of Holmes Road, as
dedicated per document no. 97K033351, thence South 88 degrees 53 minutes 04 seconds
West, along said Easterly extension, a distance of 60.07 feet to the Westerly right of way
line of Randall Road, said line being 60 feet Westerly measured perpendicular to, and
parallel with said east line of the Southeast Quarter of Section 31 for the point of
beginning; thence continuing South 88 degrees 53 minutes 04 seconds West, along said
Southerly line of Holmes Road, a distance of 516.44 feet to the Easterly right of way line
of Capital Street, as dedicated per document no. 95K03470, thence South 02 degrees 03
minutes 59 seconds West, along said Easterly right of way line and Southerly extension
of Capital Street, a distance of 445.36 feet to a line that bears South 88 degrees 51
minutes 39 seconds West from a point on the East line of said Southeast Quarter that is
1,782.69 feet as measured along said East line, Southerly of the aforesaid Northeast
corner of the Southeast Quarter; thence North 88 degrees 51 minutes 39 seconds East,
along said line, a distance of 519.35 feet to aforesaid Westerly right of way line of
Randall Road; thence North 01 degrees 41 minutes 39 seconds East along said Westerly
right of way line, a distance of 445.00 feet to the point of beginning. Being situated in
Dundee Township, Kane County, Illinois (commonly known as 1500 N. Randall Road).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from F
Farming District in Kane County to PAB Planned Area Business District at 1500 North Randall
Road which shall be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PAB planned area business district is to
provide commodities and services to several neighborhoods, and in some
instances to a communitywide or regional supporting population, subject to the
provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is
most similar to, but departs from the standard requirements of the AB zoning
district.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, as amended. The exclusion of such symbol shall
not exempt such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PAB District, the use and development of land and
structures shall be subject to the provisions of Chapter 19.05, General Provisions,
of the Elgin Municipal Code, as may be amended from time to time.
D. Zoning Districts - Generally. In this PAB Planned Area Business District, the
use and development of land and structures shall be subject to the provisions of
Chapter 19.07, Zoning Districts, as may be amended from time to time.
E. Location and Size of District. PAB Planned Area Business Districts should be
located in substantial conformance to the official comprehensive plan. The
amount of land necessary to constitute a separate PAB District exclusive of rights
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436
of way, but including adjoining land or land directly opposite a right of way shall
not be less than two acres, unless such land is located between any nonresidential
zoning district, and any residence district or an residence conservation district,
which all have frontage on the same block. No departure from the required
minimum size of a planned district shall be granted by the City Council.
F. Land Use. In this PAB Planned Area Business District, the use and development
of land and structures shall be subject to the provisions of Chapter 19.10, Land
Use, of the Elgin Municipal Code, as amended. The following land uses shall be
the only permitted uses allowed within this PAB zoning district.
“Sale of new automobiles (defined to include passenger vehicles, sport utility
vehicles, vans and pickups) and accessory uses customarily accessory to such new
automobile retail sales, including without limitation: the sale of used
automobiles; the sale of automobile parts and tires; the performance of
automobile service, repairs and maintenance; the operation of a car wash for
dealership and customer vehicles; in-house financial services pertaining to
automobile sales.”
G. Site Design. In this PAB Planned General District, the use and development of
land and structures shall be subject to the provisions of Section 19.12, Site
Design, of the Elgin Municipal Code, as amended. The development of land and
structures shall be in substantial conformance with the following:
1. Substantial conformance with the application packet containing the following
attached documentation:
a. Petition for Annexation prepared and signed by BLMS, LLC and C&L
Farms, Inc., dated July 3, 2013.
b. Annexation and Planned Development Statements of Purpose and
Conformance and attachments, prepared by Scott G. Richmond, Esq., of
Ariano, Hardy, Ritt, Nyuli, Richmond, Lytle and Goettel, P.C. on behalf
of the applicant, BMLS, LLC, dated July 3, 2013.
2. Substantial conformance with the Development Plan containing the following
documents, and subject to required revisions, comments and recommendations of
the Community Development, Engineering, Water and Fire Departments:
a. Preliminary Site Plan prepared by Manhard Consulting, Ltd., dated May 6,
2013 and last revised on August 19, 2013.
b. Preliminary Engineering Plan prepared by Manhard Consulting, Ltd.,
dated May 6, 2013 and last revised on August 19, 2013.
c. Plat of Annexation entitled “Map of Territory Annexed to the City of
Elgin, Kane County, Illinois,” prepared by Manhard Consulting, Ltd.,
dated June 5, 2013.
d. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 20, 2013.
VOLUME LXXVIII OCTOBER 23, 2013
437
e. Site Landscape Plans consisting of the following plans prepared by
McCallum Associates, Inc., and Camburas & Theodore, Ltd., dated May
10, 2013 and last revised on August 19, 2013:
i. Sheet L-1.0 – Landscape Plan
ii. Sheet L-2.0 – Tree Inventory Plan
f. Site Photometric Plan, Sheet E0.1, prepared by Camburas & Theodore,
Ltd., dated November 16, 2012.
g. Building plans and elevations consisting of the following plans prepared
by Camburas & Theodore, Ltd., dated June 11, 2013.
i. Sheet A-1 – Exterior Elevations
ii. Sheet A-2 – Floor Plan
iii. Color Rendered Elevations and Building View Sheets
iv. Sheet A-1 – Exterior Elevations depicting Wall Signage
v. Sheet S-1 – Signage depicting Free-Standing Signage and
additionally revised on August 29, 2013.
h. Traffic Impact Study prepared by Gewalt Hamilton Associates, Inc., dated
June 6, 2013.
In the event of any conflict between the foregoing documents and this ordinance
or any other applicable city ordinances, this ordinance or other applicable city
ordinances shall supersede and control.
3. An above-ground gasoline storage tank not exceeding one storage tank up to
2,500 gallons for the fueling of dealership and customer automobiles may be
installed at the rear of the property, installed on a solid and level concrete pad,
properly screened with a masonry wall enclosure, and located, installed, listed and
labeled, maintained and utilized pursuant to the regulations within Title 16 of the
Elgin Municipal code and other applicable laws.
4. A protection and maintenance plan for the 48 inch DBH Oak Tree shall be
submitted to the city for review and approval of staff prior to adoption of a
resolution annexing the property to the City of Elgin.
5. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PAB Planned Area Business District, off street
parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of
the Elgin Municipal Code, as may be amended, except as provided within this
section.
I. Off Street Loading. In this PAB Planned Area Business District, off street
loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as
may be amended from time to time.
J. Signs. In this PAB Planned Area Business District, signs shall be subject to the
provisions of 19.50, Signs, as may be amended from time to time.
OCTOBER 23, 2013 VOLUME LXXVIII
438
K. Planned Developments. In this PAB Planned Area Business District, the use and
development of the land and structures shall be subject to the provisions of
Chapter 19.60, Planned Developments, as may be amended from time to time. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PAB
zoning district and without necessitating that all other property owners authorize
such an application.
L. Conditional Uses. In this PAB Planned Area Business District, application for
conditional uses shall be subject to the provisions of Chapter 19.65, Conditional
Uses, as may be amended from time to time. A conditional use may be requested
by an individual property owner for a zoning lot without requiring an amendment
to this PAB zoning district and without necessitating that all other property
owners authorize such an application.
M. Variations. In this PAB Planned Area Business District, application for variation
shall be subject to the provisions of Chapter 19.70, Variations, as may be
amended from time to time. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PAB
zoning district and without necessitating that all other property owners authorize
such an application.
N. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, as may be amended
from time to time.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 23, 2013
Passed: October 23, 2013
Vote: Yeas: 9 Nays: 0
Recorded: October 23, 2013
Published: : October 25, 2013
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXVIII OCTOBER 23, 2013
439
RESOLUTION 13-179 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC
INCENTIVE AGREEMENT WITH BRILLIANCE SUBARU OF ELGIN, INC. D/B/A
BRILLIANCE SUBARU (1500 N. RANDALL ROAD)
Councilmember Moeller made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Rauschenberger.
Resolution No. 13-179
RESOLUTION
AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT
WITH BRILLIANCE SUBARU OF ELGIN, INC. D/B/A BRILLIANCE SUBARU
(1500 N. Randall 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 Brilliance Subaru of Elgin, Inc.
d/b/a Brilliance Subaru on behalf of the City of Elgin for economic development assistance in
connection with the development of 1500 N. Randall Road, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 23, 2013
Adopted: October 23, 2013
Vote: Yeas: 8 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-180 TABLED RATIFYING THE EXECUTION OF AN
ASSIGNMENT AND ASSUMPTION OF LEASE BETWEEN THE LARKIN CENTER
AND LAWRENCE HALL YOUTH SERVICES
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve
Resolution 13-180.
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to table
Resolution 13-180. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
OCTOBER 23, 2013 VOLUME LXXVIII
440
RECONSIDER ORDINANCE G40-13 GRANTING A CONDITIONAL USE FOR A
TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT (210 DUPAGE STREET)
Mayor Kaptain made a motion, seconded by Councilmember Dunne, to reconsider Ordinance
G40-13 Granting a Conditional Use for a Tattoo Parlor in the CC1 Center City District (210
DuPage Street). Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Shaw,
Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge.
There was a discussion regarding the status of the petition.
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to table
Ordinance G40-13 Granting a Conditional Use for a Tattoo Parlor in the CC1 Center City
District (210 DuPage Street). Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller,
Powell, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge.
CONSENT AGENDA
By unanimous consent, Councilmember Moeller made a motion, seconded by Councilmember
Dunne, to pass Ordinance Nos. G45-13 and adopt Resolution Nos. 13-173 through 13-177 by
omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 13-173 ADOPTED AUTHORIZING EXECUTION OF A LICENSE FOR
CATERING SERVICES AGREEMENT WITH CUISINE AMERICA, INC.
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 13-173
RESOLUTION
AUTHORIZING EXECUTION OF A
LICENSE FOR CATERING SERVICES AGREEMENT
WITH CUISINE AMERICA, 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 a license for catering services agreement on behalf of the City
of Elgin with Cuisine America, Inc. for catering services at the Heritage Ballroom in The Centre,
a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVIII OCTOBER 23, 2013
441
Presented: October 23, 2013
Adopted: October 23, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-174 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH GREATER
ELGIN FAMILY CARE CENTER FOR INSTALLATION OF FLOORING
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 13-174
RESOLUTION
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH
GREATER ELGIN FAMILY CARE CENTER
FOR INSTALLATION OF FLOORING
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 community development block grant agreement with
Greater Elgin Family Care Center on behalf of the City of Elgin for the installation of flooring at
370 Summit Street and 450 Dundee Avenue, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 23, 2013
Adopted: October 23, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
OCTOBER 23, 2013 VOLUME LXXVIII
442
RESOLUTION 13-175 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT
WITH TEXZON UTILITIES FOR PROFESSIONAL SERVICES IN CONNECTION
WITH SOLICITING QUALIFIED RETAIL ELECTRIC AND NATURAL GAS
PROVIDERS FOR RETAIL ELECTRIC SERVICE AND RETAIL NATURAL GAS
SERVICE
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 13-175
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT WITH TEXZON UTILITIES
FOR PROFESSIONAL SERVICES IN CONNECTION WITH SOLICITING
QUALIFIED RETAIL ELECTRIC AND NATURAL GAS PROVIDERS
FOR RETAIL ELECTRIC SERVICE AND RETAIL NATURAL GAS SERVICE
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 Agreement with Texzon Utilities on behalf of the City of
Elgin for professional services in connection with soliciting qualified retail electric and natural
gas providers for retail electric service and retail natural gas service, a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 23, 2013
Adopted: October 23, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-176 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVIII OCTOBER 23, 2013
443
Resolution No. 13-176
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION
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 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
Presented: October 23, 2013
Adopted: October 23, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-177 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 13-177
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Kerri Malone be and is hereby appointed as a member of the Cultural Arts Commission for a
term that expires on November 1, 2016.
OCTOBER 23, 2013 VOLUME LXXVIII
444
BE IT FURTHER RESOLVED that John B. Mayer be and is hereby appointed as a
member of the Emergency Telephone System Board (E-911) for a term to expire May 1, 2015.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 23, 2013
Adopted: October 23, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G45-13 PASSED AMENDING PAB PLANNED AREA BUSINESS
DISTRICT ORDINANCE NO. G39-10 AND AMENDMENTS CONTAINED WITHIN
ORDINANCE NO. G55-12 (HIGH POINT PLAZA-1350 EAST CHICAGO STREET)
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G45-13
AN ORDINANCE AMENDING
PAB PLANNED AREA BUSINESS DISTRICTORDINANCE NO. G39-10
AND AMENDMENTS CONTAINED WITHIN ORDINANCE NO. G55-12
(High Point Plaza - 1350 East Chicago Street)
WHEREAS, the property commonly known as High Point Plaza at 1350 East Chicago
Street was zoned in the PAB Planned Area Business District pursuant to Ordinance No. G75-06;
and
WHEREAS, Ordinance No. G39-10 amended Ordinance No. G75-06 in its entirety; and
WHEREAS, Ordinance No. G39-10 was further amended by the provisions contained
within Ordinance No. G55-12; and
WHEREAS, written application has been made to further amend Ordinance Nos. G39-10
and G55-12, to allow for the establishment of a car wash bay within a tenant space in the
shopping center; and
VOLUME LXXVIII OCTOBER 23, 2013
445
WHEREAS, after due notice in the manner provided by law, the Planning & 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 has reviewed the findings and
recommendations 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 September 3, 2013, 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 Section 2. A. “Services Division” of Ordinance No. G55-12 entitled
“An Ordinance Amending PAB Planned Area Business District Ordinance No. G39-10” passed
September 26, 2012, be and is hereby amended only as set forth in this ordinance as follows:
That the following permitted land use is added:
9. Single enclosed “car wash” [SR] bay as a component land use with an automotive
rental and leasing establishment (without drivers), SIC 751, and specifically
limited to tenant space Unit #27.
And subject to the following conditions:
1. Substantial Conformance to the Statement of Purpose and Conformance for Hertz
Corporation, submitted with the development application dated received July 19,
2013. 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 Site and Floor Plans, submitted with the development
application, dated received July 19, 2013.
3. The wash bay will be restricted to the tenant space Unit #27, located at 1350 East
Chicago Street. In the event that the principal use of this tenant space changes to a
use other than an establishment whose purpose is to rent passenger vehicles to the
general public (specifically “automotive rental and leasing without drivers” SIC 751),
the authorization for a car wash bay provided for in this ordinance shall terminate and
the car wash bay shall be removed prior to the issuance of an occupancy permit for
the subsequent use.
4. Compliance with all other applicable codes and ordinances.
OCTOBER 23, 2013 VOLUME LXXVIII
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Section 3. That except as specifically amended herein, the use and development of
the Subject Property shall be controlled pursuant to the provisions of Ordinance G39-10 and
subsequent provisions contained within Ordinance No. G55-12, which two ordinances shall
remain in full force and effect. In the event of any conflict between this ordinance, which
expressly includes those documents within Section 2, and Ordinance No. G39-10 and Ordinance
No. G55-12, this ordinance and associated documents shall control and prevail.
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 23, 2013
Passed: October 23, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 23, 2013
Published: : October 25, 2013
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Board of Health July 8, 2013
Emergency Telephone System Board September 19, 2013
Parks and Recreation Advisory Board May 28 and June 25, 2013
Planning and Zoning Commission various for 2012
Planning and Zoning Commission various for 2013
Committee of the Whole Minutes for September 25, 2013
City Council Minutes for September 25, 2013
Disbursement Report
VOLUME LXXVIII OCTOBER 23, 2013
447
ANNOUNCEMENTS
Councilmember Dunne noted a recent article about volunteering in communities and
commended the Extra Mile Initiative and all the volunteers throughout the city.
Councilmember Prigge reminded residents about the charity boxing match, featuring Police
Chief Swoboda and Commander Ana Lalley being held on October 27th benefiting the National
Latino Peace Officers Association Aurora Chapter Scholarship Fund.
Councilmember Powell commented on the recently held dedication of the windmill in Foundry
Park.
Mayor Kaptain announced the Festival of Trees being held on November 9th which benefits the
Ecker Center.
Laura Valdez, Administrative Intern, announced upcoming city events.
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Shaw, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:02 p.m.
s/ Kimberly Dewis November 6, 2013
Kimberly Dewis, City Clerk Date Approved