HomeMy WebLinkAboutw - December 4, 2013 CC497
VOLUME LXXVIII DECEMBER 4, 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 December 4, 2013,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:50 p.m. The
Invocation was given by Pastor Gabriel Bardan from the Seventh Day Adventist Church and the
Pledge of Allegiance was led by Mayor David Kaptain.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE NOVEMBER 20, 2013, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve the
November 20, 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.
RECOGNIZE PERSONS PRESENT
Holly Mack passed out signs to the city council and asked them to consider their budget
decision’s impact on the residents.
Jason Dusenberry commented on the 2014 budget and the size of the total budget in comparison
to similar communities in the area.
David Donovan expressed his concerns regarding the proposed construction of ComEd’s Grand
Prairie Gateway Project.
John Kavalunos commented on the impact of the ComEd Grand Prairie Gateway Project and its
impact on property values and concerns about health issues.
DECEMBER 4, 2013 VOLUME LXXVIII
498
BID 13-056 AWARDED TO CARBON ACTIVATED CORPORATION FOR GAC
FILTER MEDIA REMOVAL AND REPLACEMENT
Councilmember Steffen made a motion, seconded by Councilmember Moeller, to remove Bid
13-056 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Councilmember Moeller made a motion, seconded by Councilmember Shaw, to award the bid to
Carbon Activated Corporation in the amount of $148,500 for the GAC filter media removal and
replacement. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 13-060 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT
CHEMICALS
Councilmember Steffen made a motion, seconded by Councilmember Dunne, to approve
contracts with Tanner Industries for ammonium hydroxide; Carus Corporation for potassium
permanganate; Univar USA for soda ash; and, KA Steel for caustic soda in the amount of
$605,100. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 13-062 AWARDED TO ADVOCATE/SHERMAN HEALTH FOR MEDICAL
EXAMINATIONS AND OTHER RELATED MEDICAL SERVICES
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to award a
contract to Advocate/Sherman Health in the amount of $36,000 for conducting pre‐placement,
annual and periodic medical examinations and other related medical services. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
BID 13-064 AWARDED TO POWER EQUIPMENT LEASING CO., INC. FOR
FORESTRY LINE
There was discussion regarding storage, repair, and transport of the equipment.
Councilmember Powell made a motion, seconded by Councilmember Moeller, to approve the
purchase of one line truck and insulated aerial lift from Power Equipment Leasing Co., Inc. of
Romeoville, Illinois in the amount of $141,902. Upon a roll call vote: Yeas: Councilmembers
Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
VOLUME LXXVIII DECEMBER 4, 2013
499
BID 13-065 AWARDED TO UTILITY DYNAMICS CORP. FOR LED STREET
LIGHTING RETROFIT PHASE ONE
There was a discussion regarding the history of the project, the reduction in cost and the long
time benefits to making the change.
Councilmember Gavin made a motion, seconded by Councilmember Moeller, to approve the
contract with Utility Dynamics Corp. for LED Street light retrofitting in the amount of $249,145
of which $71,183 will be reimbursed with grant proceeds. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
PUBLIC HEARING ON TRUTH IN TAXATION
Mayor Kaptain declared the public hearing open at 8:16 p.m.
Colleen Lavery, Chief Financial Officer noted that the total property taxes extended or abated in
2012 for collection in 2013 including adjustments totaled $41,006,000. The property taxes to be
levied in 2013, for collection in 2014, are $42,506,000. This equates to a $1,500,000 or 3.7%
increase in the total property tax levy. The property tax levies in 2012 and 2013 were reduced by
an additional $2,000,000 and $1,000,000 from budgeted amounts, respectively.
Chuck Keysor, 2 S. Jackson, talked about the budget process and the Committee of the Whole
discussions. He suggested eliminating presentations during budget discussions and returning the
start time to 6p.m. to allow more residents to attend the meetings.
Mayor Kaptain declared the public hearing closed at 8:21 p.m.
RESOLUTION 13-196 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 1 WITH HR GREEN, INC. FOR DESIGN, ADMINISTRATION
AND PLANNING ENGINEERING ACTIVITIES (2013 COMBINED SEWER
SEPARATION PROJECT-BLUFF CITY BOULEVARD PHASE I)
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Moeller abstained.
DECEMBER 4, 2013 VOLUME LXXVIII
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Resolution No. 13-196
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH HR GREEN, INC. FOR DESIGN, ADMINISTRATION AND
PLANNING ENGINEERING ACTIVITIES
(2013 Combined Sewer Separation Project-Bluff City Boulevard Phase I)
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 with HR Green, Inc. on behalf
of the City of Elgin for design, administration and planning engineering activities in connection
with the 2013 Combined Sewer Separation Project-Bluff City Boulevard Phase I, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-197 ADOPTED AUTHORIZING EXECUTION OF A GRANT
APPLICATION FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM FOR CARDIAC
MONITORS AND RELATED COMPONENTS
Councilmember Moeller made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Dunne abstained.
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501
Resolution No. 13-197
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT APPLICATION
FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM
FOR CARDIAC MONITORS AND RELATED COMPONENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that John Fahy, Fire Chief, be and is hereby authorized and directed to execute a grant
application from the Federal Emergency Management Agency (FEMA) Assistance To
Firefighters Grants Program for cardiac monitors and related components, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-198 ADOPTED DECLARING OPPOSITION TO THE PROPOSED
ROUTING AND DESIGN OF THE COMED GRAND PRAIRIE GATEWAY PROJECT
There was discussion regarding the residents’ opposition to the project, potential alternatives,
what the next steps were for the project, and suggestion of how residents could further relate
their opposition.
Councilmember Powell made a motion, seconded by Councilmember Gavin, 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.
DECEMBER 4, 2013 VOLUME LXXVIII
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Resolution No. 13-198
RESOLUTION
DECLARING OPPOSITION TO THE PROPOSED
ROUTING AND DESIGN OF THE COMED GRAND PRAIRIE GATEWAY PROJECT
WHEREAS, ComEd’s proposed Grand Prairie Gateway Project relates to a proposed new
345kV electric transmission line to be constructed between ComEd’s existing substations near
the communities of Byron and Wayne (the “Project”); and
WHEREAS, the new electric transmission line for the Project will travel across the
counties of Ogle, DeKalb, Kane and DuPage; and
WHEREAS, the proposed transmission line for the Project will include steel pole
aboveground structures approximately 150 to 160 feet high; and
WHEREAS, the proposed route of the Project runs through a southerly portion of the
City of Elgin along and adjacent to the right-of-way for the Canadian National Railroad; and
WHEREAS, such proposed route through the City of Elgin is immediately adjacent to
several existing residential developments in the City of Elgin including the Mulberry Grove
development on Umbdenstock Road, the Bowes Creek development on Bowes Road and the
Cedar Grove development on Bowes Road; and
WHEREAS, the Mulberry Grove development is a completed residential development of
84 townhomes and 169 detached single-family homes; and
WHEREAS, the Bowes Creek development is a residential development which is still in
the process of being developed and consists of 277 approved townhomes of which 190 have been
or are being constructed, and 688 approved detached single-family homes of which 198 have
been or are being constructed; and
WHEREAS, the Cedar Grove development is a residential development which is still in
the process of being developed and consists of 87 approved townhomes of which 17 have been
or are being constructed, and 52 approved detached single-family homes of which 33 have been
or are being constructed; and
WHEREAS, the proposed route through the City of Elgin for the Project is also
immediately adjacent to the Otter Creek Elementary School at 2701 Hopps Road in Elgin; and
WHEREAS, the consideration of the proposed route for such a Project must include not
only the financial tally for manpower and equipment, but also the impact on local residents and
resources and past and future land uses; and
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WHEREAS, the current proposed route of the Project through the City of Elgin fails to
satisfy criteria for the Project relating to social and land use impacts, number of affected
landowners and other stakeholders, proximity to homes and other structures, proximity to
existing and planned development, community acceptance and visual impact; and
WHEREAS, Section 18.28.040 of the City of Elgin Subdivision Code provides that all
electric utilities “shall be installed underground in all developments and subdivisions” and
Chapter 13.15 of the Elgin Municipal Code sets forth regulations concerning the construction of
utility facilities in the public right-of-way and Section 13.15.150F.2 thereof provides that
aboveground facilities may be installed in the public right-of-way only if “new underground
installation is not technically feasible”; and
WHEREAS, the aboveground tower design currently proposed by ComEd for the Project
will adversely affect the City of Elgin, its residents and landowners including having adverse
environmental impacts, adverse social and land use impacts, adverse impacts on numerous
landowners and other stakeholders, adverse impacts on homes and other structures, adverse
impacts on nearby existing and planned developments and an adverse visual impact on the
community; and
WHEREAS, the installation of the power lines underground for the Project within the
City of Elgin is technically feasible and would substantially mitigate the adverse impacts and
effects of the Project on the City of Elgin, its residents and landowners as compared to the
currently proposed aboveground tower design for the Project; and
WHEREAS, the City of Elgin has received numerous objections from Elgin residents
regarding the proposed routing and design of the ComEd Grand Prairie Gateway Project and the
Project does not have community acceptance within the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
1. That the foregoing recitals are hereby incorporated into this resolution in their
entirety.
2. That the proposed routing of the Grand Prairie Gateway Project through the City
of Elgin along and adjacent to the Canadian National Railroad right-of-way should not be
approved and ComEd should be required to consider alternative routes for the Project away from
developed residential areas and other sensitive sites such as schools.
3. That in the event a route for the Project is ultimately approved by the Illinois
Commerce Commission which runs through the corporate limits of the City of Elgin, ComEd
should be required to install the power lines in the corporate limits of the City of Elgin
underground rather than using the proposed aboveground tower design.
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504
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward this
resolution to the Illinois Commerce Commission and to ComEd.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G55-13 PASSED GRANTING A MAP AMENDMENT FROM CF
COMMUNITY FACILITY TO PNB PLANNED NEIGHBORHOOD BUSINESS
DISTRICT (± 19.5 ACRES AT SOUTHWEST CORNER OF MCLEAN BOULEVARD
AND SPARTAN DRIVE-700 SOUTH MCLEAN BOULEVARD)
Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Prigge abstained.
Ordinance No. G55-13
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM
CF COMMUNITY FACILITY TO
PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT
(+/- 19.5 acres at Southwest Corner of McLean Boulevard and Spartan Drive
700 South McLean Boulevard)
WHEREAS, written application pursuant to petition 35-13 has been made requesting a
map amendment from CF Community Facility District to PNB Planned Neighborhood Business
District; and
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 of fact and recommendation; and
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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 November 4, 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, 1976, 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 PNB Planned Neighborhood Business District the
following described property:
That part of the Southwest Quarter of Section 22, Township 41 North, Range 8 East o f
the Third Principal Meridian described as follows:
Commencing at the Southwest corner of said Southwest Quarter; thence North 88
degrees 32 minutes 57 seconds East along the South line thereof, 1293.15 feet to
Northeast corner of Lot 318 of College Green Subdivision Number 2, a subdivision of
part of the Northwest Quarter of Section 27, and part of the Northeast Quarter of
Section 28, Township and Range aforesaid for the point of beginning; thence North 00
degree 26 minutes 38 seconds East, 1344.75 feet to the Southerly line of Spartan Drive
per dedication by Document No. 1104835 recorded December 27, 1967; thence North
52 degrees 11 minutes 13 seconds East along said Southerly line 72.81 feet; thence
Easterly along said Southerly line being on a curve to the right having a radius of
470.0 feet an arc distance of 381.57 feet, (the chord of the last described curve bearing
North 75 degrees 26 minutes 40 seconds East, 371.17 feet); thence South 81 degrees
17 minutes 53 seconds East along said Southerly line 253.03 feet to the Westerly line
of McLean Boulevard per Document No. 1081166 recorded December 5, 1966 (said
line being 100.0 feet Westerly of the centerline of said road); thence Southerly along
said Westerly line being on a curve to the left having a radius of 4293.46 feet an arc
distance of 353.04 feet, (the chord of the last described curve bearing South 07 degrees
54 minutes 49 seconds West, 352.94 feet); thence South 05 degrees 33 minutes 29
seconds West along said Westerly line 769.94 feet; thence Southerly along said
Westerly line being on a curve to the left having a radius of 34,603.68 feet an arc
distance of 316.52 feet, (the chord of the last described curve bearing South 05 degrees
17 minutes 45 seconds West, 316.52 feet) to the South line of the Southwest Quarter
of Section 22 aforesaid; thence South 88 degrees 32 minutes 57 seconds West along
said South line 525.10 feet to the point of beginning, containing 19.5808 +/- acres, in
Kane County, Illinois, Which property is commonly known as 700 South McLean
Boulevard.
DECEMBER 4, 2013 VOLUME LXXVIII
506
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from
CF Community Facility to PNB Planned Neighborhood Business District for the property
commonly known as 700 South McLean Boulevard, and legally described above, which shall be
designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose and intent of the PNB zoning district is to
provide a planned commercial environment, subject to the provisions of Chapter 19.60
Planned Developments, of the Elgin Municipal Code, 1976, as amended.
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, 1976, as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PNB zoning 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, 1976, as amended.
D. Zoning Districts - Generally. In this PNB zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter 19.07,
Zoning Districts of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PNB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PNB zoning district exclusive of rights-of-way, but
including adjoining land or land directly opposite a right of way shall not be less than two
acres.
F. Land Use. In this PNB zoning 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, 1976, as amended. The only permitted, conditional, and similar land
uses allowed within this PNB zoning district shall be those permitted, conditional, and
similar land uses enumerated below:
A. Permitted Uses: The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PNB Planned Neighborhood Business District:
1. Residences division:
"Upper floor apartment dwellings" [SR] (UNCL).
2. Municipal services division:
Public parks, recreation, open space (UNCL)
3. Offices division:
"Offices" [SR] (UNCL).
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4. Finance, insurance, and real estate division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
5. Services division:
Advertising (731).
Automotive renting and leasing without drivers (751).
Barbershops (724).
Beauty shops (723).
"Bed and breakfast inns" [SR] (7011).
Carpet and upholstery cleaning agents without plants on the premises (7217).
Coin operated laundries and dry cleaning (7215).
Colleges, Universities, Professional Schools and Community Colleges (822)
Commercial, economic, sociological and educational research (8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer related services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and
collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Elementary and Secondary Schools (821)
Engineering, accounting, research, management and related services (87).
Garment pressing, and agents for laundries and dry cleaners (7212).
Home healthcare services (808).
Laundry collecting and distributing outlets (7211).
Legal services (811).
Libraries (823).
Mailing, reproduction, commercial art and photography, and stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Miscellaneous personal services not elsewhere classified (7299).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804).
Other schools and educational services (829)
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Refrigerator and air conditioning service and repair (7623).
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Reupholstery and furniture repair (764).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Videotape rental (784).
Vocation schools (824).
Watch, clock and jewelry repair (763).
6. Retail trade division:
Apparel and accessory stores (56).
Building materials, hardware and garden supply (52).
Carryout restaurants (5812).
Catalog and mail order houses (5961).
Direct selling establishments (5963).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores (5995).
Tobacco stores (5993).
Used merchandise stores (593).
7. Agricultural division:
Farm labor and management services (076).
Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the
zoning district (0181).
Landscape counseling and planning (0781).
8. Construction division:
"Contractor's office and equipment areas" [SR] (UNCL).
9. Manufacturing division:
Commercial printing occupying less than five thousand (5,000) square feet of gross floor
area (2752).
10. Transportation, communication and utilities division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
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Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing structures" [SR]
(UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
Local and suburban passenger transportation operators' offices (411).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission, and distribution facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
11. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed in the NB
neighborhood business district, subject to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in the NB neighborhood
business district, subject to the provisions of section 19.10.400 of this title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use
allowed in the NB neighborhood business district, subject to the provisions of chapter
19.47 of this title.
Outdoor display areas" [SR] (UNCL).
"Parking lots" [SR] (UNCL), exclusively as an "accessory use" [SR] to a permitted use
allowed in the NB neighborhood business district, subject to the provisions of chapter
19.45 of this title.
“Parking Structures” [SR] exclusively accessory [SR] to a permitted use allowed in the
zoning district, subject to the provisions of Chapter 19.45, Off Street Parking.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title.
"Temporary uses" [SR] (UNCL).
B. Conditional Uses: The following enumerated land uses shall be the only land uses
allowed as a conditional use in this PNB Planned Neighborhood Business District:
1. Municipal services division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of
land.
2. Public administration division:
Public administration (J) on a zoning lot containing less than two (2) acres of land.
DECEMBER 4, 2013 VOLUME LXXVIII
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3. Services division:
Arenas, Sportsfields and Stadiums (UNCL)
Billiard parlors (7999).
Bingo parlors (7999).
"Car washes" [SR] (7542).
Child daycare services (835).
Churches, convents, monasteries, and temples (8661).
Coin operated amusement establishments (7993).
Dance studios and schools (791).
Funeral service (726).
Home child daycare services [SR] (8351).
Individual and family social services (832).
Institutional child day care services [SR] (8351)
Job training and vocational rehabilitation services (833).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Motion picture theaters (7832).
Other schools and educational services (829).
Physical fitness facilities (7991).
Pool parlors (7999).
Sporting and Recreational Camps (7032)
Steam baths (7299).
Turkish baths (7299).
4. Retail trade division:
Convenience food stores, operated on a twenty four (24) hour basis (5411).
Drinking places (alcoholic beverages) (5813).
Drive-in restaurants (5812).
"Motor vehicle service stations" [SR] (554).
"Outdoor eating and drinking facilities" [SR] (5813).
"Package liquor sales establishments" [SR] (5921).
5. Agricultural division:
Dog grooming (0752).
Veterinary services for household pets (0742).
6. Transportation, communication and utilities division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Courier services (4215).
Electric Power Generation (UNCL)
Fixed facilities, and inspection and weighing services for motor vehicle transportation
(4785)
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
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511
Pipelines, except natural gas (461).
Railroad tracks (401).
School bus operators’ offices (415)
Transportation Services not elsewhere classified (4789)
"Treatment, transmission and distribution facilities: equipment, equipment buildings,
towers, exchanges, substations, regulators" [SR] (UNCL).
7. Miscellaneous uses division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in the NB
neighborhood business district, subject to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in the NB neighborhood
business district, subject to the provisions of section 19.10.400 of this title.
"Drive-through facilities" [SR] (UNCL), subject to the provisions of chapter 19.45 of this
title.
"Master signage plan" [SR], subject to the provisions of chapter 19.50 of this title.
“Parking Lots” [SR] subject to the provisions of Chapter 19.45 Off-Street Parking
(UNCL)
"Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres
of land, subject to the provisions of chapter 19.60 of this title.
C. Similar Uses: The following enumerated land uses shall be subject to classification as
a permitted use or as a conditional use in this PNB Planned Neighborhood Business
District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this
title:
1. Services division:
Amusement and recreational services, not elsewhere classified (7999).
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified (809).
Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Transportation, communication, and utilities division:
Transportation services not elsewhere classified (4789).
G. Site Design. In this PNB Planned Neighborhood Business District, the use and
development of land and structures shall be subject to the provisions of Chapter 19.12,
Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments,
of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. In this
PNB District, the use and development of land and structures shall be subject to the
following conditions:
DECEMBER 4, 2013 VOLUME LXXVIII
512
1. Substantial conformance to the Application and Statement of Purpose and
Conformance dated September 23, 2013 submitted by Marc Mylott, AICP,
Director, Community Development Department, City of Elgin.
2. Substantial conformance to the Plat of Survey of the property containing
approximately 19.5808 acres prepared by Alan J. Coulson, P.C. dated February 1,
2011.
3. Prior to any development of the Subject Property, the owner of the Subject
Property to be developed shall be required to submit a development plan to the
city for a public hearing and City Council approval pursuant to the provisions of
Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as
amended.
4. Conformance to all other applicable codes and ordinances.
H. Off-street Parking. Except as otherwise provided within this section, in this PNB
zoning district, off-street parking shall be subject to the provisions of chapter 19.45, Off
Street Parking, of the Elgin Municipal Code, as amended.
I. Off-street Loading. In this PNB zoning district, off-street loading shall be subject to the
provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as
amended.
J. Signs. In this PNB zoning district, signs shall be subject to the provisions of Chapter
19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended.
K. Planned Developments. In this PNB zoning district, the use and development of the
land and structures shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
L. Conditional Uses. In this PNB zoning district, application for conditional uses shall be
subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal
Code, 1976, as amended. An application for conditional use may be filed by an
individual property owner without necessitating that all other property owners in the
development authorize such application.
M. Variations. In this PNB zoning district, application for variation shall be subject to the
provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended.
An application for variation may be filed by an individual property owner without
necessitating that all other property owners in the development authorize such
application.
N. Subdivisions-Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city, as amended, and the Plat
Act of the State of Illinois.
VOLUME LXXVIII DECEMBER 4, 2013
513
O. 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, of the Elgin Municipal Code, 1976,
as amended.
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: December 4, 2013
Passed: December 4, 2013
Vote: Yeas: 8 Nays: 0 Abstain: 1
Recorded: December 4, 2013
Published: December 6, 2013
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Moeller, to pass Ordinance No. G54-13 and adopt Resolution Nos. 13-191 through 13-195 by
omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 13-191 ADOPTED AUTHORIZING EXECUTION OF A
QUOTATION/PURCHASE AGREEMENT WITH BIOMIST, INC. FOR FIVE BIOMIST
MINI SANITIZING SYSTEMS AND RELATED PRODUCTS
Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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.
DECEMBER 4, 2013 VOLUME LXXVIII
514
Resolution No. 13-191
RESOLUTION
AUTHORIZING EXECUTION OF A QUOTATION/PURCHASE AGREEMENT
WITH BIOMIST, INC. FOR FIVE BIOMIST MINI SANITIZING SYSTEMS
AND RELATED PRODUCTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to
execute a quotation/purchase agreement on behalf of the City of Elgin with Biomist, Inc. for five
Biomist mini sanitizing systems and related products, a copy of which is attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-192 ADOPTED AUTHORIZING EXECUTION OF A GRANT
APPLICATION FROM THE STATE OF ILLINOIS OFFICE OF THE STATE FIRE
MARSHAL SMALL EQUIPMENT GRANT PROGRAM FOR PERSONAL
PROTECTIVE EQUIPMENT
Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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 DECEMBER 4, 2013
515
Resolution No. 13-192
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT APPLICATION
FROM THE STATE OF ILLINOIS OFFICE OF THE STATE FIRE MARSHAL
SMALL EQUIPMENT GRANT PROGRAM FOR PERSONAL PROTECTIVE EQUIPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a grant
application to the State of Illinois Office of the State Fire Marshal Small Equipment Grant
Program for Personal Protective Equipment, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-193 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL
FOR THE CONTRACT WITH ALLIANCE CONTRACTORS FOR THE 2013
SIDEWALK REPAIR PROGRAM
Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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. 13-193
RESOLUTION
APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH
ALLIANCE CONTRACTORS FOR THE 2013 SIDEWALK REPAIR PROGRAM
WHEREAS, the City of Elgin has heretofore entered into a contract with Alliance
Contractors for the 2013 Sidewalk Repair Program; and
DECEMBER 4, 2013 VOLUME LXXVIII
516
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No. 1 and Final, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and
directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a
part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-194 ADOPTED AUTHORIZING ACCEPTANCE OF DEPARTMENT
OF JUSTICE FY2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
AND RATIFYING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF AURORA, THE CITY OF ELGIN AND THE
COUNTY OF KANE, ILLINOIS-JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
AWARD REGARDING TECHNOLOGY-RELATED PURCHASES
Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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. 13-194
RESOLUTION
AUTHORIZING ACCEPTANCE OF DEPARTMENT OF JUSTICE FY2013 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND RATIFYING THE
EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
AURORA, THE CITY OF ELGIN AND THE COUNTY OF KANE, ILLINOIS-JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM AWARD REGARDING TECHNOLOGY-
RELATED PURCHASES
VOLUME LXXVIII DECEMBER 4, 2013
517
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS ,
that the City of Elgin, Illinois hereby accepts the Department of Justice FY2013 Edward Byrne
Memorial Justice Assistance Grant in the amount of $18,959.50 and ratifying the execution of an
Intergovernmental agreement between the City of Aurora, the City of Elgin and the County of
Kane, Justice Assistance Grant (JAG) Program Award by Jeffrey A. Swoboda, Chief of Police,
and Kristie Hilton, Senior Management Analyst, regarding technology-related purchases, a copy
of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 13-195 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL
FOR THE CONTRACT WITH WATER WELL SOLUTIONS FOR REPAIRS TO DEEP
WELL #3
Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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. 13-195
RESOLUTION
APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH WATER
WELL SOLUTIONS FOR REPAIRS TO DEEP WELL #3
WHEREAS, the City of Elgin has heretofore entered into a contract with Water Well
Solutions for repairs to Deep Well #3; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No. 1 and Final, attached hereto.
DECEMBER 4, 2013 VOLUME LXXVIII
518
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and
directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a
part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2013
Adopted: December 4, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G54-13 PASSED GRANTING A CONDITIONAL USE FOR A DRINKING
PLACE WITH AN OUTDOOR EATING AND DRINKING FACILITY IN THE NB
NEIGHBORHOOD BUSINESS DISTRICT (550 SOUTH MCLEAN BOULEVARD)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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. G54-13
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DRINKING PLACE
WITH AN OUTDOOR EATING AND DRINKING FACILITY IN THE
NB NEIGHBORHOOD BUSINESS DISTRICT
(550 South McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval for a
drinking place with an outdoor eating and drinking facility in the NB Neighborhood 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 with the findings and
recommendation of the Planning & Zoning Commission.
VOLUME LXXVIII DECEMBER 4, 2013
519
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 4. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated November 4, 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 5. That a conditional use to permit the establishment of drinking place with
an outdoor eating and drinking facility in the NB Neighborhood Business District at 550 South
McLean Boulevard, and legally described as follows:
Lot 1 of Burnidge Bros. Industrial Park, Unit No.5, in the City of Elgin, Kane County,
Illinois (Property commonly known as 550 South McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the revised Statement of Purpose and Conformance, and
Attachments, submitted by Mike Deol on behalf of D Hangout Bar and Grill, dated
received October 29, 2013.
2. Substantial conformance to the Site Plan (Sheet A1.0) and Floor Plans (Sheet A2.0),
dated October 3, 2013, last revised dated October 29, 2013, prepared by Group A
Architecture.
3. Substantial conformance to the First Floor Layout Plan, Mike Deol on behalf of D
Hangout Bar and Grill, dated received October 28, 2013.
4. Use of the lower level will be restricted to an office space and storage only until such
time that the applicant can demonstrate compliance with the parking requirements
provided for within Chapter 19.45 of the Zoning Ordinance entitled “Off-Street Parking.”
Compliance with the requirements of this chapter, and all other applicable codes and
ordinances, shall allow the use of the lower level as a banquet facility, restaurant,
drinking place, and/or a listed permitted use without requiring an amendment to this
conditional use ordinance.
5. The installation of the vehicle use area landscape yards and associated planting materials
shall be completed no later than 24 months from the date of this conditional use approval.
6. Compliance with all applicable codes and ordinances.
Section 6. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
DECEMBER 4, 2013 VOLUME LXXVIII
520
Section 7. 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: December 4, 2013
Passed: December 4, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 4, 2013
Published: December 6, 2013
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Moeller made a motion, seconded by Councilmember Powell, 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.
Emergency Telephone System Board October 17, 2013
Parks and Recreation Advisory Board August 27 and October 29, 2013
Committee of the Whole Minutes for November 6, 2013
City Council Minutes for November 6, 2013
Telecommunications Tax
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Electric Tax
Natural Gas
VOLUME LXXVIII DECEMBER 4, 2013
521
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Moeller made a motion, seconded by Councilmember Steffen, 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 8:33 p.m.
s/ Kimberly Dewis December 18, 2013
Kimberly Dewis, City Clerk Date Approved