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VOLUME LXXX FEBRUARY 11, 2015
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 February 11, 2015,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m. The
Invocation was given by Pastor Gabriel Barden from the Seventh Day Adventist Church and the
Pledge of Allegiance was led by Councilmember Carol Rauschenberger.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE JANUARY 28, 2015, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the
January 28, 2015, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
RECOGNIZE PERSONS PRESENT
Patricia Harkin, the North East Neighborhood Association President, invited residents to attend a
fundraiser for the McKinley School Playground being held on February 21, 2015 at the Riverside
Club.
Jennifer Fikola, North West Neighborhood Association President, addressed the council
regarding the proposed sale of alcohol at RAM Foods. She stated that they were against this
proposal.
FEBRUARY 11, 2015 VOLUME LXXX
32
BID 14-054 AWARDED TO THE DAVEY TREE EXPERT COMPANY FOR PARKWAY
TREE TRIMMING
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract
to The Davey Tree Expert Company in the amount of $135,000 for parkway tree trimming to
provide comprehensive and cyclical maintenance of Elgin’s urban forest. Upon a roll call vote:
Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
BID 14-063 AWARDED TO RACK OFFICIALS FOR PARKS AND RECREATION
DEPARTMENT ATHLETIC PROGRAM OFFICIALS
There was a discussion regarding the selection of the officials based on geography, if
background checks are conducted, and what variables impacted the pricing.
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract
to RACK Officials in the amount of $66,506 to provide athletic program officials for softball and
basketball games for the Parks and Recreation Department Athletic Program. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
BID 15-001 AWARDED TO PLOTE CONSTRUCTION, INC. FOR 2015
NEIGHBORHOOD STREET RESURFACING PROGRAM
City Manager Stegall provided an update on the option to issue bonds to complete additional
street projects.
Councilmember Powell made a motion, seconded by Councilmember Gavin, to award a contract
to Plote Construction, Inc. in the amount of $2,237,240 for the 2015 Neighborhood Street
Resurfacing Program to improve pavement infrastructure on several adjacent streets within the
Heartland Meadows, Woodbridge South and Mulberry Grove subdivisions. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
CONTRACT AWARDED TO STANDARD EQUIPMENT COMPANY THROUGH THE
NORTHWEST MUNICIPAL CONFERENCE/SUBURBAN PURCHASING
COOPERATIVE JOINT PURCHASING PROGRAM FOR THE PURCHASE OF A
STOCK 2015 VACTOR MODEL 2112 PLUS FOR THE SEWER DIVISION ($371,369)
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract
to Standard Equipment Company in the amount of $371,369 for the purchase of a Stock 2015
Vactor Model 2112 Plus for the Sewer Division. Upon a roll call vote: Yeas: Councilmembers
Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
VOLUME LXXX FEBRUARY 11, 2015
33
RESOLUTION 15-23 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH BTE VIDEO, INC. FOR TV PRODUCTION PROGRAMMING AND VIDEO
SERVICES
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Prigge abstained.
Resolution No. 15-23
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
BTE VIDEO, INC. FOR TV PRODUCTION PROGRAMMING
AND VIDEO SERVICES
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 that Sean R. Stegall, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with BTE Video,
Inc. for TV production programming and video services, a copy of which is attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Steffen, to pass Ordinance Nos. G3-15 through G4-15 and adopt Resolution Nos. 15-16 through
15-22 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
FEBRUARY 11, 2015 VOLUME LXXX
34
RESOLUTION 15-16 ADOPTED AUTHORIZING PURCHASE OF TWO STRYKER
POWER LOAD SYSTEMS FROM STRYKER SALES CORPORATION
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 15-16 RESOLUTION AUTHORIZING PURCHASE OF TWO STRYKER POWER LOAD SYSTEMS FROM STRYKER SALES CORPORATION
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 purchase two
Stryker Power Load Systems from Stryker Sales Corporation for the total amount of $59,341.85
pursuant to the quotation therefor dated January 16, 2015, a copy of which is attached hereto and
made a part hereof by reference.
BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and in the best interests of the city
for the purchase authorized by this resolution.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 15-17 ADOPTED AUTHORIZING PURCHASE OF THIRTY-NINE
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED) AND RELATED
COMPONENTS FROM ZOLL MEDICAL CORPORATION
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXX FEBRUARY 11, 2015
35
Resolution No. 15-17
RESOLUTION
AUTHORIZING PURCHASE OF THIRTY-NINE AUTOMATIC EXTERNAL
DEFIBRILLATORS (AED) AND RELATED COMPONENTS FROM
ZOLL MEDICAL CORPORATION
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 purchase thirty-
nine automatic external defibrillators (AED) and related components from Zoll Medical
Corporation for the total amount of $52,244 pursuant to the quotation therefor dated January 26,
2015, a copy of which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and in the best interests of the city
for the purchase authorized by this resolution.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 15-18 ADOPTED AUTHORIZING PURCHASE OF THREE CARDIAC
MONITORS AND RELATED COMPONENTS FROM ZOLL MEDICAL
CORPORATION
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
FEBRUARY 11, 2015 VOLUME LXXX
36
Resolution No. 15-18
RESOLUTION
AUTHORIZING PURCHASE OF THREE CARDIAC MONITORS
AND RELATED COMPONENTS FROM
ZOLL MEDICAL CORPORATION
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 purchase three
cardiac monitors and related components from Zoll Medical Corporation for the total amount of
$83,480.12 pursuant to the quotation therefor dated January 13, 2015, a copy of which is
attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and in the best interests of the city
for the purchase authorized by this resolution.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 15-19 ADOPTED AUTHORIZING EXECUTION OF A RESTAURANT
LEASE AND SERVICES AGREEMENT WITH G&L GLENWOOD, LLC TO
OPERATE FOOD AND BEVERAGE OPERATIONS AT THE HIGHLANDS OF ELGIN
GOLF COURSE
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXX FEBRUARY 11, 2015
37
Resolution 15-19
RESOLUTION
AUTHORIZING EXECUTION OF A RESTAURANT LEASE AND SERVICES AGREEMENT WITH G&L GLENWOOD, LLC TO OPERATE FOOD AND BEVERAGE OPERATIONS AT THE HIGHLANDS OF ELGIN GOLF COURSE
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 restaurant lease and services agreement on behalf of the City of Elgin
with G&L Glenwood, LLC to operate food and beverage operations at The Highlands of Elgin
Golf Course, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 15-20 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THOMAS ENGINEERING GROUP, LLC FOR DESIGN, ADMINISTRATION
AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE 2015
NEIGHBORHOOD STREET REHABILITATION PROJECT-ST. JOHN STREET
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 15-20
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THOMAS ENGINEERING GROUP, LLC FOR DESIGN, ADMINISTRATION
AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE 2015
NEIGHBORHOOD STREET REHABILITATION PROJECT-ST. JOHN STREET
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 Thomas
FEBRUARY 11, 2015 VOLUME LXXX
38
Engineering Group, LLC for design, administration and planning engineering services in
connection with the 2015 Neighborhood Street Rehabilitation Project-St. John Street, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 15-21 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A
PUBLIC RIGHT-OF-WAY AND GRANT OF EASEMENT (2601 MASON ROAD)
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 15-21
RESOLUTION
ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC RIGHT-OF-WAY
AND GRANT OF EASEMENT
(2601 Mason Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain plat of dedication for a public right-of-way and grant of easement
prepared by Manhard Consulting Ltd., an Illinois land surveyor, and dated September 11, 2014,
last revised September 17, 2014, for the property legally described as follows:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER (EXCEPT THE NORTH 10.50 CHAINS) OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF SAID SECTION 31; THENCE SOUTH 00 DEGREES 36
MINUTES 14 SECONDS WEST ALONG THE EAST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 40.01 FEET TO A LINE
VOLUME LXXX FEBRUARY 11, 2015
39
DRAWN PARALLEL WITH AND 40.00 FEET SOUTH OF THE NORTH
LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES
39 MINUTES 17 SECONDS WEST ALONG SAID PARALLEL LINE, A
DISTANCE OF 1260.80 FEET TO A LINE DRAWN PARALLEL WITH AND
60.00' EAST OF THE EAST LINE OF THE BESAL SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1996 AS
DOCUMENT 96K071800; THENCE SOUTH 00 DEGREES 37 MINUTES 42
SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 654.11
FEET TO A TANGENT CURVE; THENCE SOUTH ALONG SAID TANGENT
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 510.00
FEET SUBTENDING A CHORD BEARING SOUTH 05 DEGREES 22
MINUTES 48 SECONDS WEST, AN ARC DISTANCE OF 84.59 FEET TO A
TANGENT LINE; THENCE SOUTH 10 DEGREES 07 MINUTES 54
SECONDS WEST ALONG SAID TANGENT LINE, A DISTANCE OF 72.37
FEET TO A TANGENT CURVE; THENCE SOUTH ALONG SAID TANGENT
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 390.00
FEET SUBTENDING A CHORD BEARING SOUTH 04 DEGREES 59
MINUTES 11 SECONDS WEST, AN ARC DISTANCE OF 70.05 FEET TO A
TANGENT LINE; THENCE SOUTH 00 DEGREES 09 MINUTES 32
SECONDS EAST ALONG SAID TANGENT LINE, A DISTANCE OF 412.14
FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST
QUARTER, ALSO BEING THE NORTH LINE OF RANDALL CROSSING
BUSINESS PARK SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED FEBRUARY 25, 2005 AS DOCUMENT 2005K022055 AND
ALSO BEING THE NORTHEAST CORNER OF ALFT LANE AS
DEDICATED BY DOCUMENT 2005K022055; THENCE SOUTH 89
DEGREES 49 MINUTES 14 SECONDS WEST ALONG SAID NORTH LINE,
A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SAID
ALFT LANE; THENCE NORTH 00 DEGREES 09 MINUTES 32 SECONDS
WEST, A DISTANCE OF 412.17 FEET TO A TANGENT CURVE; THENCE
NORTH ALONG SAID TANGENT CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 450.00 FEET SUBTENDING A
CHORD BEARING NORTH 04 DEGREES 59 MINUTES 11 SECONDS EAST,
AN ARC DISTANCE OF 80.82 FEET TO A TANGENT LINE; THENCE
NORTH 10 DEGREES 07 MINUTES 54 SECONDS EAST ALONG SAID
TANGENT LINE, A DISTANCE OF 72.37 FEET TO A TANGENT CURVE;
THENCE NORTH ALONG SAID TANGENT CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 450.00 FEET SUBTENDING A
CHORD BEARING NORTH 05 DEGREES 22 MINUTES 48 SECONDS EAST,
AN ARC DISTANCE OF 74.64 FEET TO THE SOUTHEAST CORNER OF
SAID BESAL SUBDIVISION; THENCE NORTH 00 DEGREES 37 MINUTES
42 SECONDS EAST ALONG THE EAST LINE OF SAID BESAL
SUBDIVISION, A DISTANCE OF 693.10 FEET TO THE NORTH LINE OF
SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 39
MINUTES 17 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE
OF 1320.79 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
DUNDEE, IN KANE COUNTY, ILLINOIS.
FEBRUARY 11, 2015 VOLUME LXXX
40
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and
directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County,
Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 15-22 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 15-22
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Molly Miceli be and is hereby appointed as a member of the Cultural Arts Commission for a
term that expires on November 1, 2017.
BE IT FURTHER RESOLVED that Winifred Cooper be and is hereby appointed as a
member of the Human Relations Commission for a term to expire May 1, 2015.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Adopted: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
VOLUME LXXX FEBRUARY 11, 2015
41
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G3-15 PASSED RECLASSIFYING TERRITORY IN THE CI
COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS
DISTRICT (909 EAST CHICAGO STREET)
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G3-15
AN ORDINANCE
RECLASSIFYING TERRITORY IN THE
CI COMMERCIAL INDUSTRIAL DISTRICT TO
PAB PLANNED AREA BUSINESS DISTRICT
(909 East Chicago Street)
WHEREAS, written application has been made to reclassify certain property located at
909 East Chicago Street from CI Commercial Industrial District to PAB Planned Area 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 and recommendations; and
WHEREAS, the City Council of the City of Elgin concurs with 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 January 5, 2015, 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:
FEBRUARY 11, 2015 VOLUME LXXX
42
That part of the South Half of Section 18, Township 41 North, Range 9 East of the Third
Principal Meridian described as follows: Commencing at the Southeast corner of the
Southwest Quarter of Section 18; thence West along the South line of said Section 18, a
distance of 638.0 feet to the Southeast corner of a 14 acre tract or lot sold by Grote and
Church to Jay Legge; thence North 7 degrees 55 minutes East a distance of 516 feet;
thence North 82 degrees 05 minutes 00 seconds West a distance of 520.7 feet to the
Westerly line of Lot 9 of the County Clerks Subdivision of un-subdivided lots in Section
18, Township 41 North, Range 9 East of the Third Principal Meridian; thence North 7
degrees 55 minutes 00 seconds East, along said Westerly line, a distance of 415.70 feet to
a point on a line that is 500.00 feet Southerly of (measured at right angles thereto) and
parallel with the centerline of State Route 19 to the Point of beginning ; thence
continuing Northerly along said Westerly line of Lot 9, a distance of 486.8 feet (483.48
feet measure) to the Southerly line of State Route 19; thence Northwesterly along said
Southerly line of State Route 19, a distance of 286.8 feet; thence Southerly at right angles
to the last described course, a distance of 467.0 feet to a point on a line that is 500 feet
Southerly of (measured at right angles thereto) and parallel with the centerline of State
Route 19; thence Southeasterly along said Parallel line, a distance of 411.96 feet more or
less to the Point of Beginning, in Cook County, Illinois (commonly known as 909 East
Chicago Street).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI
Commercial Industrial District to PAB Planned Area Business District at 909 East Chicago
Street 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
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43
amount of land necessary to constitute a separate PAB 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, 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 to the Application and supporting documents
submitted by Charles M. Weck, including the following exhibits:
a. Consent and Disclosure statement submitted by Charles M. Weck,
Member of the 909 East Chicago LLC, dated October 20, 2014.
b. Statement of Purpose and Conformance prepared by Charles M.
Weck, dated October 20, 2014.
c. Plat of Survey prepared by Gremley & Biedermann, PLCS
Corporation, dated September 19, 2014.
d. Development exhibits entitled “Napleton’s Elgin KIA, 909 E.
Chicago Street, Elgin, IL,” and comprising of the following
drawings:
i. Existing/Demolition Site Plan and New Site Plan (Sheet A-2);
Existing/Demolition Exterior Elevations, Existing/Demolition
Mezzanine Floor Plan and Notes and Details (Sheet A-4); First
Floor Plan and Notes (A-6); Exterior Elevations, Mezzanine
Plan, Notes and Details (Sheet A-7), prepared by Sher -
Bergstrom Architects Inc., last revised date October 21, 2014.
ii. Landscape Plan for Napleton Elgin KIA, prepared by Prairie
Path Group, dated November 6, 2014.
iii. Exterior Rendering – prepared by Interbrand Design Forum,
dated May 2014.
iv. Proposed Graphics – prepared by Pattison Sign Group, Inc.,
last revised date September 23, 2014.
FEBRUARY 11, 2015 VOLUME LXXX
44
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.
2. Compliance with all other 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 specified within this
ordinance.
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 except as
provided for within Ordinance G22-09 entitled “An Ordinance Establishing
Special Regulations for Street Graphics for the Route 19/East Chicago Street Area
of Special Character” and additionally stipulated as follows:
1. The Building shall be allowed the installation of wall graphics in
substantial conformance to the Development Exhibits specified within
Section 3.G. of this ordinance.
2. Replacement of said existing free-standing graphics will require full
compliance with the requirements of Ordinance G22-09 entitled “An
Ordinance Establishing Special Regulations for Street Graphics for the
Route 19/East Chicago Street Area of Special Character.”
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 the property
owner without requiring an amendment to this PAB zoning district.
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 the property owner without requiring an amendment to this PAB zoning
district.
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 the property owner
without requiring an amendment to this PAB zoning district.
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45
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: February 11, 2015
Passed: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: February 11, 2015
Published: February 13, 2015
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G4-15 PASSED AMENDING CHAPTER 2.30 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESIDENTIAL
REHABILITATION PROGRAM"
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G4-15
AN ORDINANCE
AMENDING CHAPTER 2.30 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED “RESIDENTIAL REHABILITATION PROGRAM”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 2.30 of the Elgin Municipal Code, 1976, as amended, entitled
“Residential Rehabilitation Program” be and is hereby amended in its entirety to read as follows:
FEBRUARY 11, 2015 VOLUME LXXX
46
“Chapter 2.30
RESIDENTIAL REHABILITATION PROGRAM
2.30.010: TITLE:
2.30.020: DEFINITIONS:
2.30.030: ADMINISTRATION:
2.30.040: ESTABLISHMENT:
2.30.050: OWNER OCCUPIED, SINGLE-FAMILY DWELLING REHABILITATION
GRANT
PROGRAM:
2.30.060: HANDICAP ACCESSIBILITY PROGRAM:
2.30.070: EMERGENCY REPAIR PROGRAM:
2.30.080: GRANTS; GENERAL:
2.30.010: TITLE:
This chapter shall be entitled the RESIDENTIAL REHABILITATION PROGRAM. Any reference
to the residential rehabilitation program shall be construed to refer to this chapter and any
amendments.
2.30.020: DEFINITIONS:
DWELLING: A building, or portion thereof, used exclusively for human habitation.
DWELLING UNIT: One or more rooms containing individualized cooking, sleeping and
sanitary facilities which is designed, occupied or intended for use by one household for human
habitation.
HUD: The United States Department of Housing and Urban Development.
LAWFUL SINGLE-FAMILY DWELLING OR RENTAL RESIDENTIAL PROPERTY: A
single-family dwelling or rental residential property lawfully established under this code.
MOBILE HOME: A factory assembled structure designed for permanent habitation and so
constructed as to permit its transport on wheels, temporarily or permanently attached to its frame,
from the place of its construction to the location, or subsequent locations, and placement on a
temporary foundation, at which it is intended to be a permanent habitation, and situated so as to
permit the occupancy thereof as a dwelling unit for one or more persons.
MOBILITY LIMITED DISABLED INDIVIDUAL: Any person who is challenged by a physical
handicap that requires special fixtures or structural modifications, or some combination thereof,
in order to move independently in or about a residential structure.
OWNER OCCUPIED: A single-family dwelling occupied as the permanent bona fide residence
or domicile by the record title holder of the real property on which the single-family dwelling or
rental residential property is located.
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PROPERTY MAINTENANCE CODE: The city of Elgin property maintenance code, as
amended.
RESIDENTIAL REHABILITATION PROGRAM ELIGIBILITY GUIDELINES: Annually
revised Section 8 income guidelines used to determine eligibility in the residential rehabilitation
program.
SECTION 8: Section 8 of the United States housing act of 1937, as amended.
SECTION 8 INCOME GUIDELINES: The household income limits for participation in housing
assistance programs authorized by or consistent with the United States housing act of 1937, as
amended.
SINGLE-FAMILY DWELLING: A building with one dwelling unit. For the purposes of this
chapter, a mobile home shall constitute a single-family dwelling.
2.30.030: ADMINISTRATION:
The administration of the provisions of this chapter is hereby assigned to the community
development director or his or her designee. Applications hereunder shall be made to the
community development department which shall have the authority and responsibility for
carrying out the provisions of this chapter including preparation and periodic revision of the
residential rehabilitation program eligibility guidelines and rules and procedures not otherwise
established by this chapter and not in conflict with the provisions of this chapter that are deemed
necessary for administration of the residential rehabilitation grant program as defined in the City
of Elgin Community Development Block Grant Policies and Procedures Manual.
2.30.040: ESTABLISHMENT:
The following residential rehabilitation program is hereby established for the city:
A. Owner occupied, single-family dwelling rehabilitation program.
B. Emergency repair program.
C. Handicap accessibility program.
D. Lead based paint control/abatement program.
Funding for the established programs may be allocated until the funds budgeted for such use are
exhausted.
2.30.050: OWNER OCCUPIED, SINGLE-FAMILY DWELLING REHABILITATION
GRANT PROGRAM:
FEBRUARY 11, 2015 VOLUME LXXX
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A. Eligible Rehabilitation: Exterior repair or rehabilitation of owner occupied, lawful single-
family dwellings. Eligible assistance shall be limited to the actual costs incurred in
meeting the requirements of the property maintenance code.
B. Applicant Qualifications: Eligible applicants shall include any person who meets all of
the following qualifications:
1. Owns and occupies a lawful single-family dwelling located within the corporate
limits of the city and outside of a “Special Management Area” as defined in the Kane
County stormwater management ordinance as adopted by the City of Elgin including
a floodplain, regulatory floodplain, wetland, wetland mitigation area, or other like
area.
2. Is at least eighteen (18) years of age.
3. Is a member of a household meeting the current Section 8 guidelines established by
HUD.
C. Grants: The amount of any grant shall be determined by the community development
director or his or her designee in accordance with the following residential rehabilitation
program eligibility guidelines.
Applicants with household incomes meeting the Section 8 extremely low income, very
low and low income guidelines may qualify for a one hundred percent (100%) grant not
to exceed fifteen thousand dollars ($15,000.00). An additional grant in the amount not to
exceed ten thousand dollars ($10,000) for a total grant amount not to exceed twenty-five
thousand dollars ($25,000) may be provided for the removal or mitigation of lead based
paint hazards on the interior of the residential structure in accordance with the U.S.
Department of Housing and Urban Development’s (HUD) Lead Safe Housing Rule 24
CFR 35 entitled “Lead-Based Paint Poisoning Prevention in Certain Residential
Structures.”
In the event the total cost of the rehabilitation project exceeds fifteen thousand dollars
($15,000), the rehabilitation project shall not be eligible for a grant under this chapter. In
addition, in the event the total cost of the removal or mitigation of lead-based paint
hazards on the interior and/or exterior of the residential structure exceeds ten thousand
dollars ($10,000), the rehabilitation project shall not be eligible for a grant under this
chapter. In no event shall the amount of the grant under this chapter exceed twenty-five
thousand dollars ($25,000).
D. Conditions: Agreement Required: Program participation shall require the execution of an
agreement between the owner and the city. The community development director, or his
or her designee, is authorized to execute the agreement on behalf of the city. The
agreement shall include, but is not limited to, the following requirements for the owner:
VOLUME LXXX FEBRUARY 11, 2015
49
1. The owner shall allow a city selected and approved contractor to complete exterior
repair or rehabilitation of the owner occupied, lawful single-family dwelling
designated within the agreement in compliance with the property maintenance code
within a six (6) month period from the date of the execution of the agreement.
2. The owner shall retain ownership of and continue to occupy such rehabilitated owner
occupied, lawful single-family dwelling for a period not less than twelve (12) months
following the rehabilitation completion date as determined by the community
development director or his or her designee. Should the owner relinquish his or her
ownership interest during the twelve (12) month period, the grant shall be repaid by
the owner in full.
3. An owner who owns a property built prior to January 1, 1978, is subject to HUD’s
Lead Safe Housing Rule, 24 CFR 35 and the City’s lead hazard reduction policies as
defined in the City of Elgin Community Development Block Grant Policies and
Procedures Manual. The owner shall agree to the following to assist the city in
complying with its lead hazard reduction policies:
a. The owner shall allow an initial lead-based paint hazard inspection to be
conducted by a city-appointed inspector on the interior and exterior of the
dwelling and where applicable, on the interior and exterior common areas of the
property which may include but not be limited to the garage, fences and bare soil.
b. The owner shall agree to the mitigation or removal of any lead-based paint
hazards identified by the initial inspection on the interior and exterior of the
dwelling and as identified, on the interior and exterior common areas of the
property which may include but not be limited to the garage, fences and bare soil.
Any such mitigation or removal or any lead-based paint hazards will be
completed by the city's selected contractor at no cost to the owner through an
additional grant providing for such mitigation or removal pursuant to the
provisions of section 2.30.050.C.
c. During the time period of the initial inspection and during the course of the
project, the owner may be required to temporarily relocate from the property. The
costs associated with the temporary relocation of the owner shall be at no cost to
the owner, such temporary relocation costs to be paid from the grant funds for the
project pursuant to the provisions of section 2.30.050.C.
d. Regardless of participation in the program, the owner of a pre-1978 building shall
be required to disclose all the findings of the initial lead-based paint hazard
inspection and where applicable, risk assessment, and lead clearance reports upon
sale of the property, in accordance with HUD’s Lead Safe Housing Rule, 24 CFR
35, Subpart-A entitled “Disclosure of Known Lead-Based Paint and/or Lead-
Based Paint Hazards Upon Sale or Lease of Residential Property.”
FEBRUARY 11, 2015 VOLUME LXXX
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4. The owner shall allow periodic inspections of the property by the city to monitor the
progress of the work including, but not limited to, a final inspection. Upon
completion of the work, the owner shall allow a final lead-based paint hazard
inspection to be conducted by a city-appointed inspector on the interior and exterior
of the dwelling to determine the extent of lead hazard mitigation or removal and
allow the preparation of a lead clearance report.
5. To the greatest extent possible considering the maximum amount of funding available
to an individual owner within this Section 2.30.050.C, program participation and
exterior rehabilitation activities shall either result in full compliance, or demonstrate
working towards full compliance, with the property maintenance code as it applies to
the exterior of the single-family dwelling. The maximum amount of funding
available to an individual owner within Section 2.30.050, or an expectation of
participation in this program in future years, shall not stay enforcement of property
maintenance code violations.
2.30.060: HANDICAP ACCESSIBILITY PROGRAM:
A. Eligible Accessibility Work: Grants shall be awarded for structural modifications to
owner occupied, lawful single-family dwellings for the purchase and installation of
handicap accessibility fixtures for dwelling units occupied by households having one or
more mobility limited disabled individuals. Eligible assistance shall be limited to the
actual costs incurred in completing the designated accessibility work.
B. Applicant Qualifications: Eligible applicants shall include any person who meets the
following qualifications:
1. Owns and occupies a lawful single-family dwelling residential property located
within the corporate limits of the city and outside of a “Special Management Area” as
defined in the Kane County stormwater management ordinance as adopted by the
City of Elgin including a floodplain, regulatory floodplain, wetland, or wetland
mitigation area or other like area.
2. Is at least eighteen (18) years of age.
3. Is a member of a household meeting the current Section 8 guidelines established by
HUD.
4. Owns a lawful single-family dwelling residential property requiring structural
building modifications or the installation of handicap accessibility fixtures to serve
the accessibility needs of an occupant within the eligible household.
C. Grants: Owners with household incomes at or below the Section 8 low income guidelines
may qualify for a one hundred percent (100%) grant not to exceed five thousand dollars
($5,000.00), plus a one hundred percent (100%) grant toward lead-based paint control
and abatement activities not to exceed two thousand five hundred dollars ($2,500.00).
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D. Conditions: Agreement Required: Program participation shall require the execution of an
agreement between the property owner and the city. The community development
director, or his or her designee, is authorized to execute the agreement on behalf of the
city. The agreement shall include, but shall not be limited to the following requirements
for the owner:
1. The owner shall demonstrate the mobility limiting disability of a member of one or
more occupant households which require the accessibility improvements.
2. The owner shall allow periodic inspections by the city to monitor the progress of the
work including, but not limited to, a final inspection. In the event a grant toward lead-
based paint control and abatement activities is awarded to the owner, the owner shall
allow a final lead-based paint hazard inspection to be conducted by a city-appointed
inspector to determine the extent of lead hazard mitigation or removal and allow the
preparation of a lead clearance report.
3. The owner shall allow a city selected and approved contractor to complete the
accessibility improvements to the single-family dwelling in the agreement within a
six (6) month period following the date of the execution of the agreement.
2.30.070: EMERGENCY REPAIR PROGRAM:
A. Eligible Repair Work: Grants for the emergency repair of water service lines, sanitary
sewer laterals, furnaces, electrical systems and water heaters serving owner occupied,
lawful single-family dwellings. Grants for the repair of water service lines shall be
limited to the repair of those portions of the water service line extending from the water
shut off valve located in the public right of way servicing the single-family dwelling to
the terminus of the water service line at the single-family dwelling. Grants for the repair
of sanitary sewer laterals shall be limited to the portion of the sewer extending from the
single-family dwelling to the wye at the sanitary sewer main. For the purposes of this
section, the term "emergency" shall mean an unforeseen combination of circumstances
that calls for immediate action; a sudden unexpected happening; an unforeseen
occurrence or condition; a sudden or unexpected occasion for action; or a pressing
necessity. Grants for the routine repair or periodic maintenance of water and sewer
service lines, furnaces, electrical systems and water heaters are expressly precluded from
grant eligibility. Eligible assistance shall be limited to the actual costs incurred in
performing the designated emergency repairs.
B. Applicant Qualifications: Eligible applicants shall include any person who meets the
following qualifications:
1. Owns and occupies a lawful single-family dwelling located within the corporate
limits of the city and outside of a “Special Management Area” as defined in the Kane
County stormwater management ordinance as adopted by the City of Elgin including
a floodplain, regulatory floodplain, wetland, or wetland mitigation area or other like
area.
FEBRUARY 11, 2015 VOLUME LXXX
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2. Is at least eighteen (18) years of age.
3. Is a member of a household meeting the current Section 8 guidelines established by
HUD.
4. Requires the repair of a water service line, sewer service line, furnace, water heater or
electrical system serving a lawful single-family dwelling located within the corporate
limits of the city.
C. Grants: Eligible applicants may apply for a one time, one hundred percent (100%) grant,
not to exceed three thousand dollars ($3,000.00) to complete the necessary repairs.
D. Conditions; Agreement Required: Program participation shall require the execution of an
agreement between the applicant and the city. The community development director, or
his or her designee, is authorized to execute the agreement on behalf of the city. The
agreement shall include, but is not limited to, the following requirements for the
applicant:
1. When applicable, the applicant shall:
a. Demonstrate to the water director, or the water director's designee, that the water
service line serving the owner occupied, lawful single-family dwelling requires
emergency repair.
b. Demonstrate to the public works director, or the public works director's designee
that the sanitary sewer lateral serving the owner occupied, lawful single-family
dwelling requires emergency repair.
c. Demonstrate to the community development director, or the community
development director’s designee, that the furnaces, electrical systems and water
heaters serving the owner occupied, lawful single-family dwelling require
emergency repair.
2. The water director or public works director, when applicable, shall provide the
community development director with his or her findings regarding the applicant's
proposed emergency repairs prior to the community development director's execution
of the agreement.
3. The applicant shall complete the repairs designated within the agreement within a
sixty (60) day period following the date of the execution of the agreement.
4. The applicant shall retain ownership of the single-family dwelling for a period of six
(6) months following the completion date of the improvements, as determined by the
community development director or his or her designee.
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2.30.080: GRANTS; GENERAL:
A. Evaluations Required: The community development director, or his or her designee, shall
evaluate or cause to be evaluated all single-family dwelling properties for which a grant
or loan is sought pursuant to the terms of this chapter to determine whether they are
lawful, to confirm compliance with the property maintenance code, and to determine the
extent of lead-based paint hazards on the exterior and interior of the property. Such
evaluation shall be made prior to the execution of any agreement for a grant. A second
evaluation to confirm compliance with the property maintenance code and to determine
the extent of lead hazard mitigation or removal shall be made following completion of
work and prior to the payment of any grant.
B. Applications and Guidelines: The community development director, or his or her
designee, is hereby authorized and directed to prepare and distribute the appropriate
forms and guidelines for the implementation of this chapter.
C. Limitations: Grants or loans authorized under this chapter shall be limited to the
reimbursement of actual expenses incurred for eligible repairs, shall be payable only
upon satisfactory completion of the designated repairs and shall be limited to the amount
approved at the time of execution of the rehabilitation grant agreement. No grants shall
be approved for any un-authorized rehabilitation, repair, reconstruction, lead-based paint
hazard removal or accessibility improvement activities initiated or completed prior to the
execution of the rehabilitation grant agreement. No grant payments in the form of
advance payments or pre-payments shall be authorized. The community development
director, or his or her designee, shall make direct payments only to the contractor(s)
selected and approved to perform the work on the eligible repairs and only upon the
satisfactory completion of the designated repairs.
D. Extension of Contract: The community development director, or his or her designee, may
grant a onetime extension to a rehabilitation grant agreement authorized under this
chapter not exceeding six (6) months when there are circumstances, difficulties, or
hardships that make unreasonable the time for compliance specified by the rehabilitation
grant agreement. For the consideration of time extensions, personal circumstances
peculiar to the property owner or contractor (s) selected and approved to perform the
work may constitute such circumstances within the meaning of this subsection as related
to material shortages, labor strikes, or seasonal limitations preventing the completion of
the work contemplated in the rehabilitation grant agreement.
E. Failure to Perform: Failure to perform the obligations of the rehabilitation grant
agreement shall subject the owner to repayment of any grant monies received.
F. Penalty For Misrepresentation Or Failure To Comply With Conditions: Any person who
willfully makes any false statement or misrepresentation in obtaining a loan or grant
under the provisions of this chapter, or willfully fails to comply with the applicable
conditions affecting that person's grant or loan shall be subject to a fine of not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), shall be
required to reimburse the city for the amount of the grant, plus the city's costs in
FEBRUARY 11, 2015 VOLUME LXXX
54
administering that grant, and shall forfeit the right to any future participation in any
program authorized under the residential rehabilitation program ordinance.”
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
and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 11, 2015
Passed: February 11, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: February 11, 2015
Published: February 13, 2015
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Bicycle & Pedestrian Advisory Committee December 2, 2014
Hemmens Cultural Center Advisory Task Force January 6, 2014
Parks and Recreation Advisory Board September 30 and November 18, 2014
Retiree Health Insurance Trust Fund August 12, 2014
Committee of the Whole for January 14, 2015
City Council Minutes for January 14, 2015
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
VOLUME LXXX FEBRUARY 11, 2015
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ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adjourn the
meeting and return to the Committee of the Whole meeting. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
The meeting adjourned at 7:40 p.m.
s/ Kimberly Dewis February 25, 2015
Kimberly Dewis, City Clerk Date Approved