HomeMy WebLinkAboutu - December 2, 2015 CC434
DECEMBER 2, 2015 VOLUME LXXX
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 2, 2015,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The
Invocation was given by Bob Thurow from Light and Life Ministries and the Pledge of
Allegiance was led by Councilmember John Prigge.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE NOVEMBER 18, 2015, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve the
November 18, 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
Karen Schlack thanked the Mayor and City Council for their efforts to assist local social service
agencies.
Marcie Wojack announced a meeting on smart meter pollutants being held December 6, 2015, at
the Elgin Township Hall. She also stated her concerns about taxes continuing to increase and
the impact on those on a fixed income.
Chuck Keysor stated his reasons for supporting Governor Rauner’s Turnaround agenda. He
hoped there could be changes in union rules to allow for pay cuts if necessary as opposed to
layoffs.
Diana Ortega-Ehreth and members of the Youth Leadership thanked the City Council for
approving the ordinance banning smoking in city parks.
VOLUME LXXX DECEMBER 2, 2015
435
Mark Schrage encouraged residents to attend the smart meter pollutants meeting and noted his
wife’s health issues from exposure. He asked that the council consider an ordinance allowing
residents to opt-out from using this type of meter.
JOB ORDER CONTRACT APPROVED WITH F.H. PASCHEN FOR THE
INSTALLATION OF EMERGENCY VEHICLE PREEMPTION DEVICES
There was discussion regarding how the device is activated and the impact on response time by
using the preemption devices.
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve a
contract with F.H. Paschen in the amount of $85,557 for the installation of emergency vehicle
preemption devices along Kimball Street. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
JOINT PURCHASING COOPERATIVE CONTRACTS APPROVED WITH VARIOUS
VENDORS FOR THE PURCHASE OF PUBLIC SERVICES EQUIPMENT AND
VEHICLES
Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve
contracts with various vendors as detailed below in the amount of $1,747,271 for the purchase of
equipment and vehicles for Public Services to replace aged and obsolete departmental
equipment. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
MTI Distributing Inc. for $56,113.54 for the purchase of a 11” Toro Groundmaster
4000D with sun shade and mulch kit utilizing state bid pricing
MTI Distributing Inc. for $8067.25 for the purchase of a Toro Z‐turn 60” (model
74915) utilizing state bid pricing
Old Dominion Brush Company for the purchase of Trailer Mounted Vacuum
Debris Collector, model number SCL800TM30, for $48,622.50 each, total cost
$291,735, utilizing the NJPA contract
JX Enterprises Inc. for the purchase of 3 tandem axle heavy duty dump trucks with
spreaders and plows, $201,228.12, total cost $603,684.36 utilizing the Lake County
Joint Purchase Agreement #15015
JX Enterprises Inc. for the purchase of 2 single axle heavy‐duty dump trucks with
spreaders and plows, $191,960 each, total cost $383,920 utilizing the Lake County
Joint Purchase Agreement #15015
JX Enterprises Inc. trade‐in value for used trucks, $25,000
West Side Tractor for Bomag, Fayat Group for the purchase of 2 rollers,
BW138AD‐5, 9370 pound vibratory roller, utilizing the NJPA bid price, with a
DECEMBER 2, 2015 VOLUME LXXX
436
multiple user discount, $48,500 each, trade‐in value, $8000, for a total cost of
$89,000
Casey Equipment for the purchase of LeeBoy Model 8500C Paver for $118,450
utilizing NJPA pricing
JX Enterprises, Inc. for $169,901 for the purchase of Aerial Lift truck, Peterbilt
chassis with Model VO‐260‐REV aerial lift, utilizing the Lake County Joint
Purchase Agreement #15015, trade‐in value of the used aerial lift‐truck of $7500
West Side Tractor for $6,876.68 for two 12‐ton trailers for the rollers, for a total of
$13,753.36
West Side Tractor for $28,876.40 for a Felling FT‐30‐2 LP Deck over Paver Trailer
utilizing the NJPA pricing
West Side Tractor trade‐in Value for paver, $9,500
Wright Automotive for a Ford Explorers at $25,770 utilizing the NJPA pricing
WESTERN STATES CONTRACTING ALLIANCE UTILIZED TO PURCHASE
REPLACEMENT POLICE RADAR SYSTEMS FROM DECATUR ELECTRONICS
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve a
contract with Decatur Electronics in the amount of $33,397 for the purchase of patrol car radar
systems. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PUBLIC HEARING ON TRUTH IN TAXATION
Mayor Kaptain declared the public hearing open.
Assistant City Manager Rick Kozal read the following statement regarding the tax levy:
This is a public hearing regarding the proposed property tax levy increase for the city of Elgin.
Any person desiring to be heard on the proposed property tax levy increase may present
testimony within reasonable time limits as determined by the city council.
The corporate and special purpose property taxes extended or abated for 2014 were $40,772,164.
The proposed corporate and special purpose property taxes to be levied for 2015 are
$45,315,830. This represents an 11.1% increase over the previous year.
The property taxes extended for debt service and public building commission leases for 2014
were $2,894,334. The estimated property taxes to be levied for debt service and public building
commission leases for 2015 are $4,504,950. This represents a 55.6% increase from the previous
year.
VOLUME LXXX DECEMBER 2, 2015
437
The total property taxes extended or abated for 2014 were $43,666,498. The estimated total
property taxes to be levied for 2015 are $49,820,780. This represents a 14.1% increase over the
previous year.
The increase in the proposed property tax levy is in response to mandated increases in the city’s
contributions to the police and fire pension funds and for the proposed issuance of debt in the
amount of $25 million.
Mayor Kaptain opened the floor to public comment.
Marcie Wojack stated her concerns about taxes continuing to increase and the impact on those on
a fixed income.
Mayor Kaptain declared the public hearing closed.
PUBLIC HEARING FOR PETITION 19-15 AT 100 NESLER ROAD (WEST POINT
GARDENS SUBDIVISION); AN APPLICATION BY J. EDWARD LAND, LLC, AS
APPLICANT AND WEST POINT GARDENS SOUTH, LLC AS OWNER REQUESTING
A FOURTH AMENDMENT TO ANNEXATION AGREEMENT TO AMEND THE
PRELIMINARY PLAT AND PLANNED DEVELOPMENT ORDINANCES OF WEST
POINT GARDENS SUBDIVISION
Mayor Kaptain declared the public hearing open.
Marc Mylott, Community Development Director, outlined Petition 19-15 highlighting the
changes to the annexation agreement. Staff and the Planning and Zoning Commission
recommended approval subject to conditions.
There was discussion on the changes impact on the existing homes, the far west plan, and the
building code requirements.
Mayor Kaptain declared the public hearing closed.
PETITION 19-15 APPROVED FOR 100 NESLER ROAD (WEST POINT GARDENS
SUBDIVISION); AN APPLICATION BY J. EDWARD LAND, LLC, AS APPLICANT
AND WEST POINT GARDENS SOUTH, LLC AS OWNER REQUESTING A FOURTH
AMENDMENT TO ANNEXATION AGREEMENT TO AMEND THE PRELIMINARY
PLAT AND PLANNED DEVELOPMENT ORDINANCES OF WEST POINT GARDENS
SUBDIVISION
DECEMBER 2, 2015 VOLUME LXXX
438
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition
19-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE T24-15 PASSED ESTABLISHING AN EMERGENCY LOAN PROGRAM
FOR HUMAN SERVICE AGENCIES
There was discussion on the loan default terms and what the applicants would be required to
provide to show their need for financial assistance.
Councilmember Powell made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Ordinance No. T24-15
ORDINANCE ESTABLISHING AN EMERGENCY LOAN PROGRAM
FOR HUMAN SERVICE AGENCIES
WHEREAS, the State of Illinois has not adopted a budget for the 2015-2016 fiscal year,
which began on July 1, 2015; and
WHEREAS, the failure of the State of Illinois to adopt a budget has left a number of human
service agencies without the necessary funding to provide critical services to Elgin residents; and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to provide for a temporary one-year emergency loan program to human service agencies
that are facing financial and operational emergencies due to the lack of payments from the State
of Illinois that were otherwise due and owing to be made to such human service agencies; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, providing for a temporary emergency loan program to certain local human
service agencies will protect the public health, safety and welfare of the city and pertains to the
government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. There is hereby established a temporary emergency loan program for local
human service agencies with the following terms and provisions:
VOLUME LXXX DECEMBER 2, 2015
439
1. Purpose. The purpose of this temporary emergency loan program is intended to
provide one time short-term financial assistance in 2016 to local human service agencies whose
ongoing services have been jeopardized due to the State of Illinois’ budget crisis.
2. Funding. The City of Elgin will make available up to $625,000 in total funds for
the temporary emergency loan program. The amount of any loans to a particular human service
agency shall be as determined by the City Council. In formulating recommendations to the City
Council as to loan amounts to each agency, the review committee shall consider the total funds
available, the services provided by various requesting agencies, the number of requests and the
scope of an agency’s request.
3. Eligibility. Applications will be considered for human service agencies that meet
the following minimum requirements:
a. Elgin-based not-for-profit organizations with 501C3 IRS tax exempt status
that serve Elgin residents.
b. The human service agency must demonstrate lack of payments from the
State of Illinois based upon a contract with the State of Illinois in fiscal year 2015 and/or
fiscal year 2016.
c. The human service agency must demonstrate challenges to sustain
operations due to lack of state payments.
d. Priority consideration shall be given to those local human service agencies
that provide services in the following areas: food, shelter, health care, mental health,
domestic violence and child care.
4. Review Process and Time Line. Application forms shall be prepared by the City
Manager and shall be made available online.
a. A review committee shall be established by the City Manager to review
applications and make recommendations to the City Manager, and ultimately, to the City
Council for final approval. The review committee shall consist of at least three (3)
individuals and no more than five (5) individuals, comprised of city staff and volunteers.
b. Recommendations for individual loan amounts shall consider the individual
human service agency’s requested amount compared to the total funds available and the
total applications received. The review committee shall consider the agency’s total request
based upon past missed payments during the State of Illinois’ fiscal year 2015 and fiscal
year 2016.
c. Documentation shall be required to verify submitted invoices to the State of
Illinois and subsequent delinquent payments from the State of Illinois. Agencies shall also
DECEMBER 2, 2015 VOLUME LXXX
440
be asked to confirm whether they have contacted State of Illinois Comptroller’s Office for
expedited payments due to hardship.
d. Applications shall be made available in December 2015. Recommendations
as to the proposed funding shall be submitted to the City Council in January of 2016. If
funds remain available under the emergency loan program after the initial application
period, a second application process will be re-opened at a date to be determined by the
City Council. The review and approval process shall be as follows: (1) Human service
agencies submit applications to review committee; (2) Review committee makes
recommendations to the City Manager; and (3) Final recommendations submitted to the
City Council for consideration and approval.
5. Loan Agreement and Terms. Human service agencies selected pursuant to this
program to receive emergency loans shall be required to enter into individual agency loan
agreements in a form as approved by the City’s Corporation Counsel. The loan terms shall include,
but not be limited to, an initial interest rate for up to six (6) months of zero percent (0%); repayment
in monthly installments shall be required six (6) months after the entry into the loan agreement
and repayment in full shall be required within twelve (12) months of the entry into the loan
agreement; repayment shall be accelerated and due in the event the State of Illinois begins
processing payments to the human services agency; an agency defaulting under a loan agreement
shall pay a default interest rate of nine percent (9%) and all of the City’s cost and expenses,
including attorneys’ fees, incurred in any collection efforts by the City.
6. No Vested Rights Created. The creation or existence of this emergency loan
program shall not create any rights, vested or otherwise, for any person or organization to receive
loan funds. The City Council of the City of Elgin retains the right to determine whether to approve
the loans of any funds including, but not limited to, which human service agencies are to receive
funds and the amount of the loans to such human service agencies.
Section 2. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 2, 2015
Passed: December 2, 2015
Vote: Yeas: 8 Nays: 1
Recorded: December 2, 2015
Published: December 4, 2015
Attest:
VOLUME LXXX DECEMBER 2, 2015
441
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G47-15 PASSED GRANTING A CONDITIONAL USE FOR A SOCIAL
SERVICE AGENCY/MEMBERSHIP ORGANIZATION IN THE CC1 CENTER CITY
DISTRICT (73 RIVERSIDE DRIVE UNITS A AND B)
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to remove G47-15
from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
There was discussion regarding the issues related to building code and the occupancy permit
being resolved.
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Martinez and
Powell.
Ordinance No. G47-15
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A SOCIAL SERVICE AGENCY/MEMBERSHIP
ORGANIZATION IN THE CC1 CENTER CITY DISTRICT
(73 Riverside Drive Units A and B)
WHEREAS, written application has been made for a conditional use at 73 Riverside Drive
Units A and B; and
WHEREAS, zoning lot with the building containing the premises at 73 Riverside Drive
comprises of the properties at 66-74 South Grove Avenue and 73 Riverside Drive, which lot is
legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the CC1 Center City District and social
service agency/membership organization is a listed conditional use within the CC1 Center City
District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on August 3, 2015 following due notice by publication; and
WHEREAS, the Community Development and the Planning and Zoning Commission have
submitted their Findings of Fact concerning said application; and
DECEMBER 2, 2015 VOLUME LXXX
442
WHEREAS, the Community Development and the Planning and Zoning Commission
recommend approval of said application, subject to the conditions articulated below; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use
in the CC1 Center City District pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated August 3, 2015, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a social service agency/membership organization
is hereby granted for the property commonly known as 73 Riverside Drive Units A and B,
contained within the zoning lot at 66-74 South Grove Avenue and 73 Riverside Drive commonly
identified by Kane County Property Identification Numbers (PIN) Numbers 06-14-433-026, 06-
14-433-027, 06-14-433-028 and 06-14-433-029, and legally described as follows:
Parcel 1. The Southerly 33 feet of that part of Lot 10 in Block 21 in the original town 2
Elgin, on the East side of Fox River, lying Easterly of the Easterly line of Riverside Avenue, in
the city of Elgin, Kane County, Illinois
Parcel 2. Lot 11 and the North 4 feet of Lot 12 (except that part included in Riverside
Avenue), in Block 21 of the original town of Elgin, on the East side of the Fox River, in the city
of Elgin, Kane county, Illinois
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application and Attachments, submitted
by Elgin Alano Club as applicant and Spring Lane Investments LLC as owner, dated
received May 22, 2015 and consisting of the following exhibits:
a. Statement Purpose prepared by Elgin Alano Club, Inc.
b. Site location exhibit entitled “Floor Plan – 73 Riverside Dr.” depicting the
tenant spaces proposed to be occupied by the applicant
c. Sign plan entitled “Sign Plan – 73 S Riverside Dr.” depicting the location and
design of wall mounted graphics proposed to be installed on the building
VOLUME LXXX DECEMBER 2, 2015
443
d. Key Plans and Architectural Building Survey, Sheet A.3 prepared by Euro
MasterWorks, Inc. dated July 9, 2012.
In the event of any conflict between the foregoing documents and the provisions of this
ordinance or other applicable city ordinances, the provisions of this ordinance or other
applicable city ordinances shall supersede and control.
2. Substantial conformance with the Security and Occupancy Narrative prepared by the
Elgin Alano Club, Inc. dated August 24, 2015 including the Basement Floor Plan
modified to include the locations of security cameras to provide for the security and
safety of its members and property. In the event of any conflict between such
documents and the terms of this ordinance or other applicable city ordinances, the terms
of this ordinance or other applicable city ordinances shall supersede and control.
3. Elgin Alano Club shall agree to grant access to the easterly half of Unit A to the tenant
of the restaurant located on the floor above known as Dog’s Paw Brewing, for the
purpose of maintenance of its grease traps and beverage operational equipment located
within such space and in conformance with the document entitled “Amendment to
Lease Agreement” undertaken between Elgin Alano Club, as tenant and Spring Lane
Investments LLC as owner.
4. The social service agency/membership organization shall be restricted to Units A and
B located within the property at 73 Riverside Drive. In the event the tenant of the
restaurant located on the floor above known as Dog’s Paw Brewing, exercises its
intentions to retain occupancy of the easterly half of Unit A, the Elgin Alano Club will
be permitted occupancy of the available space within Unit C for use in a manner similar
to that conducted within Units A and B. Prior to occupancy of this space, all necessary
permits for build-out and occupancy shall be obtained from the city.
5. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 2, 2015
Passed: December 2, 2015
Vote: Yeas: 7 Nays: 2
Recorded: December 2, 2015
Published: December 4, 2015
Attest:
DECEMBER 2, 2015 VOLUME LXXX
444
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. G48-15 and G49-15 and adopt Resolution Nos. 15-156 through
15-157 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 15-156 ADOPTED APPROVING FINAL PLAT FOR STONEBROOK
UNIT NO. 1 PARCEL 25 RESUBDIVISION
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. 15-156
RESOLUTION
APPROVING FINAL PLAT FOR
STONEBROOK UNIT NO. 1 PARCEL 25 RESUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the final plat prepared by Krisch Land Surveying LLC dated July 20, 2015,
last revised August 22, 2015, for Stonebrook Unit No. 1 Parcel 25 Resubdivision.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 2, 2015
Adopted: December 2, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXX DECEMBER 2, 2015
445
RESOLUTION 15-157 ADOPTED APPROVING CHANGE ORDER NO. 1 FOR
CONTRACT WITH COPENHAVER CONSTRUCTION, INC. FOR 2015 CENTRAL
BUSINESS DISTRICT STREETSCAPE IMPROVEMENTS
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. 15-157
RESOLUTION
APPROVING CHANGE ORDER NO. 1 FOR THE CONTRACT WITH
COPENHAVER CONSTRUCTION, INC.
FOR 2015 CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENTS
WHEREAS, the City of Elgin has heretofore entered into a contract with Copenhaver
Construction, Inc. for 2015 Central Business District Streetscape Improvements; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is described
in Change Order No. 1, 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, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 2, 2015
Adopted: December 2, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 2, 2015 VOLUME LXXX
446
ORDINANCE G48-15 PASSED AMENDING CHAPTER 9.50 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SMOKING PROHIBITED IN
PUBLIC PLACES” TO PROVIDE FOR SMOKING AND TOBACCO USE
REGULATIONS
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. G48-15
AN ORDINANCE
AMENDING CHAPTER 9.50 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED "SMOKING PROHIBITED IN PUBLIC
PLACES" TO PROVIDE FOR SMOKING AND TOBACCO USE REGULATIONS
WHEREAS, the City Council of the City of Elgin finds that tobacco smoke is a harmful
and dangerous carcinogen to human beings and a hazard to public health, and that second hand
tobacco smoke causes harmful side effects and illness; and
WHEREAS, the Illinois General Assembly has previously adopted the Smoke Free Illinois
Act at 410 ILCS 82/1, et seq.; and
WHEREAS, the Smoke Free Illinois Act includes limits on home rule units whereby home
rule units may regulate smoking in public places but that regulation must be no less restrictive than
in the Smoke Free Illinois Act; and
WHEREAS, the Smoke Free Illinois Act is applicable, and is in full force and effect, within
the City of Elgin; and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to adopt the provisions of the Smoke Free Illinois Act and to adopt further regulations
prohibiting the use of tobacco products in city parks; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, regulations pertaining to prohibiting smoking in public places, places of
employment and in government vehicles and prohibiting the use of tobacco products in public
parks pertain to public health and welfare; and
WHEREAS, regulations protecting public health and welfare pertain to the government
and affairs of the City.
VOLUME LXXX DECEMBER 2, 2015
447
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 9.50 of the Elgin Municipal Code, 1976, as amended, entitled
"Smoking Prohibited in Public Places" be and is hereby further amended in its entirety to read as
follows:
"Chapter 9.50
SMOKING AND TOBACCO USE REGULATIONS
9.50.010: DEFINITIONS:
Words or phrases as used in this chapter shall be defined as provided in the Smoke
Free Illinois Act at 410 ILCS 82/1, et seq., as amended, except as otherwise
provided herein.
PARKS: A park, conservation area, playground, recreation facilities or other area
in the city that is owned or operated by the City of Elgin for such purposes or which
is designated by the city council as a park, including, without limitation, unenclosed
exterior areas, buildings and parking lots located on the same property as the park.
Notwithstanding the foregoing, for the purposes of this chapter, parks shall not
include city golf courses, the festival park lawn area and the city sports complex
athletic fields during such times the sports complex athletic fields are programed
for organized adult athletic events.
TOBACCO PRODUCT: Any lighted or unlighted cigarette, electronic nicotine
delivery system (ENDS), cigarillos, pipes, hookah products, marijuana, herbs and
any other smoking product, including smokeless, spit or spitless, dissolvable, or
inhaled tobacco, including but not limited to dip, chew, snuff or snus, and all
nicotine delivery devices that are not FDA approved as cessation products.
9.50.020: ADOPTION OF THE SMOKE FREE ILLINOIS ACT:
The provisions of the Smoke Free Illinois Act, 410 ILCS 82/1, et seq., as amended,
are hereby adopted. No person shall smoke, or use an e-cigarette, in any place
within the City of Elgin within which smoking is prohibited pursuant to the Smoke
Free Illinois Act, as amended. In the event of a conflict between the Smoke Free
Illinois Act and the provisions of this chapter, the most restrictive provision shall
control.
9.50.030: PROHIBITION ON USE OF TOBACCO PRODUCTS IN CITY
PARKS:
No person shall smoke, chew, snuff, inhale, ingest or otherwise use any tobacco
product in city parks.
DECEMBER 2, 2015 VOLUME LXXX
448
9.50.040: VIOLATION AND PENALTY:
A. It is unlawful for any person to smoke in an area where smoking is
prohibited provided by the provisions of this chapter. It is unlawful for any
person to use tobacco in any area where tobacco use is prohibited by the
provisions of this chapter. It is unlawful for any person who owns, operates
or otherwise controls a public place or place of employment to fail to
comply with any of the provisions of this chapter.
B. A person who smokes in an area where smoking is prohibited under Section
15 of the Smoke Free Illinois Act shall be fined in an amount that is One
Hundred Dollars ($100.00) for a first offense and Two Hundred and Fifty
Dollars ($250.00) for each subsequent offense. A person who owns,
operates or otherwise controls a public place or place of employment that
violates Section 15 or Section 20 of the Smoke Free Illinois Act shall be
fined (1) Two Hundred and Fifty Dollars ($250.00) for the first violation,
(2) Five Hundred Dollars ($500.00) for the second violation within one year
after the first violation, and (3) Two Thousand and Five Dollars ($2,500.00)
for each additional violation within one year after the first violation. A
person who uses a tobacco product in a city park in violation of this chapter
shall be fined in an amount that is One Hundred Dollars ($100.00) for a first
offense and Two Hundred and Fifty Dollars ($250.00) for each subsequent
offense.
9.50.050: SEVERABILITY:
If any provision, clause, sentence, paragraph, section or a part of the Smoke Free
Illinois Act or this chapter or the application thereof to any person or circumstance,
shall for any reason be adjudged by a court of competence jurisdiction to be
unconstitutional or invalid, said judgment shall not affect, impair or otherwise
invalidate the remainder of this chapter and the application of such provision to
other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section, or a part thereof directly involving
the controversy in which such judgment shall have been rendered and to the person
or circumstances involved. It is hereby declared to be the legislative intent of the
city council that this chapter would have been adopted had such unconstitutional or
invalid provision, clause, sentence, paragraph, section or part that have not been
included."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
VOLUME LXXX DECEMBER 2, 2015
449
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 2, 2015
Passed: December 2, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 2, 2015
Published: December 4, 2015
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G49-15 PASSED GRANTING A CONDITIONAL USE TO INSTALL A
COMMERCIAL ANTENNA TOWER IN THE CF COMMUNITY FACILITY DISTRICT
(331-333 WEST RIVER ROAD)
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. G49-15
AN ORDINANCE
GRANTING A CONDITIONAL USE TO INSTALL A COMMERCIAL ANTENNA TOWER
IN THE CF COMMUNITY FACILITY DISTRICT
(331-333 West River Road)
WHEREAS, written application has been made requesting conditional use approval to
install a commercial antenna tower in the CF Community Facility District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on November 2, 2015 following due notice by publication;
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommended approval of said application, subject to the conditions below; and
WHEREAS, the City Council of the City of Elgin concurs with the findings and
recommendation of the Community Development Department and the Planning and Zoning
Commission.
DECEMBER 2, 2015 VOLUME LXXX
450
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 2, 2015, made by the Community Development Department and the
Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by
reference as Exhibit A.
Section 2. That a conditional use to install a commercial antenna tower in the CF
Community Facility District at 331-333 West River Road, and legally described as follows:
PARCEL ONE:
THAT PART OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 1 AND
PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 2, ALL IN
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ,
DESCRIBED AS FOLLOWS: COMMENCING AT NORTHWEST CORNER OF SAID
FRACTIONAL SECTION 1; THENCE SOUTH 0 DEGREES, 26 MINUTES, 0
SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 504.04 FEET TO THE
SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO NORTHERN
ILLINOIS GAS COMPANY BY DEED DATED NOVEMBER 21, 1958 AND
RECORDED NOVEMBER 28, 1958 IN BOOK 1932, PAGE 239, AS DOCUMENT
876705 FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES, 08
MINUTES, 0 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHERN
ILLINOIS GAS COMPANY TRACT 13.23 FEET; THENCE SOUTH 0 DEGREES, 26
MINUTES, 0 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID
SOUTHEAST FRACTIONAL QUARTER OF SECTION 2, 600 FEET; THENCE
NORTH 89 DEGREES, 08 MINUTES, 0 SECONDS EAST 227.07 FEET; THENCE
NORTH 59 DEGREES, 12 MINUTES, 45 SECONDS EAST 344.63 FEET; THENCE
NORTH 30 DEGREES, 51 MINUTES, 0 SECONDS WEST 236.05 FEET; THENCE
NORTH 59 DEGREES, 12 MINUTES, 45 SECONDS EAST 241.48 FEET; THENCE
NORTH 0 DEGREES, 51 MINUTES, 0 SECONDS WEST 103.17 FEET TO THE
SOUTH LINE OF A TRACT OF LAND CONVEYED TO NORTHERN ILLINOIS GAS
COMPANY BY DEED DATED MAY 7, 1959 AND RECORDED JUNE 3, 1959 IN
BOOK 1963, PAGE 385, AS DOCUMENT 891107; THENCE SOUTH 89 DEGREES,
08 MINUTES, 0 SECONDS WEST ALONG SAID SOUTH LINE 599.37 FEET TO THE
POINT OF BEGINNING; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PARCEL TWO:
EASEMENT FOR INGRESS AND EGRESS CREATED BY INSTRUMENT
RECORDED JUNE 17, 1966 IN BOOK 2350, PAGE 511, AS DOCUMENT 1071716,
MADE BY NORTHERN ILLINOIS GAS COMPANY TO MCGRAW EDISON
COMPANY FOR THE BENEFIT OF PARCEL ONE OVER THAT PART OF THE
SOUTHEAST FRACTIONAL QUARTER OF SECTION 2, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION;
VOLUME LXXX DECEMBER 2, 2015
451
THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 421.54 FEET TO THE
SOUTHERLY LINE OF PARCEL NUMBER N-4D-65. 3 ACQUIRED BY THE
ILLINOIS STATE TOLL HIGHWAY COMMISSION THROUGH PROCEEDINGS
FILED IN THE CIRCUIT COURT OF KANE COUNTY, ILLINOIS, AS CASE
NUMBER 57-305, FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG
SAID SOUTHERLY LINE 13 FEET; THENCE SOUTH PARALLEL WITH THE EAST
LINE OF SAID SOUTHEAST FRACTIONAL QUARTER, 82.5 FEET TO THE
SOUTHERLY LINE OF A TRACT OF LAND CONVEYED TO NORTHERN
ILLINOIS GAS COMPANY BY DEED RECORDED NOVEMBER 28, 1958 IN BOOK
1932, PAGE 239, AS DOCUMENT 876705; THENCE EASTERLY ALONG SAID
SOUTHERLY LINE 13 FEET TO THE EAST LINE OF SAID FRACTIONAL
QUARTER SECTION; THENCE NORTH ALONG SAID EAST LINE 82.5 FEET TO
THE POINT OF BEGINNING; ALSO, OVER THE WEST 53 FEET AND THE EAST
120 FEET OF THE THAT PART OF THE SOUTHWEST FRACTIONAL QUARTER
OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF SAID FRACTIONAL SECTION 1; THENCE SOUTH
ALONG THE WEST LINE OF SAID SECTION 421.54 FEET TO THE SOUTHERLY
LINE OF PARCEL NUMBER N-4D-67. 2 ACQUIRED BY THE ILLINOIS STATE
TOLL HIGHWAY COMMISSION THROUGH PROCEEDINGS FILED IN THE
CIRCUIT COURT OF KANE COUNTY, ILLINOIS AS CASE NUMBER 57-344 FOR
THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY
LINE 467 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID
FRACTIONAL QUARTER SECTION, 82.5 FEET TO THE SOUTHERLY LINE OF A
TRACT OF LAND CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY
DEED RECORDED JUNE 3, 1959 IN BOOK 1963, PAGE 385, AS DOCUMENT
891107; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 467 FEET TO THE
WEST LINE OF SAID FRACTIONAL QUARTER SECTION; THENCE NORTH
ALONG SAID WEST LINE 82.5 FEET TO THE POINT OF BEGINNING; IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PROPOSED LEASE AREA DESCRIPTION:
A PARCEL OF LAND FOR LEASE AREA PURPOSES BEING A PART OF THE
SOUTHWEST FRACTIONAL QUARTER OF SECTION 1 AND PART OF THE
SOUTHEAST FRACTIONAL QUARTER OF SECTION 2, ALL IN TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT NORTHWEST CORNER OF SAID
FRACTIONAL SECTION 1; THENCE SOUTH 00°17'32" WEST BEARINGS BASED
ON ILLINOIS STATE PLANE COORDINATES, EAST ZONE, (SOUTH 00°26'00"
EAST DEED) ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 504.04
FEET TO A 3/4" IRON PIPE FOUND AT THE SOUTHEAST CORNER OF A TRACT
OF LAND CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY DEED
DATED NOVEMBER 21, 1958 AND RECORDED NOVEMBER 28, 1958 IN BOOK
1932, PAGE 239, AS DOCUMENT 876705; THENCE NORTH 89°51'32" EAST
(NORTH 89°08'00" EAST DEED) ALONG THE SOUTH LINE OF SAID NORTHERN
DECEMBER 2, 2015 VOLUME LXXX
452
ILLINOIS GAS COMPANY TRACT, A DISTANCE OF 599.12 FEET (599.37' DEED)
TO A 1/2" IRON PIPE; THENCE SOUTH 00°08'40" EAST (SOUTH 00°51'00" EAST
DEED), A DISTANCE OF 80.00 FEET, THENCE SOUTH 89°51'20" WEST, A
DISTANCE OF 9.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUING SOUTH 89°51'20" WEST, A DISTANCE OF 50.00 FEET;
THENCE NORTH 00°08'40" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH
89°51'20" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00°08'40" EAST, A
DISTANCE OF 50.00 FEET; TO THE POINT OF BEGINNING, CONTAINING 2500.00
SQUARE FEET; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PROPOSED NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT
DESCRIPTION:
A PARCEL OF LAND FOR A NON-EXCLUSIVE ACCESS AND UTILITY
EASEMENT PURPOSES BEING A PART OF THE SOUTHWEST FRACTIONAL
QUARTER OF SECTION 1 AND PART OF THE SOUTHEAST FRACTIONAL
QUARTER OF SECTION 2, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT NORTHWEST CORNER OF SAID FRACTIONAL SECTION 1;
THENCE SOUTH 00°17'32" WEST BEARINGS BASED ON ILLINOIS STATE PLANE
COORDINATES, EAST ZONE, (SOUTH 00°26'00" EAST DEED) ALONG THE WEST
LINE OF SAID SECTION, A DISTANCE OF 504.04 FEET TO A 3/4" IRON PIPE
FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO
NORTHERN ILLINOIS GAS COMPANY BY DEED DATED NOVEMBER 21, 1958
AND RECORDED NOVEMBER 28, 1958 IN BOOK 1932, PAGE 239, AS DOCUMENT
876705; THENCE NORTH 89°51'32" EAST (NORTH 89°08'00" EAST DEED) ALONG
THE SOUTH LINE OF SAID NORTHERN ILLINOIS GAS COMPANY TRACT, A
DISTANCE OF 599.12 FEET (599.37' DEED) TO A 1/2" IRON PIPE; THENCE SOUTH
00°08'40" EAST (SOUTH 00°51'00" EAST DEED), A DISTANCE OF 55.00 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING
SOUTH 00°08'40" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 89°51'20"
WEST, A DISTANCE OF 9.00 FEET; THENCE NORTH 00°08'40" WEST, A
DISTANCE OF 25.00 FEET; THENCE NORTH 89°51'20" EAST, A DISTANCE OF
9.00 FEET TO THE POINT OF BEGINNING, CONTAINING 225.00 SQUARE FEET,
IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
Commonly known as: 331-333 West River Road, Elgin, IL – PIN: 06-01-301-003 and 06-
02-476-015
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Development Application, Statement of Purpose and
Conformance, and Attachments, submitted by Chicago SMSA Limited Partnership d/b/a
Verizon Wireless, dated October 17, 2014. In the event of any conflict between such
documents and the provisions of this ordinance or other applicable city ordinances, the
provisions of this ordinance or other applicable ordinances shall supersede and control.
VOLUME LXXX DECEMBER 2, 2015
453
2. Substantial Conformance to the signed Consent and Disclosure of the property owner,
Summit School, Inc., dated December 15, 2014.
3. Substantial conformance to Site Plan and Construction Drawings entitled “Plote West Cell
Site” prepared by Magtech Midwest, Inc., and last revised on November 6, 2015.
4. The conditional use for the location of the commercial antenna shall be restricted to the
property known as 331-333 West River Road.
5. The proposed tower shall conform to the requirements of Section 1609 “Wind Loads” of
the 2012 International Building Code (IBC). Prior to issuance of a building permit, the
applicant shall determine the minimum wind loads for the tower in accordance with the
provisions of the code and submit these calculations to the city for review and approval.
6. The 135 monopole tower shall be located at a distance of no less than 111 feet from the
south lot line of the subject property thereby removing any and all negative impact of the
tower from any existing or future building on the adjacent residentially zoned property.
7. The monopole tower may co-locate no more than three additional antenna array platforms
without requiring further amendment to this conditional use.
8. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established within
one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 2, 2015
Passed: December 2, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 2, 2015
Published: December 4, 2015
Attest:
DECEMBER 2, 2015 VOLUME LXXX
454
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Cultural Arts Commission October 12, 2015
Emergency Telephone System Board October 15, 2015
Heritage Commission Design Review Subcommittee October 13 & 27, 2015
Parks and Recreation Advisory Board August 25, 2015
Committee of the Whole Minutes for November 4, 2015
City Council Minutes for November 4, 2015
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Telecommunications Tax
Alcoholic Tax Revenue
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXX DECEMBER 2, 2015
455
The meeting adjourned at 8:15 p.m.
s/ Kimberly Dewis December 16, 2015
Kimberly Dewis, City Clerk Date Approved