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VOLUME LXXXI APRIL 13, 2016
COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on April 13, 2016, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by Eric Nelson from Administer Justice and the Pledge of Allegiance was
led by Councilmember Rose Martinez.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE MARCH 16, 2016, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the
March 16, 2016, 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.
COMMUNICATIONS
National Public Safety Telecommunicators Week Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, each day, thousands of Americans dial 9-1-1 for help in emergencies. The
men and women who answer these calls for help, gathering essential information and dispatching
the appropriate assistance, can often make the difference between life and death for persons in
need; and
WHEREAS, the City of Elgin’s Public Safety Telecommunicators are among the more
than 200,000 telecommunications specialists who work daily to protect and to promote public
safety; and
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WHEREAS, Public Safety Telecommunicators are more than a calm and reassuring voice
at the other end of the phone. They are knowledgeable and highly trained individuals who not
only work closely with the Police and Fire Departments, but numerous other State and local
agencies as well as other departments within the City; and
WHEREAS, because emergencies can strike at any time, we rely on the vigilance and the
preparedness of these individuals 24 hours a day, 365 days a year; and
WHEREAS, the City of Elgin recognizes the need to maintain the highest standards of
public safety, we owe a great debt to the men and women who, by applying their expertise in
telecommunications, help to make that achievement possible; and
WHEREAS, during this special observance, we acknowledge that debt and extend a
heartfelt thank you to each of them;
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, on behalf of
the entire City Council and Staff, do hereby proclaim April 10 to April 16, 2016 as National
Public Safety Telecommunicators Week.
IN WITNESS WHEREOF, I have hereunto set my hand this13th day of April, 2016.
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Chuck Keysor made comments regarding councilmembers working with staff to draft comments
and speeches. He was concerned that this practice impacted governmental transparency and that
it may cause undue influence on the councilmembers.
BID 16-008 AWARDED TO AQUA PURE ENTERPRISES, HALOGEN SUPPLY
COMPANY AND UNIVAR FOR 2016 POOL CHEMICALS
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award contracts to
Aqua Pure Enterprises, Halogen Supply Company and Univar for pool chemicals in the total
amount of $51,202. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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BID 16-014 AWARDED TO COPENHAVER CONSTRUCTION, INC. FOR 2016
NEIGHBORHOOD WATER MAIN REPLACEMENT – EASY STREET
Councilmember Dunne made a motion, seconded by Councilmember Shaw, to award the 2016
Neighborhood Water Main Replacement – Easy Street project to Copenhaver Construction, Inc.
in the amount of $1,711,196 to improve the city’s infrastructure with replacement of aging water
main in the Easy Street, Lin‐Lor Lane, Jane Drive, Surrey Court and Thomas Moore Drive
neighborhood. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 16-015 AWARDED TO TRIGGI CONSTRUCTION FOR 2016 STREET
REHABILITATION – EASY STREET PROJECT
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to award the 2016
Street Rehabilitation – Easy Street Project bid to Triggi Construction in the amount of
$2,482,620 to improve storm and pavement infrastructure on several adjacent streets in the area
of and including Lin‐Lor Lane and Easy Streets. Upon a roll call vote: Yeas: Councilmembers
Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
BID 16-016 AWARDED TO KOI COMPUTERS, INC. FOR THE PURCHASE OF
PERSONAL COMPUTERS
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve a
purchase agreement with KOI Computers, Inc. for the purchase of 100 HP desktop computers in
the amount of $59,000. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 16-019 AWARDED TO FULL COMPASS SYSTEMS FOR HEMMENS CULTURAL
CENTER LED LIGHTING EQUIPMENT
Councilmember Martinez made a motion, seconded by Councilmember Gavin, Approve and
award the bid to the designated lowest responsive bidder, Full Compass Systems, in the amount
of $69,608 to update CYC and LED fixtures to incorporate the new standard in stage lighting to
continue to enhance the overall theater experience. Upon a roll call vote: Yeas: Councilmembers
Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
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BID 16-020 AWARDED TO ARROW ROAD CONSTRUCTION, INC. FOR OAKWOOD
AND TOLLGATE RESURFACING PROJECT
Councilmember Martinez made a motion, seconded by Councilmember Powell, to award the
Oakwood and Tollgate Resurfacing Project bid to Arrow Road Construction, Inc. in the amount
of $1,389,105 to improve pavement infrastructure on various city streets. Upon a roll call vote:
Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
PETITION 01-16 APPROVED AN APPLICATION BY CITY OF ELGIN AS
APPLICANT AND OWNER; AT LOCATED 709 SPORTS WAY; REQUESTING AN
AMENDMENT TO THE TEXT TO CHAPTER 19.50 ENTITLED “STREET
GRAPHICS” TO DESIGNATE THE ELGIN SPORTS COMPLEX WITHIN AN AREA
OF SPECIAL CHARACTER
Marc Mylott, Community Development Director, provided an overview of Petition 01-16 which
would allow for an amendment to the municipal code for street graphics. It was noted that staff
and the Planning and Zoning Commission approved the petition subject to the conditions
outlined in the memo.
There was discussion regarding the need for an updated sign at this location and that a
comprehensive review of the sign code would be presented to the council in the future.
Councilmember Dunne made a motion, seconded by Councilmember Gavin, to approve Petition
01-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 02-16 APPROVED AN APPLICATION BY CITY OF ELGIN AS
APPLICANT AND OWNER; AT LOCATED 709 SPORTS WAY; REQUESTING
APPROVAL OF SPECIAL REGULATIONS FOR AN ELECTRONIC CHANGEABLE
COPY (LED) GRAPHIC WITHIN AN AREA OF SPECIAL CHARACTER
Marc Mylott, Community Development Director, provided an overview of Petition 02-16. It
was noted that staff and the Planning and Zoning Commission approved the petition subject to
the conditions outlined in the memo.
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve
Petition 02-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
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PETITION 05-16 AN APPLICATION BY PKE ENTERPRISES INC., AS APPLICANT
AND 11-17 DOUGLAS LAND TRUST, AS OWNER; LOCATED AT 13 DOUGLAS
AVENUE; REQUESTING CONDITIONAL USE APPROVAL TO ESTABLISH A
RESTAURANT AND BANQUET FACILITY
Marc Mylott, Community Development Director, provided an overview of Petition 05-16 which
would allow for a banquet and restaurant. It was noted that staff and the Planning and Zoning
Commission approved the petition subject to the conditions outlined in the memo.
Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve Petition
05-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
Councilmember Steffen abstained.
PETITION 08-16 AN APPLICATION BY MOTOROLA SOLUTIONS, INC., AS
APPLICANT AND TLF NORTHWEST BUSINESS PARK VII LLC AS OWNER;
LOCATED AT 2500 GALVIN DRIVE; REQUESTING PLANNED DEVELOPMENT
APPROVAL TO PERMIT THE INSTALLATION OF VARIOUS GRAPHICS ON THE
PROPERTY
Marc Mylott, Community Development Director, provided an overview of Petition 08-16 which
would permit the installation of various graphics. It was noted that staff and the Planning and
Zoning Commission approved the petition subject to the conditions outlined in the memo.
Councilmember Dunne made a motion, seconded by Councilmember Gavin, to approve Petition
08-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 16-61 TABLED NAMING CITY PARK (TOURNAMENT DRIVE PARK)
There was discussion regarding the naming procedure, the involvement of the residents, and the
number of their responses received regarding the name of the park.
Councilmember Shaw made a motion, seconded by Councilmember Prigge, to table Resolution
16-61. Upon a roll call vote: Yeas: Councilmembers Martinez, Powell, Prigge, Rauschenberger,
and Shaw. Nays: Councilmembers Dunne, Gavin, Steffen and Mayor Kaptain.
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144
ORDINANCE G13-16 PASSED GRANTING A CONDITIONAL USE FOR A CHURCH
IN THE AB AREA BUSINESS DISTRICT (75 MARKET STREET, SUITE 20) (THIS
ITEM MUST BE REMOVED FROM THE TABLE)
Councilmember Dunne made a motion, seconded by Councilmember Gavin, to remove
Ordinance G13-16 from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Councilmember Gavin made a motion, seconded by Councilmember Powell, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez.
Ordinance No. G13-16
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A CHURCH
IN THE AB AREA BUSINESS DISTRICT
(75 Market Street, Suite 20)
WHEREAS, written application has been made for a conditional use at 75 Market Street,
Suite 20; and
WHEREAS, the zoning lot with the building containing the premises at 75 Market Street
is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the AB Area Business District and a
church is a listed conditional use within the AB Area Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on February 1, 2016, following due notice by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department 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
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WHEREAS, zoning, including, but not limited to this ordinance granting a conditional use
in the AB Area Business 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 February 1, 2016, 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 church is hereby granted for the property
commonly known as 75 Market Street, Suite 20, commonly identified by Kane County Property
Identification Number (PIN) 06-15-304-021, and legally described as follows:
Lot 3 of Elgin West Subdivision, City of Elgin, Kane County, Illinois.
Commonly Known as 75 Market Street, Elgin, Illinois
Parcel no. 06-15-304-021
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 West Foursquare Church as applicant, and consisting of the following exhibits:
a. Statement Purpose and Conformance prepared by Pastor Richard Omorodion of
Elgin West Foursquare Church dated received on December 8, 2015.
b. Corporate Bylaws of the International Church of the Foursquare Gospel, 2013
Edition, dated May 30, 2013.
c. Letter from David Schmidt of RealtyMetrix, representative and agent of the owner,
dated December 9, 2015, providing the consent of the property owner.
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. The church shall be restricted to Suite 20 located within the property at 75 Market Street.
3. 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
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146
Presented: April 13, 2016
Passed: April 13, 2016
Vote: Yeas: 8 Nays: 1
Recorded: April 13, 2016
Published: April 15, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G17-16 PASSED REGARDING A CONDITIONAL USE FOR A CHURCH
AT 75 MARKET STREET AND FUTURE RETAIL LIQUOR LICENSES
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez.
Ordinance No. G17-16
AN ORDINANCE
REGARDING A CONDITIONAL USE FOR A CHURCH AT 75 MARKET STREET AND
FUTURE RETAIL LIQUOR LICENSES
WHEREAS, the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.) contains certain
regulations pertaining to the location of liquor license establishments in close proximity to
churches and schools; and
WHEREAS, subsection 6-11(a) of the Illinois Liquor Control Act (235 ILCS 5/6-11(a))
provides in relevant part that no license shall be issued for the sale or retail of any alcoholic liquor
within one hundred feet of any church; and
WHEREAS, written application has been made requesting conditional use (also known as
a special use) approval for a church for a portion of the property commonly known as 75 Market
Street, Elgin, Illinois 60123 ("75 Market Street"); and
WHEREAS, there is a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 1660 Larkin Avenue, Elgin, Illinois 60123 ("1660 Larkin Avenue"); and
WHEREAS, the pre-existing liquor license premises at 1660 Larkin Avenue is located
within 100 feet of 75 Market Street; and
WHEREAS, subsection 6-11(f) of the Illinois Liquor Control Act (235 ILCS 5/6-11(f))
specifically addresses situations in which a church seeks to locate within 100 feet of a property
having a preexisting liquor license as follows:
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Nothing in this Section shall prohibit a church or church affiliated school located
in a home rule municipality or in a municipality with 75,000 or more inhabitants
from locating within 100 feet of a property for which there is a preexisting license
to sell alcoholic liquor at retail. In these instances, the local zoning authority may,
by ordinance adopted simultaneously with the granting of an initial special use
zoning permit for the church or church affiliated school, provide that the 100-foot
restriction in this Section shall not apply to that church or church affiliated school
and future retail liquor licenses. 235 ILCS 5/6-11(f) (emphasis supplied).
WHEREAS, the City of Elgin is both a home rule municipality and is a municipality with
75,000 or more inhabitants; and
WHEREAS, the City Council of the City of Elgin is the local zoning authority for the City
of Elgin; and
WHEREAS, the granting of a conditional use approval under the City of Elgin's zoning
ordinance is equivalent to and is the same as a special use zoning permit referred to in subsection
6-11(f) of the Illinois Liquor Control Act (235 ILCS 5/6-11(f)); and
WHEREAS, both 75 Market Street and 1660 Larkin Avenue are located within the AB
Area Business zoning district; and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to adopt this ordinance simultaneously with the granting of a conditional use for the
church at 75 Market Street whereby the 100 foot restriction in Section 6-11(a) of the Illinois Liquor
Control Act shall not apply to any church or church affiliated school and future retail liquor
licenses within 100 feet of 75 Market Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the foregoing recitals are hereby incorporated into this ordinance in
their entirety as if fully set forth in this section.
Section 2. That this ordinance is being adopted simultaneously with Ordinance No.
G13-16 providing for the granting of an initial conditional use (also known as a special use zoning
permit) for a church to be located in the portion of the property commonly known as 75 Market
Street. Pursuant to 235 ILCS 5/6-11(f), the 100 foot restriction for the issuance of a liquor license
to sell alcoholic liquor at retail within 100 feet of a church or church affiliated school provided for
in 235 ILCS 5/6-11(a) shall not apply to the church or church affiliated school at 75 Market Street
and future retail liquor licenses to be issued within 100 feet of such premises at 75 Market Street.
Section 3. 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.
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Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Passed: April 13, 2016
Vote: Yeas: 8 Nays: 1
Recorded: April 13, 2016
Published: April 15, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE T19-16 PASSED AMENDING ORDINANCE NO. T24-15 ESTABLISHING
AN AMENDED EMERGENCY LOAN PROGRAM FOR HUMAN SERVICE
AGENCIES
Councilmember Dunne made a motion, seconded by Councilmember Martinez, 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. T19-16
ORDINANCE AMENDING ORDINANCE NO. T24-15 ESTABLISHING AN
AMENDED 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
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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; and
WHEREAS, on December 2, 2015, the City Council of the City of Elgin adopted
Ordinance No. T24-15, establishing an emergency loan program for human services; and
WHEREAS, the City Council of the City of Elgin has determined that it is desirable to
provide for certain amendments to such emergency loan program for human services; and
WHEREAS, the provisions of this ordinance are intended to provide for an amended
emergency loan program for human services and to supersede the provisions of Ordinance No.
T24-15.
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:
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.
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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
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 beginning in December 2015.
Recommendations as to proposed funding shall be submitted to the City Council. If funds
remain available under the emergency loan program after the initial application period,
additional applications will be considered as 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 twenty-four months of zero percent (0%);
repayment in monthly installments shall be required not more than eighteen (18) months after the
entry into the loan agreement and repayment in full shall be required not more than twenty-four
(24) months after the entry into the loan agreement; repayment shall be accelerated and due in six
(6) monthly installments beginning on the first of the month of the month after the State of Illinois
begins making payments to the borrowing human service agency 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.
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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 Ordinance No. T24-15 be and is hereby repealed and replaced and
superseded in its entirety by this ordinance. Notwithstanding the foregoing, the adoption of this
ordinance and the repeal of Ordinance No. T24-15 shall not affect the terms or validity of any loan
agreements previously entered into by the City of Elgin under the then existing Emergency Loan
Program pursuant to Ordinance No. T24-15.
Section 3. 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: April 13, 2016
Passed: April 13, 2016
Vote: Yeas: 9 Nays: 0
Recorded: April 13, 2016
Published: April 15, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-62 ADOPTED AUTHORIZING EXECUTION OF A LOAN
AGREEMENT WITH ECKER CENTER FOR MENTAL HEALTH, INC. FOR
FINANCIAL ASSISTANCE THROUGH THE CITY OF ELGIN'S EMERGENCY LOAN
PROGRAM FOR HUMAN SERVICE AGENCIES
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Steffen. Nays: Councilmember Prigge. Mayor Kaptain
abstained.
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152
Resolution No. 16-62
RESOLUTION
AUTHORIZING EXECUTION OF A LOAN AGREEMENT WITH
ECKER CENTER FOR MENTAL HEALTH, INC. FOR FINANCIAL
ASSISTANCE THROUGH THE CITY OF ELGIN’S EMERGENCY LOAN
PROGRAM FOR HUMAN SERVICE AGENCIES
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 Loan Agreement on behalf of the City of Elgin with Ecker Center for
Mental Health, Inc. providing for a loan of city funds in the amount of $175,000 to Ecker Center
for Mental Health, Inc. through City of Elgin’s Emergency Loan Program for Human Service
Agencies, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Vote: Yeas: 7 Nays: 1 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. G15-16 through G16-16 and adopt Resolution Nos. 16-44
through 16-60 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Councilmember Prigge stepped away and did not vote in the motion.
RESOLUTION 16-44 ADOPTED IN HONOR OF FORMER CITY MANAGER ROBERT
L. BRUNTON
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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153
Resolution No. 16-44
RESOLUTION
IN HONOR OF FORMER CITY MANAGER ROBERT L. BRUNTON
WHEREAS, Robert L. Brunton was the City Manager for the City of Elgin from 1962 to
1972; and
WHEREAS, during his years with the City of Elgin, Mr. Brunton was responsible for
supervising the City of Elgin Civic Center Project; and
WHEREAS, the City's Civic Center Project began in 1962 with the campaign for a
successful referendum to approve bond issues and was completed in 1969; and
WHEREAS, the Civic Center Project involved the razing of approximately fifty buildings
on a twenty-five acre site and resulted in the construction of five new buildings and the new Civic
Plaza including a new city hall, post office, library, appellate court building, and the Hemmens
Auditorium; and
WHEREAS, Mr. Brunton's exuberant leadership helped lead the City of Elgin through
other advancements and projects during Mr. Brunton's tenure including a new west side fire
station, facilities for the Bluff City Cemetery, the Spartan Meadows Golf Course, more adequate
buildings for the public works department, a band shell for Wing Park, additional tennis courts, a
central communications center for the fire and police departments, new parking lots, a children's
zoo, redevelopment of Fountain Square, commencement of bus operations, a computer system and
resurfacing of more than fifty miles of streets; and
WHEREAS, Mr. Brunton's accomplishments in his career also included serving as an
Assistant City Manager in Minot, North Dakota from 1949 to 1951; serving as the City Manager
of Milton Freewater, Oregon from 1951 to 1956; serving as an Assistant Director of the
International City Manager's Association from 1956 to 1961; serving as City Manager of Fort
Collins, Colorado from 1972 through 1977 and serving as Deputy City Manager for Phoenix,
Arizona from 1977 through 1986; and
WHEREAS, Mr. Brunton also served his country in the military and was a veteran of the
Second World War; and
WHEREAS, Mr. Brunton was a civil engineer and had a master's degree in sociology and
psychology and had additional coursework in public administration; and
WHEREAS, Mr. Brunton was aptly nicknamed "Bob the Builder" and is further
remembered as a man of great intellect and integrity with a compassion for people and a devotion
to the ideal of honest and responsible city government; and
WHEREAS, Mr. Brunton enjoyed his retirement years in Arizona before passing away at
the age of 88 in 2012; and
APRIL 13, 2016 VOLUME LXXXI
154
WHEREAS, the City of Elgin wishes to express its sincere and warm appreciation and
esteem to the memory of former City Manager Robert L. Brunton who was a faithful and diligent
public servant and steward for the City of Elgin; and
WHEREAS, the City Council of the City of Elgin has determined that an appropriate
recognition and honor for Robert L. Brunton is to place a historical marker in the Civic Plaza
describing Mr. Brunton's accomplishments on behalf of the City and his indispensable leadership
in the construction of the Civic Center Project to honor Mr. Brunton's legacy of service and
leadership and to inform and remind future generations of Mr. Brunton's service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that the City of Elgin extends its sincere and warm appreciation and esteem
to the memory of former City Manager Robert L. Brunton and to his family for Mr. Brunton's
outstanding service to the City of Elgin as City Manager for the City of Elgin.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that in recognition and in honor of former City Manager Robert L. Brunton's
outstanding service to the City of Elgin that the City of Elgin hereby designates and names a
historical marker to be placed in the Civic Plaza as the Robert L. Brunton Historical Marker.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-45 ADOPTED APPROVING CULTURAL ARTS COMMISSION
GRANT RECIPIENTS
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXI APRIL 13, 2016
155
Resolution No. 16-45
RESOLUTION
APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS
WHEREAS, the Cultural Arts Commission Grant Program has been established to provide
financial assistance for arts programming; and
WHEREAS, thirteen grant applications were submitted for consideration in 2016 under the
Cultural Arts Commission Grant Program; and
WHEREAS, said applications have been reviewed and recipients selected by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that grant assistance and funds be provided under the Cultural Arts
Commission Grant Program to the following twelve organizations in the amount of $49,883 and
an allocation of $12,000 for individual artist grants:
Organization Event Amount
BFH.org (Ballet Folklorico) Cultural Performance $4,888
Children’s Theatre of Elgin Disney’s The Little Mermaid 5,454
Elgin Master’s Chorale “Songs of Freedom” 6,446
Elgin Theatre Company Theater Production, “The Cemetery Club” 313
Elgin Symphony Orchestra “ESO Presents” 2,508
Elgin Youth Symphony
Orchestra
“City of Time” Season Finale performance 6,517
Hamilton Wings “SCORE II!” Program and Musical
Performance
6,800
Independent Players Celebrating Women: The Traditional Classic
Meets the 21st Century
568
Latino Film Festival Latino Film Festival, Elgin 2016 1,417
Janus Theatre Elgin 400 Shakespeare Project 7,565
Side Street Studio Arts Battle of the Bands 6,116
Soiree Lyrique Elgin Productions of Soirée Lyrique 1,292
Individual Artist Grants Awarded on a rolling basis 12,000
TOTAL $61,884
BE IT FURTHER RESOLVED that the projects shall be in conformance with all
applicable codes and ordinances.
APRIL 13, 2016 VOLUME LXXXI
156
BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall
be required to enter into an agreement with the City of Elgin in a form as approved by the
Corporation Counsel.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-46 ADOPTED AUTHORIZING ATHLETIC FACILITY
IMPROVEMENT FUNDING TO YOUTH SPORTS ORGANIZATIONS
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-46
RESOLUTION
AUTHORIZING ATHLETIC FACILITY IMPROVEMENT FUNDING TO
YOUTH SPORTS ORGANIZATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, is hereby authorized and directed to distribute athletic facility
improvement grants to the following youth sports organizations for the purposes specified herein
and pursuant to the terms and conditions in the agreements between the City of Elgin and the
respective youth sports organizations:
Elgin National Little League
Scoreboard for Field #1 $ 5,201
Architect drawings for expanded announcer booth $ 2,500
Covered material bins $ 4,608
Total $ 12,309
VOLUME LXXXI APRIL 13, 2016
157
Elgin Classic Little League
Refurbish infield Wing Park field #2 $ 10,960
Replace roof Wing tractor shed $ 3,701
Total $ 14,661
Elgin Youth Football
Water Heater $ 700
Field Renovation $ 2,000
Door replacement $ 500
Architect drawings for west end bathrooms $ 3,520
Total $ 6,720
The Hill BMX
Gate safety upgrades $ 2,810
Storage shed and start tower $ 12,000
Asphalt turns and start $ 1,500
Total $ 16,310
Total grant allocation $ 50,000
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-47 ADOPTED AUTHORIZING EXECUTION OF A
COMMUNICATIONS SYSTEM AGREEMENT WITH MOTOROLA SOLUTIONS,
INC. FOR MOTOROLA REAL-TIME INFORMATION CENTER REGARDING THE
CITY'S E-911 EMERGENCY COMMUNICATIONS CENTER
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
APRIL 13, 2016 VOLUME LXXXI
158
Resolution No. 16-47
RESOLUTION
AUTHORIZING EXECUTION OF A COMMUNICATIONS SYSTEM AGREEMENT WITH
MOTOROLA SOLUTIONS, INC. FOR MOTOROLA REAL-TIME INFORMATION
CENTER REGARDING THE CITY'S E-911 EMERGENCY COMMUNICATIONS CENTER
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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a
communications system agreement on behalf of the City of Elgin with Motorola Solutions, Inc.
for Motorola Real-Time Information Center regarding the city's E-911 emergency
communications center, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-48 ADOPTED AUTHORIZING EXECUTION OF A SERVICES
AGREEMENT WITH MOTOROLA SOLUTIONS FOR MAINTENANCE OF INTRADO
911 AND NON-EMERGENCY PHONE SYSTEMS
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXI APRIL 13, 2016
159
Resolution No. 16-48
RESOLUTION
AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH
MOTOROLA SOLUTIONS FOR MAINTENANCE OF INTRADO 911 AND
NON-EMERGENCY PHONE SYSTEMS
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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a services
agreement on behalf of the City of Elgin with Motorola Solutions for maintenance of Intrado 911
and non-emergency phone systems, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-49 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ALL AMERICAN AUTO & TRUCK, INC. FOR COLLISION REPAIR
SERVICES
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
APRIL 13, 2016 VOLUME LXXXI
160
Resolution No. 16-49
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ALL AMERICAN AUTO & TRUCK, INC. FOR
COLLISION REPAIR SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an
Agreement on behalf of the City of Elgin with All American Auto & Truck, Inc. for collision repair
services, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-50 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SAFE STEP, LLC FOR SIDEWALK REPAIRS
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-50
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SAFE STEP, LLC FOR
SIDEWALK REPAIRS
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 an
Agreement on behalf of the City of Elgin with Safe Step, LLC for sidewalk repairs, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXI APRIL 13, 2016
161
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-51 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A FIRE HYDRANT EASEMENT AGREEMENT FROM CENTRAL PARK
TOWERS, LP FOR ACCESSING, MAINTAINING AND OPERATING FIRE HYDRANT
(130 S. STATE 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-51
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A FIRE
HYDRANT EASEMENT AGREEMENT FROM CENTRAL PARK TOWERS, LP
FOR ACCESSING, MAINTAINING AND OPERATING FIRE HYDRANT
(130 S. State Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement from Central Park Towers, LP for accessing,
maintaining and operating fire hydrant, for the property legally described on Exhibit A, a copy of
which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
APRIL 13, 2016 VOLUME LXXXI
162
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-52 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A WATER SERVICE SHUTOFF BOX ACCESS EASEMENT AGREEMENT FROM
CENTRAL PARK TOWERS, LP FOR ACCESSING WATER SHUTOFF VALVES (130
S. STATE 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-52
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A WATER SERVICE SHUTOFF
BOX ACCESS EASEMENT AGREEMENT FROM CENTRAL PARK TOWERS, LP
FOR ACCESSING WATER SHUTOFF VALVES
(130 S. State Street)
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 water service shutoff box access easement agreement from Central Park
Towers, LP for accessing water shutoff valves, for the property legally described on Exhibit A, a
copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXI APRIL 13, 2016
163
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-53 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM
AMERICAN TOWER ASSET SUB, LLC (NESLER ROAD-PERMANENT INDEX
NUMBER 05-24-400-026)
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-53
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM AMERICAN TOWER ASSET SUB, LLC
(Nesler Road-Permanent Index Number 05-24-400-026)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement for water main purposes from American Tower
Asset Sub, LLC for the property legally described on Exhibit A, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 13, 2016 VOLUME LXXXI
164
RESOLUTION 16-54 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM A.M.T.
LAND, LLC (10N331 NESLER 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-54
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM A.M.T. LAND, LLC
(10N331 Nesler Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement for water main purposes from A.M.T. Land, LLC
for the property legally described on Exhibit A, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI APRIL 13, 2016
165
RESOLUTION 16-55 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM
CHICAGO TITLE LAND TRUST COMPANY AS SUCCESSOR TRUSTEE TO
LASALLE BANK, N.A., AS SUCCESSOR TRUSTEE TO EXCHANGE NATIONAL
BANK OF CHICAGO, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST
AGREEMENT DATED JANUARY 20, 1982, AND KNOWN AS TRUST NO. 39576
(NESLER ROAD-PERMANENT INDEX NUMBERS: 05-25-126-006 AND 05-25-126-007)
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-55
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM CHICAGO TITLE LAND TRUST COMPANY
AS SUCCESSOR TRUSTEE TO LASALLE BANK, N.A., AS SUCCESSOR
TRUSTEE TO EXCHANGE NATIONAL BANK OF CHICAGO, AS TRUSTEE
UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JANUARY 20, 1982,
AND KNOWN AS TRUST NO. 39576,
(Nesler Road-Permanent Index Numbers: 05-25-126-006 and 05-25-126-007)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement for water main purposes from Chicago Title Land
Trust Company as Successor Trustee to LaSalle Bank, N.A., as Successor Trustee to Exchange
National Bank of Chicago, as Trustee under the Provisions of a Trust Agreement dated January
20, 1982, and known as Trust No. 39576, for the property legally described on Exhibit A, a copy
of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 13, 2016 VOLUME LXXXI
166
RESOLUTION 16-56 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM JOHN A.
HALLBERG AND CAREN B. HALLBERG (10N135 NESLER 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-56
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM
JOHN A. HALLBERG AND CAREN B. HALLBERG
(10N135 Nesler Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement for water main purposes from John A. Hallberg
and Caren B. Hallberg for the property legally described on Exhibit A, a copy of which is attached
hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI APRIL 13, 2016
167
RESOLUTION 16-57 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM THE
NORTHWEST BIBLE BAPTIST CHURCH, INC. (9N889 NESLER 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-57
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM
THE NORTHWEST BIBLE BAPTIST CHURCH, INC.
(9N889 Nesler Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement for water main purposes from The Northwest Bible
Baptist Church, Inc. for the property legally described on Exhibit A, a copy of which is attached
hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 13, 2016 VOLUME LXXXI
168
RESOLUTION 16-58 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM JASON
SCHAMBACH AND KAREN SCHAMBACH (10N125 NESLER 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-58
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM
JASON SCHAMBACH AND KAREN SCHAMBACH
(10N125 Nesler Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an easement agreement for water main purposes from Jason Schambach
and Karen Schambach for the property legally described on Exhibit A, a copy of which is attached
hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI APRIL 13, 2016
169
RESOLUTION 16-59 ADOPTED AUTHORIZING EXECUTION OF AN EMERGENCY
INTERCONNECTION AGREEMENT WITH ILLINOIS-AMERICAN WATER
COMPANY
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-59
RESOLUTION
AUTHORIZING EXECUTION OF AN EMERGENCY INTERCONNECTION
AGREEMENT WITH ILLINOIS-AMERICAN WATER COMPANY
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 Emergency Interconnection Agreement on behalf of the City
of Elgin with Illinois-American Water Company to provide potable water to the Illinois-American
Water Company on an emergency basis in connection with the Rollins Service Area, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-60 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
APRIL 13, 2016 VOLUME LXXXI
170
Resolution No. 16-60
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Lynne Diamond be and is hereby appointed as a member of the Heritage Commission Design
Review Subcommittee for a term that expires on May 1, 2016.
BE IT FURTHER RESOLVED that Jane Erlandson be and is hereby appointed as a
member of the Cultural Arts Commission for a term to expire November 1, 2018.
BE IT FURTHER RESOLVED that R. Darryl Thomas be and is hereby appointed as a
member of the Cultural Arts Commission for a term to expire November 1, 2018.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G15-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR
DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR
LICENSE CLASSIFICATIONS
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXI APRIL 13, 2016
171
Ordinance No. G15-16
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED “ALCOHOLIC LIQUOR DEALERS”
TO AMEND THE NUMBER OF CERTAIN
AVAILABLE LIQUOR LICENSE CLASSIFICATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending
subparagraph U thereof to read as follows:
"U. The number of class M licenses shall not exceed two (2) in number."
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 upon its passage and publication
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Passed: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: April 13, 2016
Published: April 15, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 13, 2016 VOLUME LXXXI
172
ORDINANCE G16-16 PASSED GRANTING A PLANNED DEVELOPMENT AS A
CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT TO PERMIT CERTAIN
DEPARTURES FROM THE ELGIN ZONING ORDINANCE RELATED TO SITE
DESIGN AND STREET GRAPHICS REQUIREMENTS (297 SOUTH MCLEAN
BOULEVARD)
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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G16-16
AN ORDINANCE
GRANTING A PLANNED DEVELOPMENT AS A CONDITIONAL USE
IN THE AB AREA BUSINESS DISTRICT TO PERMIT CERTAIN
DEPARTURES FROM THE ELGIN ZONING ORDINANCE RELATED
TO SITE DESIGN AND STREET GRAPHICS REQUIREMENTS
(297 SOUTH MCLEAN BOULEVARD)
WHEREAS, written application has been made requesting a planned development for a
conditional use to permit certain departures from the Elgin Zoning Ordinance related to Site
Design and Street Graphics Requirements in the AB Area Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on March 7, 2016, 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
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 planned
development as a conditional use in the AB Area Business District pertains to the government and
affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
VOLUME LXXXI APRIL 13, 2016
173
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated March 7, 2016, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a planned development for a conditional use to permit departures in
the AB Area Business District at 297 South McLean Boulevard, and legally described as follows:
LOTS 13 TO 17 BLOCK LVIII PLAT OF SOUTH WASHINGTON HEIGHTS
SUBDIVISION, DEPICTING PARCEL REMAINDER SHOWING CURRENT
BOUNDARIES AS ACQUIRED BY IDOT FOR MC LEAN BLVD, LILLIAN STREET
HIGHWAY IMPROVEMENTS. IDOT PARCEL IH60023. JOB No. R-91-017-01.
(COMMONLY KNOWN AS: 297 SOUTH MCLEAN BOULEVARD, ELGIN,
ILLINOIS 60123. SEE DOCUMENT 2011ED102, 96K066503, CURRENT PIN 06-22-
205-025 (Property commonly known as 297 South McLean Boulevard)
be and is hereby granted subject to the following conditions:
4. One Monument Sign with a surface area of 40 square feet and a height of no more than
10 feet shall be allowed.
5. Three wall graphics shall be allowed on the building – two with a surface area of 73.23
square feet each and a third with a surface area of 38.75 square feet for a total combined
surface area of 185.21 square feet.
6. The setback from a transition lot line and interior lot line shall be no less than 3 feet 8
inches. The transition landscape yard shall be no less than 11 feet.
7. The vehicle use areas shall be set back no less than 1 foot 11 inches from a street lot
line and no less than 5 feet 6 inches from an interior lot line.
8. Substantial conformance with the Development Application, Statement of Purpose and
supporting documentation prepared by Ryan Triphahn of Corporate Design &
Development Group, LLC, dated October 22, 2015 and last revised on January 11,
2016. In the event of any conflict between such documents and this ordinance or other
applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
9. Substantial Conformance with the Architectural and Zoning Exhibits prepared by
Corporate Design & Development Group, LLC, including the following exhibits, and
contingent upon revisions per the Community Development Department, Engineering,
Water and Fire Departments:
a. Architectural and Zoning Site Plan, Sheet A001 dated August 17, 2015 and last
revised on February 29, 2016
b. Enclosure Plans and Details, Sheet A002 dated August 17, 2015 and last revised
on February 15, 2016
APRIL 13, 2016 VOLUME LXXXI
174
c. Site Details Sheet A003 depicting the design of the pay station canopy, sound
walls and knee walls and ornamental fence dated October 14, 2015 and last
updated on February 29, 2016
d. Floor and Roof Plans, Sheet A101 dated October 14, 2015 and last updated on
February 29, 2016
e. Exterior Elevations, Sheet A201 and Color Elevations Sheet A202 dated
October 14, 2015 and last updated on February 29, 2016. The window sill on
the south elevation will need to be adjusted to the height of the horizontal band
that runs along the entire length of the building.
f. Screening Exhibit Sheet EX-1 dated October 14, 2015 and last updated on
February 29, 2016
g. Proposed Control Plan dated August 17, 2015 and last updated on February 29,
2016
10. Substantial conformance to the proposal for the Monument Graphic prepared by Signs
Now, dated received on March 1, 2016.
11. Substantial conformance with the Preliminary Engineering Plans entitled “Extreme
Clean Car Wash, Elgin Illinois, 297 South McLean Boulevard” Sheets C0-C3, and
Preliminary Landscape Plans, Sheet L1, prepared by ARC Design Resources, Inc, dated
received on February 29, 2016, contingent upon revisions per the Community
Development Department, Engineering, Water and Fire Departments.
12. Substantial conformance with the Exterior Lighting Layout Plans for Extreme Clean
Car Wash prepared Red Leonard Associates, dated October 22, 2015 and last revised
on January 7, 2016.
13. Approval of access to and from McLean Boulevard right-of-way and utility tie-ins shall
be coordinated with the Illinois Department of Transportation.
14. Compliance with all applicable codes and ordinances.
Section 3. That the planned development for a conditional use granted herein shall
expire if not established within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXI APRIL 13, 2016
175
Presented: April 13, 2016
Passed: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: April 13, 2016
Published: April 15, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Shaw 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Councilmember Prigge stepped away and did not vote on the motion.
Cultural Arts Commission, February 8, 2016
Emergency Telephone System Board, February 18, 2015
Heritage Commission, March 1, 2016
Heritage Commission – Design Review Subcommittee January 12, 2016
Liquor Commission, February 10, 2016
Planning and Zoning Commission March 7, 2016
Committee of the Whole for February 24, 2016
City Council Minutes for February 24, 2016
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Telecommunications Tax
Alcoholic Tax Revenue
Natural Gas Tax
Electricity Tax
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
APRIL 13, 2016 VOLUME LXXXI
176
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adjourn and
go into the Executive Session for the purpose of discussing the following matters. Upon a roll
call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Nays: None.
Collective Bargaining Issues or Deliberations Concerning Salary Schedules for
One or More Classes of Employees - Exempt Under Section 120/2(c)(2) of the
Open Meetings Act
Establishment of Reserves or Settlement of Claims as Provided in the Local
Governmental and Governmental Employees Tort Immunity Act - Exempt Under
Section 120/2(c)(12) of the Open Meetings Act
The meeting adjourned at 7:52 p.m.
s/ Kimberly Dewis April 27, 2016
Kimberly Dewis, City Clerk Date Approved