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VOLUME LXXXI DECEMBER 7, 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 December 7, 2016,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:50 p.m. The
Invocation was given by Reverend Katie Shaw, Thompson Minister of the Highland Avenue
Church of the Brethren 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 NOVEMBER 16, 2016, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the
November 16, 2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor
Kaptain. Nays: None. Abstain: Councilmember Prigge.
RECOGNIZE PERSONS PRESENT
Chuck Keysor announced the Octave candidate forum being held on January 26, 2017 at the
Solid Rock Free Will Baptist Church on South Street.
BID 16-042 AWARDED TO TASER INTERNATIONAL FOR THE PURCHASE OF
BODY WORN CAMERAS AND ASSOCIATED EQUIPMENT
Commander Ana Lalley provided a presentation on the process to develop a policy and the
choice of vendor for the body worn cameras. A copy of the presentation is on file in the City
Clerk’s Office.
There was discussion regarding the draft policy, including retention, redaction, training, and
notifying the public about cameras being used. Also discussed were features of the equipment
and the software including battery life, warranty, editing and tracking features.
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Councilmember Gavin made a motion, seconded by Councilmember Steffen, to enter into a
contract with Taser International for the purchase of body‐worn cameras for Elgin police
officers, as well as the associated equipment, video storage and video management tools related
to their use in the amount of a $250,000 grant with $250,000 matching funds. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
BID 16-051 AWARDED TO H&H ELECTRIC FOR TRAFFIC SIGNAL
MAINTENANCE PROGRAM
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to award the
traffic signal maintenance contract to H&H Electric in the amount of $262,944 for a two‐year
period. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 16-052 AWARDED TO CONVERGING NETWORK GROUP FOR EXTREME
NETWORK X460-G2 SWITCHES
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award bid 16‐052
Extreme Network X460‐G2 Switches to Converging Network Group in the amount of $29,800 to
add network switch capacity for the police department building control and security system
improvements. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
STATE OF ILLINOIS CMS CONTRACT AWARDED TO CDW-G FOR THE
PURCHASE OF A MICROSOFT SERVER LICENSE UPGRADE
Councilmember Martinez made a motion, seconded by Councilmember Powell, to approve the
purchase of Microsoft Server 2016 licenses from CDW‐G on the State of Illinois CMS
Contract in the amount of $81,254 in order to upgrade the server infrastructure to the current
release of Microsoft Server operating system. 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.
Debra Nawrocki, Chief Financial Officer, explained the need for the hearing. She stated that the
Truth-in-Taxation law established procedures for taxing districts to be followed when adopting
the property tax levy. If a taxing district proposes an aggregate tax levy that is more than five
VOLUME LXXXI DECEMBER 7, 2016
449
percent higher than the total amount of taxes it extended in the previous year, it must publish the
required notice in a local newspaper and hold a public hearing.
Ms. Nawrocki noted that Elgin’s aggregate tax levy for the 2016 tax year is not more than five
percent higher than the total amount of taxes extended in 2015, and that negates the need to
conduct a Truth-in-Taxation hearing. In accordance with the city’s longstanding practice of
providing residents an opportunity to comment on the proposed tax levy, a truth in taxation
hearing would be conducted.
Debra Nawrocki, Chief Financial Officer, read the following statement regarding the tax levy:
The corporate and special purpose property taxes extended or abated for 2015 were $44,429,658.
The proposed corporate and special purpose property taxes to be levied for 2016 are
$46,745,430, which is a 5.2% increase over the previous year.
The property taxes extended for debt service and public building commission leases for 2015
were $4,550,002. The proposed property taxes to be levied for debt service and public building
commission leases for 2016 are $3,040,240, a 33.2% decrease from the previous year.
The total property taxes extended or abated for 2015 were $48,979,660. The proposed total
property taxes to be levied for 2016 are $49,785,670, a 1.6% increase over the previous year that
is necessitated by an increase in required contributions to public safety pensions.
Mayor Kaptain opened the floor to public comment.
Don Tutt, Edgewater neighborhood resident, stated his concerns about the city budget and its
impact on his property tax bill.
Jerry Clinnin, Edgewater neighborhood resident, asked the council to be sensitive to
homeowners and the budget’s impact on residents.
Chuck Keysor, asked for clarification on the Golf Fund balances.
Mayor Kaptain declared the public hearing closed.
PETITION 28-16 APPROVED REQUESTING A CONDITIONAL USE IN THE CC1
CENTER CITY DISTRICT, TO ESTABLISH A MEMBERSHIP ORGANIZATION ON
THE PROPERTY LOCATED AT 72 SOUTH GROVE AVENUE, BY GOT ROBOT? AS
APPLICANT, AND ANGULERIS HOLDINGS, LLC, AS PROPERTY OWNER
Marc Mylott, Community Development Director, provided an overview of Petition 28-16 which
would permit the establishment of a membership organization at this location. Staff and the
Planning and Zoning Commission approved the petition subject to the conditions outlined in the
memo.
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There was discussion regarding the opportunities for a retail use in the space and the length of
the lease.
Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve
Petition 28-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays:
Councilmember Shaw.
RESOLUTION 16-142 ADOPTED AUTHORIZING EXECUTION OF A SETTLEMENT
AGREEMENT WITH LANDMARK CONTRACTORS, INC. AND NORTHERN
CONTRACTING, INC. REGARDING THE CENTRAL BUSINESS DISTRICT
STREETSCAPE IMPROVEMENTS PROJECTS
There was discussion regarding the terms of the settlement. Corporation Counsel Cogley
outlined the issues with the fencing and the curbs and what was being done to fix the impacted
areas.
Councilmember Dunne made a motion, seconded by Councilmember Gavin, 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. 16-142
RESOLUTION
AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT
WITH LANDMARK CONTRACTORS, INC. AND NORTHERN CONTRACTING, INC.
REGARDING THE CENTRAL BUSINESS DISTRICT STREETSCAPE
IMPROVEMENTS PROJECTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Settlement Agreement on behalf of the City of Elgin with
Landmark Contractors, Inc. and Northern Contracting, Inc. regarding the Central Business District
Streetscape Improvements Projects, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
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451
Presented: December 7, 2016
Adopted: December 7, 2016
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-141 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Dunne 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, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Prigge abstained.
Resolution No. 16-141
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Erin Rehberg is hereby reappointed as a member of the Cultural Arts Commission for a term
to expire November 1, 2019.
BE IT FURTHER RESOLVED that Kira Fox and Madeline Richmond are hereby
appointed as members of the Cultural Arts Commission for terms to expire November 1, 2018.
BE IT FURTHER RESOLVED that Jorge Alvarez is hereby appointed as a member of the
Sustainability Commission for a term to expire June 1, 2017.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 7, 2016
Adopted: December 7, 2016
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 7, 2016 VOLUME LXXXI
452
CONSENT AGENDA
By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember
Shaw, to pass Ordinance No. G45-16 and adopt Resolution Nos. 16-139 and 16-140 by omnibus
vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 16-139 ADOPTED AUTHORIZING EXECUTION OF A RIGHT-OF-
WAY LICENSE AGREEMENT WITH SHG OF ILLINOIS, LLC DOING BUSINESS AS
BBK MOTORSPORTS (227 DUPAGE STREET)
Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. 16-139
RESOLUTION
AUTHORIZING EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH
SHG OF ILLINOIS, LLC DOING BUSINESS AS BBK MOTORSPORTS
(227 DuPage 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 Right-of-Way License Agreement on behalf of the City of Elgin with
SHG of Illinois, LLC doing business as BBK Motorsports for utilization of two marked on-street
parking spaces, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 7, 2016
Adopted: December 7, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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453
RESOLUTION 16-140 ADOPTED AUTHORIZING EXECUTION OF SERVICE
ORDERS AND BOX SERVICE AGREEMENTS WITH BOX, INC. FOR CLOUD-
BASED DATA STORAGE AND DOCUMENT MANAGEMENT PLATFORM AND FOR
CONSULTING SERVICES
Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. 16-140
RESOLUTION
AUTHORIZING EXECUTION OF SERVICE ORDERS AND BOX SERVICE
AGREEMENTS WITH BOX, INC. FOR CLOUD-BASED DATA STORAGE
AND DOCUMENT MANAGEMENT PLATFORM AND FOR CONSULTING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to
execute service order and Box Service Agreement on behalf of the City of Elgin with Box, Inc. for
cloud-based data storage and document management platform, a copy of which is attached hereto
and made a part hereof by reference.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to
execute service order and Box Service Agreement on behalf of the City of Elgin with Box, Inc. for
consulting services, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 7, 2016
Adopted: December 7, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 7, 2016 VOLUME LXXXI
454
ORDINANCE G45-16 PASSED AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, TO PROVIDE FOR A NEW CHAPTER 6.95 ENTITLED “PERSONAL
WIRELESS TELECOMMUNICATION SERVICES AND FACILITIES”
Councilmember Steffen made a motion, seconded by Councilmember Shaw, 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. G45-16
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROVIDE FOR A
NEW CHAPTER 6.95 ENTITLED "PERSONAL WIRELESS TELECOMMUNICATION
SERVICES AND FACILITIES"
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the
Illinois Constitution, and as a home rule unit may exercise any power and perform any function
pertaining to its government and affairs; and
WHEREAS, the City of Elgin uses the public rights-of-way within its corporate limits to
provide essential public services to its residents and businesses; and
WHEREAS, the public rights-of-way within the City of Elgin are a limited public resource
held in trust by the City of Elgin for the benefit of its citizens and the City of Elgin has a custodial
duty to ensure that the public rights-of-way are used, repaired and maintained in a manner that best
serves the public interest; and
WHEREAS, utility service providers, including electricity, telephone, natural gas and
cable television or video service providers have placed, or from time to time may request to place,
certain facilities in the public rights-of-way and other property within the City; and
WHEREAS, the City Council of the City of Elgin has previously adopted regulations in
Title 13 of the Elgin Municipal Code, 1976, as amended, in order to establish generally applicable
standards for construction, installation, use, maintenance and repair of utility facilities, on, over,
above, along, upon, under, across, or within the public rights-of-way of the City of Elgin; and
WHEREAS, growing demand for personal wireless telecommunication services has
resulted in increasing requests nationwide and locally from the wireless industry to place small
cell, distributed antenna systems and other personal wireless telecommunication facilities on utility
and street light poles and other structures in the public rights-of way and other property; and
WHEREAS, while state and federal law limit the authority of local governments to enact
laws that prohibit or have the effect of prohibiting the provision of telecommunication services,
the City of Elgin does have the power, under existing state and federal law, to approve appropriate
regulations and restrictions relative to small cell, distributed antenna systems and other personal
wireless telecommunication facility installations in the public right-of-way and other property; and
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WHEREAS, in light of the anticipated continuation of increased demand for placement of
small cell facilities, distributed antenna system facilities and other personal wireless
telecommunication facility installations with the public rights-of-way and other property, the City
Council of the City of Elgin finds and determines that it is necessary and in the best interests of
the public health, safety and general welfare to adopt the amendments to Title 6 of the Elgin
Municipal Code, 1976, as amended, as provided herein; and
WHEREAS, providing specific regulations and standards for the placement and siting of
personal wireless telecommunication facilities within the public rights-of-way and other property
in the City of Elgin pertains to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled
"Business Licenses and Regulations" be and is hereby further amended by adding a new Chapter
6.95 thereto entitled "Personal Wireless Telecommunication Services and Facilities" to read as
follows:
"Chapter 6.95
Personal Wireless Telecommunication Services and Facilities
6.95.010: PURPOSE:
The purpose and intent of this chapter is to:
A. Provide specific regulations and standards for the placement and siting of personal
wireless telecommunication services and facilities within the corporate limits of the
City of Elgin.
B. Minimize the adverse visual impact of wireless facilities within the corporate limits
of the City.
C. Facilitate the location of personal wireless telecommunication services and
facilities in permitted locations within the corporate limits of the City; and
D. Provide a variance process for those requests that do not meet the specific
regulations and standards of this chapter so that they may be consistent with the
aesthetic character of the surrounding environment.
6.95.020: DEFINITIONS:
As used in this chapter, the following terms shall have the following meanings:
DECEMBER 7, 2016 VOLUME LXXXI
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ALTERNATIVE ANTENNA STRUCTURE: means an existing pole or other structure that can
be used to support an antenna and is not a utility pole or a City owned infrastructure. Except as
otherwise provided for by this chapter, the requirements for an alternative antenna structure shall
be those required in Title 19 of the Elgin Municipal Code.
ANTENNA: means communications equipment that transmits or receives electromagnetic radio
signals used in the provision of any type of wireless communications services.
ANTENNA STRUCTURE: means any structure designed to specifically support an antenna,
and/or any appurtenances mounted on such a structure.
APPLICANT: includes any person or entity submitting an application to install personal wireless
telecommunication facilities.
CITY OWNED INFRASTRUCTURE: means infrastructure including, but not limited to,
streetlights, traffic signal, towers or buildings owned, operated or maintained by the City of Elgin.
DISTRIBUTED ANTENNA SYSTEM (DAS): means a network of spatially separated antenna
nodes connection to a common source via a transport medium that provides wireless service within
a geographic area.
LANDSCAPE SCREENING: means the installation at grade of plantings, shrubbery, bushes or
other foliage intended to screen the base of an antenna structure and/or ground mounted or an
above ground service facility from public view.
MONOPOLE: means a structure composed of a single spire, pole or tower used to support
antennas or related equipment.
PERSONAL WIRELESS TELECOMMUNICATION FACILITY, WIRELESS SERVICES
FACILITY OR WIRELESS FACILITY: means a structure, antenna, pole, tower, equipment,
accessory equipment and related improvements used, or designed to be used, to provide wireless
transmission of voice, data, images, or other information including, but not limited to, cellular
phone service, personal communication service, paging, and Wi-Fi service.
SMALL CELL ANTENNAS: means an antenna either installed singly or as part of a network to
provide coverage or enhance capacity in a limited defined area.
TOWER: means any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas, including self-supporting lattice towers, guy towers, or
monopole towers. Except as otherwise provided for this chapter, the requirements for a tower and
associated antenna facilities shall be those required in Title 19 of the Elgin Municipal Code.
UTILITY POLE: means an upright pole designed and used to support electric cables, telephone
cables, telecommunication cables, cable service cables or to provide lighting, traffic control,
signage or a similar function.
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VARIATION: means a grant of relief by the City from specific limitations of this chapter.
WI-FI ANTENNA: means an antenna used to support Wi-Fi broadband Internet access service
based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable
communication between devices.
WIRELESS FACILITY PERMIT: means a permit issued under this chapter authorizing the
installation, operation, and maintenance of a personal wireless telecommunication facility
including, without limitations, small cell antennas, distributed antenna systems (DAS) and Wi-Fi
antennas. Except as otherwise provided for by this chapter, the procedures for the application for,
approval of and revocation of such a permit shall be those required in Chapter 13.15 of the Elgin
Municipal Code for facilities in the public rights-of-way and in Title 19 of this Code for facilities
on other property within the City.
6.95.030: REGULATIONS AND STANDARDS:
Personal wireless telecommunication facilities proposed to be located within the corporate limits
of the City of Elgin shall comply with the following regulations:
A. Number Limitation. Not more than one personal wireless telecommunication
facility may be located on a single utility pole for the use of a single personal
wireless services operator, unless authorized by the City as a variance for good
cause shown pursuant to the variation requirements and standards in this chapter.
B. Separation and Setback Requirements. Personal wireless telecommunication
facilities may be attached to a utility pole that is located no closer than one hundred
(100) feet to any residential building and no closer than five hundred (500) feet
from any other personal wireless telecommunication services facility. A lesser
setback may be allowed by the City Manager as a variance to this chapter when the
applicant establishes that the lesser setback is necessary to close a significant
coverage or capacity gap in the applicant's personal telecommunication service and
the proposed antenna or facility is the least intrusive means to do so.
C. City Owned Infrastructure. No personal wireless telecommunication services
facility shall be mounted to City owned infrastructure including, but not limited to,
streetlights, traffic signal, towers or buildings unless authorized by a license
agreement between the owner and the City.
D. New Monopole. Any new tower to support personal wireless telecommunication
facilities shall be a monopole. The height of a new monopole or utility pole to
support personal wireless telecommunication facilities shall not exceed more than
fifty (50) feet above ground level. No new monopole or utility pole to support
personal wireless telecommunication facilities shall be authorized unless the
applicant is able to demonstrate that no lawfully preexisting antenna support
structure or lawfully preexisting building or structure is available, on commercially
reasonable terms, and sufficient for the location of an antenna necessary for the
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provision of personal wireless services. No new monopole or utility pole to support
personal wireless telecommunication facilities shall be authorized unless such
monopole or utility pole meets the requirements as set forth in Title 19 of the Elgin
Municipal Code.
E. Attachment Limitations. No such personal wireless telecommunication facility
shall be attached to a utility pole, alternative support structure or City-owned
infrastructure unless all of the following conditions are satisfied:
1. Surface Area of Antenna. The personal wireless service antenna, including
antenna panels, whip antennas or dish shaped antennas, shall not have a
surface area of more than six (6) cubic feet in volume and no single
dimension exceeding seven (7) feet. Omnidirectional or whip antennas may
not extend more than seven (7) feet, not including any pole extension.
2. Size of Above Ground Personal Wireless Telecommunication Services
Facility. The total combined volume of all above ground equipment and
appurtenances comprising a personal wireless telecommunication facility
cannot exceed seventeen (17) cubic feet.
3. Personal Wireless Telecommunication Services Equipment. The operator
of a personal wireless telecommunication facility shall, whenever possible,
locate the base of the equipment or appurtenances at a height of no lower
than eight (8) feet above grade.
4. Personal Wireless Telecommunication Services Equipment Mounted at
Grade. In the event that the operator of a personal wireless
telecommunication facility proposes to install a facility where equipment or
appurtenances to be installed at grade, screening shall be installed to
minimize the visibility of the facility. Such screening shall be natural
landscaping material or a fence subject to the approval of City and shall
comply with all regulations of the City. In lieu of the operator installing the
screening, the City, at its sole discretion, may accept from the operator of
the facility a fee of one thousand five hundred dollars ($1,500) for the
acquisition and installation of screening or landscaping material by the City.
Appropriate landscaping shall be located and maintained and shall provide
the maximum achievable screening, as determined by the City, from view
from adjoining properties and public or private streets. Notwithstanding the
foregoing, no such screening is required to extend more than nine (9) feet
in height. Landscaping screening when permitted in the right-of-way, shall
be provided with a clearance of three (3) feet in all directions from the
facility. Alternatively, for a roof mounted facility, the maximum reasonably
achievable screening shall be provided between such facility and the view
from adjoining properties and public or private streets.
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5. Height. A personal wireless telecommunication antenna shall not exceed
more than fifty (50) feet above ground level. The top of the highest point
of the antenna may not extend more than seven (7) feet above the highest
point of the support structure, and the combination of the height of the
support structure and the antenna extension shall not exceed fifty (50) feet.
6. Color. A personal wireless telecommunication facility and related
equipment and appurtenances, shall be a color that blends with the pole,
structure or infrastructure on which it is mounted and use non-reflective
materials which blend with the materials and colors of the surrounding area
and structures. Any wiring on the pole must be covered with an appropriate
cover or cable shield.
7. Antenna Panel Covering. A personal wireless telecommunication antenna
shall include a radome, cap or other antenna panel covering or shield and
shall be of a color that blends with the color of the pole on which it is
mounted.
8. Wiring and Cabling. Wires and cables connecting the antenna to the
remainder of the facility shall be installed in accordance with the version of
the National Electric Code and National Electrical Safety Code adopted by
the City and in force at the time of the installation of the facility. In no event
shall wiring and cabling serving the facility interfere with any wiring or
cabling installed by a cable television or video service operator, electric
utility or telephone utility.
9. Grounding. The personal wireless telecommunication facility shall be
grounded in accordance with the requirements of the most current edition
of the National Electrical Code adopted by the City and in force at the time
of the installation of the facility.
10. Guy Wires. No guy or other support wires shall be used in connection with
a personal wireless telecommunication facility unless the facility is
proposed to be attached to an existing utility pole that incorporated guy
wires prior to the date that an applicant has applied for a permit.
11. Pole Extensions. Extensions to utility poles, alternative support structure or
City-owned infrastructure utilized for the purpose of connecting an antenna
and its appurtenances and cabling must have a degree of strength capable of
supporting the antenna and any related appurtenances and cabling and
capable of withstanding wind forces and ice loads in accordance with the
applicable standards set forth in the sub-section 12 below. An extension
shall be securely bound to the support pole in accordance with applicable
engineering standards for the design and attachment of extensions to utility
poles.
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12. Structural Integrity. The personal wireless telecommunication facility
including the antenna, pole extension, supporting structure or pole and all
related equipment shall be designed to withstand wind forces and ice loads
in accordance with applicable standards established in Chapter 25 of the
National Electric Safety Code for utility poles, in Section 222-G established
by the Telecommunication Industry Association (TIA) and the Electronics
Industry Association (EIA) for steel wireless support structures and the
applicable industry standard for other existing structures, all without the use
of guy wires. For any facility attached to City owned infrastructure or any
utility pole, wireless support structure or an alternative antenna structure,
the operator of the facility shall provide the City with a structural evaluation
of each specific location containing a recommendation that the proposed
installation passes the standards described above. The evaluation shall be
prepared by a professional structural engineer licensed in the State of
Illinois.
F. Signage. Other than signs required by federal law or regulations or identification
and location markings, a personal wireless telecommunication facility shall not
have signs installed thereon.
G. Permission to Use Utility Pole or Alternative Antenna Structure. The operator of a
personal wireless telecommunication facility shall submit to the City copies of the
approval from the owner of a utility pole, or an alternative antenna structure, to
mount the personal wireless telecommunication facility on that specific pole, or
structure, prior to commencement of the installation.
H. Licenses and Permits. The operator of a personal wireless telecommunication
facility must verify to the City that of all licenses and permits required by other
agencies and governments with jurisdiction over the design, construction, location
and operation of said facility have been obtained and shall be maintained.
I. Variance Requirements. Each location of a personal wireless telecommunication
facility shall meet all of the requirements of the chapter. Deviation from any one
requirement subjects that particular location to the need for a variance before the
installation can be approved. Variances to this chapter shall be made and shall meet
all of the requirements in Section 13.15.210 of this Code for facilities in the public
rights-of-way and in Chapter 19.70 of this Code for facilities on other property
within the City. The operator of a personal wireless telecommunication facility
requesting the variance shall also submit to the City evidence that the proposed
facility is necessary to close a significant gap in coverage or capacity and is the
least intrusive means of doing so. The operator shall also submit technical evidence
or demonstration of the unavailability of alternate sites, configurations and/or
coverage or capacity analysis.
J. Abandonment and Removal. Any personal wireless telecommunication facility
located within the corporate limits of the City that is not operated for a continuous
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period of twelve (12) months shall be considered abandoned and the owner of the
facility shall remove same within ninety (90) days of receipt of written notice from
the City notifying the owner of such abandonment. Such notice shall be sent by
certified or registered mail, return receipt requested, by the City to such owner at
the last known address of such owner. In the case of personal wireless
telecommunication facilities attached to City owned infrastructure, or an alternative
antenna structure, if such facility is not removed within ninety (90) days, the City
shall remove or cause the removal of such facility through the terms of the
applicable license agreement or through whatever actions provided by law to
recover the cost.
K. Governmental Wireless Telecommunication Facilities. This chapter shall not apply
to wireless telecommunication facilities owned by the City or by other
governmental bodies to the extent authorized in Title 19 of the Elgin Municipal
Code.
L. Permit Application. No person shall install or locate a personal wireless
telecommunication facility, wireless service facility or wireless facility within the
City without obtaining a wireless facility permit from the City Engineer therefor.
Applications for a wireless facility permit shall be submitted to the City Engineer.
Unless otherwise provided by franchise, license, or similar agreement, all
applications for permits pursuant to this chapter shall be accompanied by a fee in
the amount established in the most recent annual fee ordinance adopted by the City
Council. This application fee is to reimburse the City for regulatory and
administrative costs with respect to the work being performed, which costs the City
represents have been or will be incurred, and is not deemed to be compensation for
the use of the rights-of-way as herein defined in this chapter. No application fee is
required to be paid by any telecommunications retailer that is paying the municipal
telecommunications infrastructure maintenance fee pursuant to Chapter 4.38 of the
Elgin Municipal Code or the optional state telecommunications infrastructure
maintenance fee pursuant to the Telecommunications Municipal Infrastructure
Maintenance Fee Act, or by any electricity utility that is paying the municipal
electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure
Maintenance Fee Act.
M. Permit Application Review. An application for a permit to locate personal wireless
telecommunication facility, wireless services facility or wireless facility shall be
subject to review to confirm that such facilities meets the standards set forth in this
ordinance and other applicable City regulations, and otherwise complies with the
provisions of the application process for the approval of such facilities. The City
may retain an independent, qualified consultant to review any application for a
permit to install a personal wireless telecommunication facility, wireless services
facility or wireless facility or modification to such an existing facility. The review
is intended to be a review of technical aspects of the proposed facility or
modification of an existing facility and may address any or all of the following:
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1. Compliance with applicable RF emission standards and
determination based upon FCC Office of Engineering and
Technology Bulletin in 65 (FCC OET BULLETIN 65) as amended
from time to time;
2. Whether the proposed facility is necessary to close a significant gap
in coverage or capacity and is the least intrusive means of doing so;
3. The accuracy and completeness of submission;
4. Technical demonstration of the unavailability of alternate sites or
configurations and/or coverage or capacity analysis;
5. The applicability of analysis techniques and methodologies;
6. The viability of alternative sites and alternative designs; and
7. Any other specific technical issue designated by the City.
The cost of the review shall be paid by the applicant through a deposit estimated to
cover the cost of the independent review, as established by the City Engineer.
N. Indemnity. The owner shall indemnify, defend and hold the City, its officers,
agents, servants, employees, attorneys, consultants and independent contractors
(the "Indemnitees") harmless from, any and all liabilities, suits, obligations, fines,
damages, penalties, claims, costs, charges and expenses (including, without
limitation, reasonable attorneys' fees and disbursements), that may be imposed
upon or incurred by or asserted against any of the Indemnitees arising out of the
construction, otherwise arising out of or related to the personal wireless
telecommunication facility.
O. The provisions of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety, morals, and welfare.
P. The requirements of this chapter are in addition to the regulations in Chapter 13.15
and Title 19 of this code. Where the conditions imposed by any provision of this
Chapter 6.95 Personal Wireless Telecommunication Services and Facilities upon
the siting and installation of personal wireless and communication services and
facilities are either more restrictive or less restrictive than comparable conditions
imposed by Chapter 13.15 or Title 19 or any other provision of this ordinance, or
of any other law, ordinance, resolution, rule or regulation of any kind, the
regulations from Chapter 6.95 shall govern.
6.95.040: SEVERABILITY:
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463
If any provision, cause, sentence, paragraph, section or part of this chapter or application thereof
to any person or circumstance, shall or any reason to be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or 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 part thereof directly involved in 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 constitutional or
invalid provisions, clause, sentence, paragraph, section or part thereof not been included.
Section 2. That Ordinance No. G55-15 adopted on December 16, 2015, establishing
fees for various City services, permits, licenses, use of facilities and other matters, be and is hereby
further amended by amending Exhibit 1 thereto by adding to the list of engineering fees listed
therein the following additional permit fee:
"Personal Wireless Telecommunication Services and Facilities, 2016 Application
Fee $250.00 plus $250.00 for each additional location in an application."
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.
Section 4. 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 7, 2016
Passed December 7, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: December 7, 2016
Published: December 9, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 7, 2016 VOLUME LXXXI
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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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Cultural Arts Commission, October 10, 2016
Emergency Telephone System Board, October 20, 2016
Heritage Commission, Design Review, October 11, and November 8, 2016
Planning and Zoning Commission, October 3, 2016
Committee of the Whole Minutes for November 2, 2016
City Council Minutes for November 2, 2016
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Alcoholic Liquor Tax
Telecommunications Tax
Video Gaming Revenue
Disbursement Report – October
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Shaw, 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.
Appointment, Employment, Compensation, Discipline, Performance or Dismissal
of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of
the Open Meetings Act
The meeting adjourned at 9:14 p.m.
s/ Kimberly Dewis December 21, 2016
Kimberly Dewis, City Clerk Date Approved