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VOLUME LXXXI DECEMBER 21, 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, 2016, in the
Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by Reverend Leslie Milles, Unitarian Universalist Church of Elgin and the
Pledge of Allegiance was led by Councilmember Gavin.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE DECEMBER 7, 2016, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the
December 7, 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.
BID 16-045 AWARDED TO SAFETY SUPPLY ILLINOIS D/B/A EMERGENT SAFETY
SUPPLY FOR THE PURCHASE OF AN OUTDOOR EMERGENCY SHOWER
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to award the
purchase agreement of the Outdoor Emergency Shower to Safety Supply Illinois d/b/a Emergent
Safety Supply of Batavia, Illinois in the amount of $31,595 in order to improve the city staff’s
safety when working with hazardous chemicals at the Leo Nelson Riverside Water Treatment
Plant. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
DECEMBER 21, 2016 VOLUME LXXXI
466
BID 16-049 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT
CHEMICALS
Councilmember Martinez made a motion, seconded by Councilmember Steffen, to approve
contracts with Air Products and Chemicals for carbon dioxide, Alexander Chemical Corporation
for ammonium hydroxide and caustic soda, Brenntag Great Lakes for soda ash, Ingevity for
powdered activated carbon, JCI Jones for chlorine, Kemira Water Solutions for Ferric Sulfate,
Mosaic Global Sales for hydrofluosilicic acid (HFS) and USALCO for alum in the amount of
$1,192,907. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 16-053 AWARDED TO PROFESSIONAL CEMETERY SERVICES FOR
CONTRACT BURIALS
Councilmember Gavin made a motion, seconded by Councilmember Powell, to award a three
year contract to Professional Cemetery Services, in the amount of $390,000 to perform grave
preparation and burial services at Bluff City Cemetery. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
ORDINANCE T21-16 PASSED ADOPTING THE 2017 BUDGET IN LIEU OF PASSAGE
OF AN APPROPRIATION ORDINANCE
Each councilmember commented on the budget process, the city’s financial challenges, and their
support or opposition to the proposed budget. There was discussion regarding the impact of this
and future budgets on the residents and city services.
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Ordinance No. T21-16
AN ORDINANCE
ADOPTING THE 2017 BUDGET IN LIEU OF PASSAGE OF
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Elgin has provided for the preparation and
adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year
2017; and
WHEREAS, a tentative annual budget has been prepared, notice given and a tentative
annual budget made available for inspection for at least seven days; and
VOLUME LXXXI DECEMBER 21, 2016
467
WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual
budget and has heard all persons appearing and desiring to be heard concerning said annual budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the tentative annual budget heretofore prepared by the budget officer and
placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage
of an appropriation ordinance for the fiscal year 2017 and is attached hereto.
Section 2. That the budget officer is hereby authorized and directed to cause to be
prepared and published the 2017 annual budget.
Section 3. That this ordinance shall be in full force and effect from and after January 1,
2017.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 8 Nays: 1
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE T22-16 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2016, AND ENDING DECEMBER 31,
2016, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
Councilmember Shaw 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: Councilmember Prigge.
DECEMBER 21, 2016 VOLUME LXXXI
468
Ordinance No. T22-16
AN ORDINANCE
FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016
OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the
State of Illinois, did on the 21st of December, 2016 after notice of publication and public hearing
adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year
beginning January 1, 2017, the amount of which is ascertained to be the aggregate sum of
$298,043,520.
WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a
Home Rule Unit the power to “... exercise any power and perform any function pertaining to its
government and affairs including, but not limited to, the power to regulate for the protection for
the public health, safety, morals and welfare; to license; to tax; and to incur debt.”
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY
OF ELGIN, ILLINOIS:
Section 1. That there be and there is hereby levied upon all taxable property within the
corporate limits of said City of Elgin, subject to taxation for the year 2016, the total sum of
$49,785,670 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the
current fiscal year and in the specific amounts levied for the various purposes heretofore named
being included herein by being placed in a separate column under the heading “To Be Raised By
Taxation” which appears over the same, the tax so levied for the current fiscal year of said City of
Elgin for the certain appropriations specified herein to be collected from said tax levy, the total of
which has been ascertained as aforesaid and being summarized as follows:
GENERAL CORPORATE PURPOSES
In Accordance with Provisions of the 1970
Constitution of Illinois, Article 7
Amount Appropriated
Estimated
Receipts From
Other Sources
To Be
Raised By
Taxation
01 Mayor & City Council 352,850 352,850
02 City Clerk 269,020 269,020
03 Office of the City Manager 1,560,570 1,560,570
05 Legal 1,463,180 1,463,180
06 Human Resources 932,320 932,320
07 311 1,349,450 1,349,450
15 Planning & Neighborhood Services 642,310 642,310
16 Code Administration & Development
Services
3,462,590
3,462,590
17 Business Services - Economic
Development
784,780
784,780
19 Boards & Commissions 702,920 702,920
VOLUME LXXXI DECEMBER 21, 2016
469
20 Finance 2,139,070 2,139,070
21 ITS 1,369,660 1,369,660
22 Purchasing & Risk Management 355,440 355,440
23 Police Department 44,541,600 28,026,749 16,514,851
28 Fire Department 29,681,810 18,671,909 11,009,901
33 Public Works 17,762,480 17,762,480
37 Building Maintenance 3,070,960 3,070,960
69 Non-Departmental 7,592,460 7,592,460
TOTAL – GENERAL
CORPORATE PURPOSES
$118,033,470
$90,508,718
27,524,752
Add: 1% for Loss of Collection 275,248
TOTAL AMOUNT TO BE RAISED BY
TAXATION - GENERAL CORPORATE
PURPOSE
$27,800,000
SPECIAL CORPORATE PURPOSES
220 Emergency Telephone System (E911) 2,659,320 2,659,320
230 Community Dev. Grant 1,332,720 1,332,720
250 Drug Asset Forfeiture Fund 406,500 406,500
262 Central Area Tax Allocation Fund 4,481,660 4,481,660
263 U.S. Rte. 20 Tax Allocation Fund 730,840 730,840
264 Bluff City Tax Allocation Fund 277,560 277,560
275 Elgin Riverboat Fund 28,157,090 28,157,090
276 Elgin Riverboat Lease 3,313,920 3,313,920
290 Motor Fuel Tax Fund 3,721,610 3,721,610
294 Cemetery Operating 526,710 526,710
296 Elgin Recreation 9,053,360 9,053,360
301 Corporate Bond Fund 5,661,600 2,651,461 $3,010,139
Add: 1% for Loss of Collection 30,101
TOTAL AMOUNT TO BE RAISED BY
TAXATION – CORPORATE BOND FUND
$3,040,240
280 Social Security 2,315,149 0 2,315,149
Add: 1% for Loss of Collection 23,151
TOTAL AMOUNT TO BE RAISED BY
TAXATION –SOCIAL SECURITY
$2,338,300
280 Illinois Municipal Retirement Fund 6,865,031 4,738,001 2,127,030
Add: 1% for Loss of Collection 21,270
TOTAL AMOUNT TO BE RAISED BY
TAXATION – IMRF
$2,148,300
Capital Improvement Funds
313 2013 GO Bond Project Fund 374,790 374,790
316 2016 GO Bond Project Fund 3,133,620 3,133,620
340 Park Development Fund 839,210 839,210
378 Tyler Creek 688,270 688,270
385 Capital Improvement Fund 5,102,430 5,102,430
Enterprise Funds
DECEMBER 21, 2016 VOLUME LXXXI
470
401 Utility Operating Fund 31,683,760 31,683,760
420 Water Development Fund 3,033,230 3,033,230
440 Sewer Development Fund 11,557,150 11,557,150
540 Golf Operating Fund 3,340,160 3,340,160
Internal Service Funds
601 Equipment Replacement 4,976,140 4,976,140
630 Risk Management Fund 10,829,510 10,829,510
635 Medical Insurance 17,854,130 17,854,130
Trust and Agency Funds
520 Cemetery Perpetual Care Fund 38,520 38,520
636 Retiree Medical Insurance 1,913,900 1,913,900
701 Police Pension Fund 8,456,930 $8,456,930
Add: 1% for Loss of Collections 84,570
TOTAL AMOUNT TO BE RAISED BY
TAXATION - POLICE PENSION
$8,541,500
711 Fire Pension Fund 6,685,230 826,488 $5,858,742
Add: 1% for Loss of Collections 58,588
TOTAL AMOUNT TO BE RAISED BY
TAXATION - FIRE PENSION
$5,917,330
TOTAL SPECIAL CORPORATE PURPOSES
$180,010,050
$158,242,060
$21,767,990
Add: 1% for Loss of Collections 217,680
TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL
CORPORATE PURPOSES
$21,985,670
GRAND TOTAL – APPROPRIATION ALL
PURPOSES
$298,043,520
TOTAL RECEIPTS FROM SOURCES OTHER
THAN TAXATION
$248,750,778
TOTAL TO BE RAISED BY TAXATION
$49,292,742
Add: 1% for Loss of Collections 492,928
TOTAL AMOUNT TO BE RAISED BY
TAXATION
$49,785,670
The total amount of $49,785,670 levied by this ordinance for all funds.
Section 2. This ordinance shall be in full force and effect from and after its passage and
publication in the manner provided by law.
VOLUME LXXXI DECEMBER 21, 2016
471
Section 3. That the City Clerk be and is hereby directed to file with the County Clerk of
Kane County and the County Clerk of Cook County a certified copy of this ordinance.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 8 Nays: 1
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE T23-16 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR
THE FISCAL YEAR ENDING DECEMBER 31, 2016, IN AND FOR THE CITY OF
ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Ordinance No. T23-16
AN ORDINANCE
FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2016 IN AND FOR THE CITY OF
ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. Findings: That the City of Elgin Special Service Area Number Nineteen has
been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number
Nineteen in the City of Elgin” passed and effective on October 8, 2008; that the corporate
authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service
Area Number Nineteen are authorized to levy taxes for special services in said special service area.
Section 2. That there be and there is hereby levied upon all taxable property within the
City of Elgin Special Service Area Number Nineteen, subject to taxation for the year 2016, the
sum total of $56,600 for the following purposes.
DECEMBER 21, 2016 VOLUME LXXXI
472
Estimated
Receipts
From Sources To Be
2017 Other Than Raised By
Appropriation Taxation Taxation
Debt Services – for payment of $56,600 $566 $56,034
principal and interest
Total appropriation $56,600
Total revenues from sources
other than Taxation $0
Amount to be raised by taxation $56,034
Add: 1% for loss of collection 566
Total amount to be raised by taxation for
Special Service Area Number Nineteen purposes $56,600
Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A
and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as
amended, and to an ordinance establishing City of Elgin Special Service Area Number Nineteen.
Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the
sum aforesaid, which total amount City of Elgin Special Service Area Number Nineteen requires
to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby
ordered and directed to file with the County Clerk of the County of Kane on or before the time
required by the law a certified copy of this ordinance.
Section 5. That this ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 8 Nays: 1
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI DECEMBER 21, 2016
473
ORDINANCE G48-16 PASSED ESTABLISHING FEES FOR VARIOUS CITY
SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS
Councilmember Shaw 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: Councilmember Prigge.
Ordinance No. G48-16
AN ORDINANCE
ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES,
USE OF FACILITIES AND OTHER MATTERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the fees, charges and rates for 2017 as set forth in the User Fees Exhibit
from the adopted 2017 Budget attached hereto as Exhibit 1, be and the same are hereby established
for the various city services, permits, licenses, use of facilities and other matters as set forth in
such attached User Fees Exhibit.
Section 2. If any provision, clause, sentence, paragraph, section or part of this
ordinance including the user fees exhibit attached hereto, or the application thereof to any person
or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be
unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of
this ordinance 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 circumstance involved. It is hereby declared to be the legislative intent of the city council
that this ordinance would have been adopted had such unconstitutional or invalid provision, clause,
sentence, paragraph, section or part thereof had not been included.
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 from and after January 1,
2017.
s/ David J. Kaptain
David J. Kaptain, Mayor
DECEMBER 21, 2016 VOLUME LXXXI
474
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 8 Nays: 1
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
PETITION 29-16 APPROVED REQUESTING A CONDITIONAL USE IN THE CI
COMMERCIAL INDUSTRIAL DISTRICT TO ESTABLISH AN AMUSEMENT AND
RECREATIONAL SERVICE CENTER ON THE PROPERTY LOCATED AT 1019
EAST CHICAGO STREET, BY DAVID P. FRAYER AND KENDAL L. FRAYER
REVOCABLE TRUST DATED AUG. 9, 2012, AS APPLICANT, AND ADVOCATE
SHERMAN HOSPITAL, AS PROPERTY OWNER
Marc Mylott, Community Development Director, provided an overview of Petition 29-16 which
would permit the establishment of an amusement and recreational center at this location. Staff
and the Planning and Zoning Commission approved the petition subject to the conditions
outlined in the memo.
There was discussion regarding the types of activities, if they intended to apply for a liquor
license, and the number of employees at the location.
Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve
Petition 29-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
ORDINANCE G52-16 PASSED GRANTING A CONDITIONAL USE FOR A
MEMBERSHIP ORGANIZATION IN THE CC1 CENTER CITY DISTRICT (72 SOUTH
GROVE AVENUE)
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Shaw abstained.
VOLUME LXXXI DECEMBER 21, 2016
475
Ordinance No. G52-16
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A MEMBERSHIP
ORGANIZATION IN THE CC1 CENTER CITY DISTRICT
(72 South Grove Avenue)
WHEREAS, written application has been made for a conditional use at 72 South Grove
Avenue; and
WHEREAS, the zoning lot with the building containing the premises at 72 South Grove
Avenue also includes those premises commonly referred to as 68-74 South Grove Avenue and 73
Riverside Drive, which lot is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the CC1 Center City District, and a
membership organization is a listed conditional use within the CC1 Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on November 7, 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, zoning, including, but not limited to, this ordinance granting a conditional use
in the CC1 Center City 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:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated November 7, 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 membership organization is hereby granted for
the property commonly known as 72 South Grove Avenue, contained within the zoning lot
commonly referred to as 68-74 South Grove Avenue and 73 Riverside Drive, more specifically
DECEMBER 21, 2016 VOLUME LXXXI
476
identified by Kane County Property Identification Numbers (PIN) 06-14-433-027, 06-14-433-028,
and 06-14-433-029, and legally described as follows:
Lot 11 and the north 4 feet of Lot 12 (except that part included in Riverside
Avenue), in Block 21 of the original Town of Elgin, on the east side of the Fox
River, in the City of Elgin, Kane County, Illinois.
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application, submitted by Got Robot?,
as applicant, and Ben Glunz of Angulers Holdings LLC, as property owner, received
September 28, 2016 and the supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance prepared by
Got Robot?;
b. Undated two-page floor plans titled “got robot? – Conditional Use – Floor
Plan”; and
c. Undated one-page building plan titled “got robot: - Conditional Use – Plat of
Survey”.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 8 Nays: 0 Abstain: 1
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI DECEMBER 21, 2016
477
RESOLUTION 16-156 ADOPTED AUTHORIZING EXECUTION OF A COMMERCIAL
PROPERTY LEASE AGREEMENT WITH 164 DIVISION, LLC FOR THE ELGIN ART
SHOWCASE (164 DIVISION STREET)
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
Resolution No. 16-156
RESOLUTION
AUTHORIZING EXECUTION OF A COMMERCIAL PROPERTY LEASE AGREEMENT
WITH 164 DIVISION, LLC FOR THE ELGIN ART SHOWCASE
(164 Division 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 respectively
authorized and directed to execute a Commercial Property Lease Agreement with 164 Division,
LLC for the Elgin Art Showcase for the premises commonly known as 164 Division Street, Suite
801-803, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Vote: Yeas: 8 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-158 ADOPTED APPOINTING MEMBERS TO THE HOME
COMMISSION
Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Shaw, and Mayor Kaptain. Nays: None. Councilmembers Rauschenberger and
Steffen abstained.
DECEMBER 21, 2016 VOLUME LXXXI
478
Resolution No. 16-158
RESOLUTION
APPOINTING MEMBERS TO THE HOME COMMISSION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Carol Rauschenberger, Jennifer Fukala and Marc Mylott are hereby appointed as members of
the HOME Commission for a term to expire December 31,
2019.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that John Steffen and David Segel are hereby reappointed as members of the HOME
Commission for a term to expire December 31, 2019.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Vote: Yeas: 7 Nays: 0 Abstain: 2
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-157 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC
DEVELOPMENT SERVICES AGREEMENT WITH ELGIN AREA CHAMBER OF
COMMERCE
Councilmember Gavin made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Resolution No. 16-157
RESOLUTION
AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH ELGIN AREA CHAMBER OF COMMERCE
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 an Economic Development Services Agreement on behalf of
the City of Elgin with Elgin Area Chamber of Commerce for economic development services
VOLUME LXXXI DECEMBER 21, 2016
479
including small businesses assistance, business retention outreach, foreign trade initiatives and
other similar programs, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Vote: Yeas: 8 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G53-16 PASSED AUTHORIZING EXECUTION OF A CONTRACT FOR
PURCHASE AND SALE WITH ST. JOSEPH CHURCH FOR THE SALE OF 115-121
CENTER STREET
There was discussion regarding publicizing the sale of this property, the property appraisal
process, discussions for the sale of the property and the next steps in the real estate process.
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Councilmember Martinez abstained.
Ordinance No. G53-16 AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT FOR PURCHASE AND SALE WITH ST. JOSEPH CHURCH FOR THE SALE OF 115-121 CENTER STREET
BE IT ORDAINED 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 Contract for Purchase and Sale on behalf of the City of Elgin with St.
Joseph Church regarding the City's sale and conveyance of the property commonly known as 115-
121 Center Street for $95,000, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
DECEMBER 21, 2016 VOLUME LXXXI
480
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 7 Nays: 1 Abstain: 1
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-155 ADOPTED AUTHORIZING EXECUTION OF ADDENDUM NO.
1 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN
AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL
DIVISION ELGIN PUBLIC WORKS CHAPTER
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Martinez abstained.
Resolution No. 16-155
RESOLUTION
AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION
ELGIN PUBLIC WORKS CHAPTER
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 on behalf of the City of Elgin addendum no. 1 to collective
bargaining agreement between the City of Elgin and Service Employees International Union Local
73 Municipal Division Elgin Public Works Chapter, a copy of which is attached hereto and made
a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXI DECEMBER 21, 2016
481
Presented: December 21, 2016
Adopted: December 21, 2016
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G50-16 PASSED ESTABLISHING A PAY PLAN FOR THE PUBLIC
SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN
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: None. Councilmember
Martinez abstained.
Ordinance No. G50-16
AN ORDINANCE
ESTABLISHING A PAY PLAN FOR THE
PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN
WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved a
negotiated settlement reached by the City of Elgin and the Service Employees International Union
Local 73 Municipal Division, Elgin Public Works Chapter, also commonly known as the Public
Services Employee Group; and
WHEREAS, such negotiated settlement includes wages for 2017 and it is therefore
necessary to implement a new salary plan for such Public Services Employee Group.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That effective January 1, 2017, there is hereby established the following
schedule of standard hourly, annual and monthly salary ranges for the Public Services Employee
Group.
Pay Step Step Step Step Step Step Step
Position Title Grade 1 2 3 4 5 6 7
WATER RELIEF OPERATOR II 634 $28.6115 $30.6552 $32.6990 $34.7426 $36.7864 $38.8300 $40.8738
$59,512 $63,763 $68,014 $72,265 $76,516 $80,766 $85,017
$4,959 $5,314 $5,668 $6,022 $6,376 $6,731 $7,085
DECEMBER 21, 2016 VOLUME LXXXI
482
ENGINEERING INSPECTOR 633 $27.2490 $29.1955 $31.1418 $33.0882 $35.0347 $36.9809 $38.9273
INSTRUMENTATION SERVICE WORKER $56,678 $60,727 $64,775 $68,824 $72,872 $76,920 $80,969
WATER TREATMENT OPERATOR II $4,723 $5,061 $5,398 $5,735 $6,073 $6,410 $6,747
FLEET SERVICES LEAD MECHANIC
AUTOMOTIVE MECHANIC 631 $26.2071 $28.0791 $29.9511 $31.8230 $33.6950 $35.5668 $37.4389
CREW LEADER - SEWER $54,511 $58,405 $62,298 $66,192 $70,086 $73,979 $77,873
CREW LEADER - STREETS $4,543 $4,867 $5,192 $5,516 $5,840 $6,165 $6,489
CREW LEADER - TRAFFIC CONTROL
CREW LEADER-WATER DISTRIBUTION
ELECTRICAL WORKER - WATER
ELECTRICAL WORKER II -PUBLIC WORKS
LAND MGT CREW LEADER
LEAD METER SHOP WORKER
WATER RELIEF OPERATOR I 629 $24.7245 $26.4903 $28.2567 $30.0225 $31.7886 $33.5547 $35.3205
$51,427 $55,100 $58,774 $62,447 $66,120 $69,794 $73,467
$4,286 $4,592 $4,898 $5,204 $5,510 $5,816 $6,122
ARBORIST 628 $24.5495 $26.3032 $28.0567 $29.8102 $31.5637 $33.3171 $35.0707
CEMENT WORKER $51,063 $54,711 $58,358 $62,005 $65,652 $69,300 $72,947
UTILITY MAINTENANCE MECHANIC $4,255 $4,559 $4,863 $5,167 $5,471 $5,775 $6,079
EQUIPMENT OPERATOR - SEWERS 626 $23.5471 $25.2289 $26.9111 $28.5927 $30.2749 $31.9568 $33.6385
EQUIPMENT OPERATOR - STREETS $48,978 $52,476 $55,975 $59,473 $62,972 $66,470 $69,968
EQUIPMENT OPERATOR - WATER DIST $4,082 $4,373 $4,665 $4,956 $5,248 $5,539 $5,831
WATER TREATMENT OPERATOR I
ELECTRICAL WORKER I 624 $22.5919 $24.2053 $25.8192 $27.4330 $29.0465 $30.6604 $32.2740
GOLF COURSE MECHANIC $46,991 $50,347 $53,704 $57,061 $60,417 $63,774 $67,130
GREENS WORKER $3,916 $4,196 $4,475 $4,755 $5,035 $5,314 $5,594
LAND MGT MAINTENANCE TECHNICIAN
LAND MGT SAFETY INSPECTOR
SIGNS LEAD WORKER
SPORTS COMPLEX LEAD WORKER
SPORTS COMPLEX COORDINATOR
UTILITY MAINTENANCE TECHNICIAN
WATER DISTRIBUTION INSPECTOR
WATER SERVICE PERSON
LAND MGT GROUNDS WORKER 623 $22.1814 $23.7658 $25.3501 $26.9345 $28.5189 $30.1034 $31.6877
UTILITY WORKER - SEWERS $46,137 $49,433 $52,728 $56,024 $59,319 $62,615 $65,910
UTILITY WORKER - STREETS $3,845 $4,119 $4,394 $4,669 $4,943 $5,218 $5,493
UTILITY WORKER - TRAFFIC
VOLUME LXXXI DECEMBER 21, 2016
483
UTILITY WORKER - WATER DIST.
WATER METER SERVICER
WATER TREATMENT LABORER
WATER METER MAINTENANCE PERSON 620 $20.8946 $22.3872 $23.8796 $25.3720 $26.8646 $28.3569 $29.8495
WATER LABORATORY ASSISTANT $43,461 $46,565 $49,670 $52,774 $55,878 $58,982 $62,087
SERVICE MAINT. LABORER - WATER $3,622 $3,880 $4,139 $4,398 $4,657 $4,915 $5,174
LAND MGT GROUNDS LABORER 613 $18.0531 $19.3424 $20.6320 $21.9215 $23.2110 $24.5003 $25.7899
$37,551 $40,232 $42,915 $45,597 $48,279 $50,961 $53,643
$3,129 $3,353 $3,576 $3,800 $4,023 $4,247 $4,470
Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby
repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect from and after January
1, 2017, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 8 Nays: 0 Abstain: 1
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G51-16 PASSED ESTABLISHING A PAY AND BENEFIT PLAN FOR
CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN
Councilmember Steffen 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.
DECEMBER 21, 2016 VOLUME LXXXI
484
Ordinance No. G51-16
AN ORDINANCE
ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS
AND EMPLOYEES OF THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That effective January 1, 2017, there is hereby established the following
offices and positions and schedule of standard monthly and annual salary ranges for the City's
Non-Bargaining Unit Member Group:
Benefit Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Title Group Grade
CORPORATION COUNSEL/
CHIEF DEVELOPMENT
OFFICER
A 828 $150,219 $157,731 $165,617 $173,899 $182,594 $191,722 $201,309
$12,518 $13,144 $13,801 $14,492 $15,216 $15,977 $16,776
(NO POSITIONS IN GRADE) A 827 $143,066 $150,219 $157,731 $165,617 $173,899 $182,594 $191,722
$11,922 $12,518 $13,144 $13,801 $14,492 $15,216 $15,977
(NO POSITIONS IN GRADE) A 826 $136,254 $143,066 $150,219 $157,731 $165,617 $173,899 $182,594
$11,354 $11,922 $12,518 $13,144 $13,801 $14,492 $15,216
FIRE CHIEF A 825 $129,766 $136,254 $143,066 $150,219 $157,731 $165,617 $173,899
POLICE CHIEF A $10,814 $11,354 $11,922 $12,518 $13,144 $13,801 $14,492
(NO POSITIONS IN GRADE) A 824 $123,586 $129,766 $136,254 $143,066 $150,219 $157,731 $165,617
$10,299 $10,814 $11,354 $11,922 $12,518 $13,144 $13,801
CHIEF FINANCIAL
OFFICER/BUDGET DIR.
A 823 $117,701 $123,586 $129,766 $136,254 $143,066 $150,219 $157,731
PUBLIC SERVICES
DIRECTOR
A $9,808 $10,299 $10,814 $11,354 $11,922 $12,518 $13,144
ASSISTANT CITY
MANAGER
A 822 $112,095 $117,701 $123,586 $129,766 $136,254 $143,066 $150,219
CHIEF TECHNOLOGY
OFFICER
A $9,341 $9,808 $10,299 $10,814 $11,354 $11,922 $12,518
COMMUNITY DEV.
DIRECTOR
A
HUMAN RESOURCES
DIRECTOR
A
VOLUME LXXXI DECEMBER 21, 2016
485
ASSISTANT FIRE CHIEF A 821 $106,758 $112,095 $117,701 $123,586 $129,766 $136,254 $143,066
COMMUNICATIONS
DIRECTOR
A $8,896 $9,341 $9,808 $10,299 $10,814 $11,354 $11,922
PARKS AND RECREATION
DIRECTOR
A
POLICE DEPUTY CHIEF A
311 CITIZEN SERVICES
DIRECTOR
A 820 $101,674 $106,758 $112,095 $117,701 $123,586 $129,766 $136,254
BATTALION CHIEF (FIRE) A $8,473 $8,896 $9,341 $9,808 $10,299 $10,814 $11,354
POLICE COMMANDER A
ASSISTANT CORP
COUNSEL II
B 819 $96,833 $101,674 $106,758 $112,095 $117,701 $123,586 $129,766
CITY ENGINEER A $8,069 $8,473 $8,896 $9,341 $9,808 $10,299 $10,814
ECONOMIC
DEVELOPMENT DIRECTOR
A ,
RECREATION &
FACILITIES SUPT.
B
WATER DIRECTOR A
FIRE MARSHAL A 818 $92,221 $96,833 $101,674 $106,758 $112,095 $117,701 $123,586
POLICE LIEUTENANT B $7,685 $8,069 $8,473 $8,896 $9,341 $9,808 $10,299
BUILDING MAINTENANCE
SUPT.
B 817 $87,830 $92,221 $96,833 $101,674 $106758 $112,095 $117,701
PURCHASING OFFICER B $7,319 $7,685 $8,069 $8,473 $8,896 $9,341 $9,808
PROFESSIONAL
STANDARDS OFFICER
B
PUBLIC WORKS
SUPERINTENDENT
B
SENIOR ENGINEER -
DEVELOPMENT
B
SENIOR PLANNER B
ASSISTANT CORP
COUNSEL I
B 816 $83,648 $87,830 $92,221 $96,833 $101,674 $106,758 $112,095
ENGINEER II B $6,971 $7,319 $7,685 $8,069 $8,473 $8,896 $9,341
GOLF OPERATIONS
DIRECTOR
B
POLICE SERGEANT B
BUILDING &
DEVELOPMENT MANAGER
B 815 $79,665 $83,648 $87,830 $92,221 $96,833 $101,674 $106,758
CITIZEN SERVICES
SUPERVISOR
B $6,639 $6,971 $7,319 $7,685 $8,069 $8,473 $8,896
CITY CLERK B
CODE ENFORCEMENT
MANAGER
B
CULTURAL CENTER
DIRECTOR
B
FINANCE MANAGER B
DECEMBER 21, 2016 VOLUME LXXXI
486
CENTRE ASSOCIATE
MANAGER –
C 814 $75,870 $79,665 $83,648 $87,830 $92,221 $96,833 $101,674
CUSTOMER SERVICE $6,322 $6,639 $6,971 $7,319 $7,685 $8,069 $8,473
CENTRE ASSOCIATE
MANAGER-OPERATIONS
C
DEPUTY DIRECTOR OF
EMERGENCY COMMUNICATIONS C
ENGINEER I C
ITS NETWORK MANAGER C
ITS SENIOR DATABASE
ANALYST
C
ITS SYSTEM SUPPORT
MANAGER
C
PUBLIC WORKS
SUPERVISOR
C
SENIOR ACCOUNTANT C
SENIOR HUMAN
RESOURCES ADVISOR
C
SENIOR MANAGEMENT
ANALYST
C
SR. PUBLIC SAFETY
SYSTEMS SPEC.
C
FIRE CODE OFFICIAL B 813 $72,258 $75,870 $79,665 $83,648 $87,830 $92,221 $96,833
GOLF COURSE
SUPERINTENDENT
B $6,021 $6,322 $6,639 $6,971 $7,319 $7,685 $8,069
311 CITIZEN SERVICES
COORDINATOR
C 812 $68,817 $72,257 $75,870 $79,665 $83,648 $87,830 $92,222
GIS PLANNER C $5,735 $6,021 $6,322 $6,639 $6,971 $7,319 $7,685
ITS SPECIALIST
APPLICATION DEVELOPER
C
PUBLIC SAFETY SYSTEM
SPECIALIST
C
ASSOCIATE PLANNER C 811 $65,540 $68,818 $72,258 $75,870 $79,665 $83,648 $87,830
HISTORIC PRESERVATION
PLANNER
C $5,462 $5,735 $6,021 $6,322 $6,639 $6,971 $7,319
PLAN EXAMINER C
PUBLIC HEALTH
COORDINATOR
C
PUBLIC SAFETY
COMMUNICATIONS SHIFT
SUPERVISOR
C
VICTIM ASSISTANCE
COORDINATOR
C
ACCOUNTANT C 810 $62,418 $65,540 $68,817 $72,258 $75,870 $79,665 $83,648
ASST. GOLF OPERATIONS
DIRECTOR
C $5,202 $5,462 $5,735 $6,021 $6,322 $6,639 $6,971
CHEMIST C
EXECUTIVE ASSISTANT* C
VOLUME LXXXI DECEMBER 21, 2016
487
LEGAL
SECRETARY/PARALEGAL*
C
RISK MANAGEMENT
ASSISTANT
C
SENIOR RECREATION
SUPERVISOR –AQUATIC
PROGRAMS
C
SENIOR RECREATION
SUPERVISOR-ERC
PROGRAMS
C
SENIOR RECREATION
SUPERVISOR –
COMMUNITY PROGRAMS
C
SENIOR RECREATION
SUPERVISOR-HEALTH &
FITNESS PROGRAMS
C
SPECIAL EVENTS &
COMMUNITY ENGAGEMNT
COORDINATOR
C
ERC PROGRAM
SUPERVISOR
C 809 $59,447 $62,418 $65,540 $68,817 $72,258 $75,870 $79,665
$4,954 $5,202 $5,462 $5,735 $6,021 $6,322 $6,639
HEMMENS ASST.
TECHNICAL SUPV.
C 808 $56,616 $59,447 $62,418 $65,540 $68,817 $72,258 $75,870
HUMAN RESOURCES
ADVISOR
C $4,718 $4,954 $5,202 $5,462 $5,735 $6,021 $6,322
MANAGEMENT ANALYST C
RECREATION
MEMBERSHIP COORD.
C
RECREATION SOFTWARE
SPECIALIST
C
ACCOUNTING
TECHNICIAN
C 807 $53,919 $56,616 $59,447 $62,418 $65,540 $68,817 $72,258
ITS -USER SUPPORT C $4,493 $4,718 $4,954 $5,202 $5,462 $5,735 $6,021
PUBLIC SAFETY
PROPERTY/EVIDENCE
TECHNICIAN
C
GIS ANALYST C
GRADUATE INTERN (ONE
STEP)
C 806 $51,352 $53,919 $56,616 $59,447 $62,418 $65,540 $68,817
ADMINISTRATIVE
ASSISTANT II*
C $4,279 $4,493 $4,718 $4,954 $5,202 $5,462 $5,735
DEPUTY CITY CLERK* C
LEGAL SECRETARY* C
FLEET SERVICE
ASSISTANT
C 805 $48,909 $51,352 $53,919 $56,616 $59,447 $62,418 $65,540
$4,076 $4,279 $4,493 $4,718 $4,954 $5,202 $5,462
DECEMBER 21, 2016 VOLUME LXXXI
488
ADMINISTRATIVE
ASSISTANT I*
C 804 $46,579 $48,909 $51,352 $53,919 $56,616 $59,447 $62,418
COMMUNITY OUTREACH
SPECIALIST
C $3,882 $4,076 $4,279 $4,493 $4,718 $4,954 $5,202
COMMUNITY RESTITUTION
WORK COORDINATOR
C 803 $44,359 $46,579 $48,909 $51,352 $53,919 $56,616 $59,447
ERC OFFICE MANAGER C $3,697 $3,882 $4,076 $4,279 $4,493 $4,718 $4,954
(NO POSITIONS IN GRADE) C 802 $42,247 $44,359 $46,579 $48,909 $51,352 $53,919 $56,616
$3,521 $3,697 $3,882 $4,076 $4,279 $4,493 $4,718
(NO POSITIONS IN GRADE) C 801 $40,235 $42,247 $44,359 $46,579 $48,909 $51,352 $53,919
$3,353 $3,521 $3,697 $3,882 $4,076 $4,279 $4,493
*(Confidential position)
Section 2. That the following benefit program is hereby established:
Group A
1) Vacation - 1 to 9 years of service - 3 weeks
10 years to 21 years of service - 4 weeks
22 or more years of service - 5 weeks
The city manager in the city manager’s discretion may also consider and include up to nine
(9) years of non-City of Elgin prior professional or supervisory service of an employee in the same
or similar field in determining years of service of an employee for the purpose of vacation at initial
hire. If an employee is granted vacation accrual in a higher range than one (1) to nine (9) years of
service, he or she shall not advance to the next range until he or she has attained the required
number of years of service with the city for such range.
The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09,
as amended.
2) Sick Leave For employees hired prior to March 1, 2010, sixty (60) days (in 12-
hour increments for Fire shift personnel) placed on account when commencing employment, plus
annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010,
thirty (30) days (in 12-hour increments for Fire shift personnel) placed on account when
commencing employment, plus annual accrual of .5 days (4 hours) per month.
3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual
base salary.
4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve,
VOLUME LXXXI DECEMBER 21, 2016
489
Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours
actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for
each holiday which falls on a scheduled day off as well as for each of any undesignated holidays
shall also be received by fire shift personnel.
5) Uniform Allowances - $50 uniform allowance differential for Police management
personnel above the authorized annual employee allowances for the Police employee group, in
addition to providing replacement for uniforms damaged while on duty.
6) Fire Battalion Chiefs - Fire Battalion Chiefs shall be paid at their current hourly
rate of pay at straight time for hours worked filling a vacant shift position on a scheduled day off
which otherwise would have been filled by overtime. This provision shall relate only to shift
positions only and not any other duties.
7) Personal Days - Three (3) personal days shall be provided per year, but not
including Fire shift personnel. Employees commencing employment between January 1 and June
30 in a year shall receive all three (3) personal days for such year. Employees commencing
employment between July 1 and December 31 in a year shall receive one (1) personal day for such
year.
Group B
1) Vacation - 1 to 5 years of service - 2 weeks
6 to 10 years of service - 3 weeks
11 to 21 years of service - 4 weeks
22 or more years of service - 5 weeks
The city manager, in the city manager’s discretion, may also include up to five (5) years of
non-City of Elgin prior professional or supervisory service of an employee in the same or similar
field in determining years of service of an employee for the purpose of vacation at initial hire. If
an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service,
he or she shall not advance to the next range until he or she has attained the required number of
years of service with the city for such range.
The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09,
as amended.
2) Sick Leave - For employees hired prior to March 1, 2010, thirty (30) days placed
on account upon commencement of employment plus annual accrual of one day (8 hours) per
month. For employees hired on or after March 1, 2010, twenty (20) days placed on account when
commencing employment, plus annual accrual of .5 days (4 hours) per month.
DECEMBER 21, 2016 VOLUME LXXXI
490
3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual
base salary.
4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve,
Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours
holiday pay at their straight-time hourly rate whether the holiday is worked or not.
5) Uniform Allowances - $50 uniform allowance differential for Police management
personnel above the authorized annual employee allowances for the Police employee group, in
addition to providing replacement for uniforms damaged while on duty.
6) Police management personnel shall receive compensation for court appearance on
days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a
minimum of two hours pay. Total compensation for standby for court duty on day off is $40.
Police Lieutenants and Police Sergeants shall be paid at a rate equivalent to 150% of their current
hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants and Police
Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift
hours with a maximum accrual of 80 hours.
7) Personal Days - Three (3) personal days shall be provided per year, but not
including Fire shift personnel. Employees commencing employment between January 1 and June
30 in a year shall receive all three (3) personal days for such year. Employees commencing
employment between July 1 and December 31 in a year shall receive one (1) personal day for such
year.
Group C
1) Vacation - 1 to 5 years of service - 2 weeks
6 to 11 years of service - 3 weeks
12 to 21 years of service - 4 weeks
22 or more years of service - 5 weeks
The city manager, in the city manager’s discretion, may also include up to five (5) years of
non-City of Elgin prior professional or supervisory service of an employee in the same or similar
field in determining years of service of an employee for the purpose of vacation at initial hire. If
an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service,
he or she shall not advance to the next range until he or she has attained the required number of
years of service with the city for such range.
The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09,
as amended.
VOLUME LXXXI DECEMBER 21, 2016
491
2) Sick Leave - For employees hired prior to March 1, 2010, fifteen (15) days placed
on account upon commencement of employment plus annual accrual of one day (8 hours) per
month. For employees hired on or after March 1, 2010, fifteen (15) days placed on account when
commencing employment, plus annual accrual of .5 days (4 hours) per month.
3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual
base salary.
4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve,
Christmas Day, and New Year's Eve.
5) Personal Days - Three (3) personal days shall be provided per year. Employees
commencing employment between January 1 and June 30 in a year shall receive all three (3)
personal days for such year. Employees commencing employment between July 1 and December
31 in a year shall receive one (1) personal day for such year.
Police Management Sick Leave Bonus. All police management employees on the active payroll
as of the beginning of a payroll year, shall have established a $240 sick leave occurrence bank.
For each 8 hours of sick leave used during a payroll year, $40.00 shall be deducted from the
employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll
year shall receive a voucher payment equal to the balance remaining in their individual sick leave
bonus bank.
Police Management Voluntary Fitness Program. Police management personnel shall be
eligible to participate in the police department's voluntary physical fitness program under the same
terms and conditions provided for other police department employees.
Medical Insurance for Groups A, B, and C - Comprehensive major medical insurance program
for employee and dependents with employee option to continue coverage upon separation from
employment according to one of the available coverage options. Effective March 1, 2010, for
employees hired prior to March 1, 2010, the City will pay 85% of the specified premium for the
coverage selected (i.e., single, single plus one, or family) and the employee will pay via payroll
deduction the remaining 15% of the specified premium. Effective March 1, 2010, for employees
hired on or after March 1, 2010, the City will pay 80% of the specified premium for the coverage
selected (i.e., single, single plus one, or family) and the employee will pay via payroll deduction
the remaining 20% of the specified premium. Notwithstanding anything to the contrary in
Ordinance G70-02, as amended, employees hired on or after March 1, 2010, shall not be eligible
to continue to participate in the City’s group health insurance plan pursuant to Ordinance No. G70-
02, as amended. Employees who have alternative health insurance coverage may elect to
discontinue to participate in the City’s health insurance plan pursuant to the City’s health insurance
opt out program adopted pursuant to Resolution No. 05-38, as amended by Resolution No. 09-24.
The opt out benefit to such employees shall be in the annual amount of $3,000 prorated based upon
employment with the city during the applicable plan year and shall be paid at the employee’s
option either to a Health Reimbursement Account or in the form of additional compensation to the
DECEMBER 21, 2016 VOLUME LXXXI
492
employee to be paid in a lump sum, less appropriate deductions, on December 1 in the applicable
plan year.
Vacation and Sick Leave Buy Back for Groups A, B, and C - Effective January 1, 2010, an
employee determined by the City Manager in the City Manager’s sole and exclusive discretion to
be outstanding and deserving of a performance reward may sell back to the City at the employee’s
then current salary rate up to five (5) accrued and unused vacation days each calendar year and up
to five (5) accrued and unused sick days each calendar year. The determination by the City
Manager as to whether any employee qualifies for such vacation and/or sick leave buy back and
the amount thereof shall be in the sole and exclusive discretion of the City Manager and shall not
be subject to any review, appeal, grievance and/or arbitration procedures.
401 (a) Plan for Groups A, B, and C - Effective March 14, 2010, the City’s deferred
compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract
(Management Group) employees, whereby the City contributed 4% against a 2% or higher
(maximum 10%) matching contribution by the employee into the program, shall be terminated.
Longevity Pay for Groups A, B, and C - Effective March 14, 2010, employees hired prior to
January 1, 2010, shall receive as additional earnings annual longevity pay in the amount of an
additional 4% of the employee’s annual salary. Longevity pay shall be paid to employees in
installments with each payroll. Employees hired on or after March 1, 2010, shall not be eligible
for or receive longevity pay.
Sick Leave Conversion For Vacation Leave – Accrued sick leave over 480 hours (60 days) (or
over 720 hours (60-12 hour days) for fire shift employees) may be converted at the rate of three
(3) days of sick leave for one (1) day of vacation leave. Such conversion is limited to a maximum
of five (5) days of vacation leave (or 12-12 hour periods for fire shift employees) in any one
calendar year. The minimum balance of sick leave after such conversion shall not be less than 60
days.
Sick Leave Conversion for Severance Pay – Upon retirement or leaving city employment in
good standing, employees may be eligible to convert accrued sick leave for severance pay. An
employee with accrued sick leave of more than 720 hours (90) days (or 1,080 hours (90-12 hour
days) for fire shift employees) may convert up to a maximum of 20 days or 160 hours of sick leave
for severance pay (240 hours for fire shift employees), as long as the remaining balance of accrued
sick leave does not total less than 90 days of accrued sick leave. Such conversion shall be at the
rate of three (3) days of sick leave for one (1) day of severance pay. Accrued sick leave applied
by an employee for IMRF service credit shall not be eligible for sick leave conversion for
severance pay.
Adjustment of Pay Grades within Groups A, B and C - The City Manager, in the City
Manager’s discretion, may either increase or decrease the pay grades for positions within the non-
bargaining unit member group based upon the completion of periodic salary or market surveys.
Such adjustments shall be limited to movement within the A, B and C benefit group classifications
and shall not exceed the maximum amount of compensation within the benefit group as established
by the City Council in the most recent ordinance establishing the pay and benefit plans for the non-
VOLUME LXXXI DECEMBER 21, 2016
493
bargaining unit member group. Such adjustments of pay grades by the City Manager shall be
identified in the subsequent ordinance to be adopted by the City Council establishing a pay and
benefit plan for the non-bargaining unit member group.
Section 3. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect from and after January
1, 2017, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 9 Nays: 0
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G49-16 PASSED AMENDING TITLE 2 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "ADMINISTRATION AND PERSONNEL"
Councilmember Gavin 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. G49-16
AN ORDINANCE
AMENDING TITLE 2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED “ADMINISTRATION AND PERSONNEL”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 2.36.010 of the Elgin Municipal Code, 1976, as amended,
entitled “Department Established:” be and is hereby further amended to read as follows:
DECEMBER 21, 2016 VOLUME LXXXI
494
“There is hereby established an administrative department of the city government
to be known as the fiscal services department. The fiscal services department shall
include the accounting division, citizen and customer services division, and the
procurement and central services division. The department shall consist of the fiscal
services director and such other employees as may be authorized by the city
council.”
Section 2. That Section 2.36.040 of the Elgin Municipal Code, 1976, as amended,
entitled “Budget and Purchasing Officer; Established; Powers and Duties:” be and is hereby further
amended to read as follows:
“2.36.040: PURCHASING OFFICER; ESTABLISHED;
POWERS AND DUTIES:
There is established the office of purchasing officer. The purchasing officer shall
also be known and referred to in this code as the purchasing director or the
purchasing agent. The purchasing officer shall be responsible for supervising the
operations of the procurement and central services division. The purchasing officer
shall also be responsible for procurement activities including:
A. Establishing purchasing procedures for the departments of the city which
are consistent with the city's procurement ordinance and this code including
the following powers and duties:
1. To purchase or contract for all supplies and contractual services
needed by any city department in accordance with purchasing
procedures as prescribed by the ordinances of the city.
2. To act to procure for the city the highest quality in supplies and
contractual services at the least expense to the city.
3. To prevent uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales.
4. To open all sealed bids unless otherwise provided by law; be
responsible for tabulating all bids or review bid tabulations prepared
by the using department.
5. To trade in, sell or dispose of such materials, supplies or equipment
of the city as may become surplus, obsolete or unusable.
6. To keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure
for the city the benefits of research done in the field of purchasing
by other governmental jurisdictions, national technical societies,
VOLUME LXXXI DECEMBER 21, 2016
495
trade associations having national recognition, and by private
businesses and organizations.
7. To prescribe and maintain such forms as the purchasing officer shall
find reasonably necessary to the operation of the procurement and
central services division and the implementation of the purchasing
procedures as prescribed by the ordinances of the city.
8. To prepare and adopt a standard purchasing nomenclature for use of
departments, vendors and suppliers.
9. To prepare, adopt and maintain a vendors and suppliers list and
catalog file.
10. To prepare, adopt and maintain a contract administration system
designed to ensure that contractors are performing in accordance
with the terms and conditions of contracts which are awarded. Such
a contract administration system shall include a reporting system for
using departments so as to allow regular reports to the budget and
purchasing officer on contract performance.
11. To preserve the integrity of the purchasing system.
12. To perform such other duties as directed by the city manager or as
otherwise provided by this code or by law.”
Section 3. That Section 2.52.010 of the Elgin Municipal Code, 1976, as amended,
entitled “Establishment; Divisions:” be and is hereby further amended by further amending
subparagraph A thereof to read as follows:
“A. There is established an executive department of the city to be known as the
police department. The police department shall consist of no more than one
hundred ninety (190) sworn members, of which one member shall be chief,
no more than one member shall hold the rank of deputy chief, no more than
three (3) members shall hold the rank of commander, no more than seven
(7) members shall hold the rank of lieutenant, no more than twenty two (22)
members shall hold the rank of sergeant and the balance of said members
shall be of police officer rank.”
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
DECEMBER 21, 2016 VOLUME LXXXI
496
Section 5. 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 21, 2016
Passed December 21, 2016
Vote: Yeas: 9 Nays: 0
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G54-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR
DEALERS” TO REMOVE THE CLASS U, X AND Y LICENSE CLASSIFICATIONS
AND TO PROVIDE FOR OTHER MISCELLANEOUS AMENDMENTS THERETO
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G54-16
AN ORDINANCE
AMENDING CHAPTER 6.06. OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO
REMOVE THE CLASS U, X AND Y LICENSE CLASSIFICATIONS AND
TO PROVIDE FOR OTHER MISCELLANEOUS AMENDMENTS THERETO
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, the regulation of alcoholic liquor dealers pertains to the government and
affairs of the City; and
VOLUME LXXXI DECEMBER 21, 2016
497
WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to
further amend the City’s liquor code to remove the license classifications of Class U, X and Y
licenses and to provide for other miscellaneous amendments to the City’s liquor code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended,
entitled “License Classes; Fees:” be and is hereby further amended by deleting therefrom
subparagraph T providing for a Class U license, by deleting therefrom subparagraph V thereof
providing for a Class X license, by deleting therefrom subparagraph W thereof providing for a
Class Y license, and by relettering the remaining subparagraphs accordingly.
Section 2. 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 D thereof to provide the number of Class B licenses shall not exceed twenty-four
(24) in number, by deleting subparagraph W thereof relating to the number of Class U licenses, by
deleting subparagraph Z thereof relating to the number of Class X licenses, by deleting
subparagraph AA thereof relating to the number of Class Y licenses, and by relettering the
remaining subparagraphs accordingly.
Section 3. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended,
entitled “Basset Training Requirements:” be and is hereby further amended by amending the listing
of license classifications in subparagraph A thereof by deleting therefrom the references to the
Class U, Class X and Class Y license classifications.
Section 4. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended,
entitled “Service Hours:” be and is hereby further amended by amending the listing of license
classifications in subparagraph A thereof by deleting therefrom the license classifications of Class
U, Class X and Class Y.
Section 5. 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 6. 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
DECEMBER 21, 2016 VOLUME LXXXI
498
Presented: December 21, 2016
Passed December 21, 2016
Vote: Yeas: 9 Nays: 0
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to accept the
scrivener’s error changes to ordinance G46-16, item thirteen on the consent agenda, as outlined
by Corporation Counsel Cogley. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Martinez, to pass Ordinance Nos. G46-16 through G47-16 and adopt Resolution Nos. 16-143
through 16-154 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 16-143 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE
AGREEMENT WITH DSM DESOTECH, INC.
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-143
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
DSM DESOTECH, INC.
WHEREAS, DSM Desotech, Inc., a Delaware corporation, is the owner of certain property
located outside the corporate limits of the City of Elgin; and
WHEREAS, said owner has requested the City of Elgin to furnish fire protection services
for said property on the terms set forth on the attached agreement.
VOLUME LXXXI DECEMBER 21, 2016
499
NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City
of Elgin with DSM Desotech, Inc. for fire protection service, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-144 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE
AGREEMENT WITH ILLINOIS TOOL WORKS, INC.
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-144
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
ILLINOIS TOOL WORKS, INC.
WHEREAS, Illinois Tool Works, Inc., a Delaware corporation, is the owner of certain
property located outside the corporate limits of the City of Elgin; and
WHEREAS, said owner has requested the City of Elgin to furnish fire protection services
for said property on the terms set forth on the attached agreement.
NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City
of Elgin with Illinois Tool Works, Inc. for fire protection service, a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
DECEMBER 21, 2016 VOLUME LXXXI
500
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-145 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE
AGREEMENT WITH ST. CHARLES STREET PROPERTIES, INC.
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-145
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
ST. CHARLES STREET PROPERTIES, INC.
WHEREAS, St. Charles Street Properties, Inc., an Illinois corporation, is the owner of
certain property located outside the corporate limits of the City of Elgin; and
WHEREAS, said owner has requested the City of Elgin to furnish fire protection services
for said property on the terms set forth on the attached agreement.
NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City
of Elgin with St. Charles Street Properties, Inc. for fire protection service, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXI DECEMBER 21, 2016
501
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-146 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR CONSERVATION, STORMWATER
MANAGEMENT, STORMWATER MANAGEMENT ACCESS AND WATER MAIN
PURPOSES FROM TYLER CREEK ELGIN, LLC (508 N. MCLEAN BOULEVARD)
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-146
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A
PLAT OF EASEMENT FOR CONSERVATION, STORMWATER MANAGEMENT,
STORMWATER MANAGEMENT ACCESS AND WATER MAIN PURPOSES
FROM TYLER CREEK ELGIN, LLC
(508 N. McLean Boulevard)
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 Plat of Easement for conservation, stormwater management, stormwater
management access and water main purposes from Tyler Creek Elgin, 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 plat of easement for conservation, stormwater management, and stormwater management
access and water main purposes to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
DECEMBER 21, 2016 VOLUME LXXXI
502
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-147 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS FOR WATERMAIN PURPOSES
(508 N. MCLEAN BOULEVARD)
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-147
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE
PUBLIC IMPROVEMENTS FOR WATERMAIN PURPOSES
(508 N. McLean Boulevard)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance public improvements for
watermain purposes at 508 N. McLean Boulevard. Acceptance of the public improvements will
add the following city-maintained facilities: 1,220 lineal feet of 8-inch watermain; one 4-inch
valve in a 48-inch vault; two 8-inch valves in 48-inch vaults; three fire hydrants and their respective
appurtenances to the city-maintained facilities.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI DECEMBER 21, 2016
503
RESOLUTION 16-148 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR STORMWATER MANAGEMENT PURPOSES
FROM COAST TO COAST INVESTMENTS, LLC (750 DAVIS ROAD)
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-148
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
FOR STORMWATER MANAGEMENT PURPOSES FROM
COAST TO COAST INVESTMENTS, LLC
(750 Davis 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 a plat of easement for stormwater management purposes from Coast to
Coast Investments, 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 plat of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 21, 2016 VOLUME LXXXI
504
RESOLUTION 16-149 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR STORMWATER MANAGEMENT PURPOSES
FROM MARTAM CONSTRUCTION (1200 GASKET DRIVE)
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-149
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A
PLAT OF EASEMENT FOR STORMWATER MANAGEMENT PURPOSES
FROM MARTAM CONSTRUCTION
(1200 Gasket Drive)
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 Plat of Easement for stormwater management purposes from Martam
Construction 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 plat of easement for stormwater management purposes to be recorded in the office of the
Recorder of Deeds of Cook County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI DECEMBER 21, 2016
505
RESOLUTION 16-150 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF DEDICATION AND EASEMENT GRANT FOR RIGHT-OF-WAY,
STORMWATER MANAGEMENT AND CITY EASEMENT FOR PUBLIC
IMPROVEMENTS PURPOSES (2601 GALVIN DRIVE)
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-150
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE A PLAT OF DEDICATION
AND EASEMENT GRANT FOR RIGHT-OF-WAY, STORMWATER
MANAGEMENT AND CITY EASEMENT FOR PUBLIC IMPROVEMENTS PURPOSES
(2601 Galvin Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain plat of dedication and easement grant prepared by Manhard
Consulting, Ltd. an Illinois Land Surveyor, and dated February 25, 2016, last revised November
11, 2016, for the property legally described and depicted on such plat of dedication and easement
grant attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that David J. Kaptain, Mayor and Kimberly A. Dewis, City
Clerk, be and are hereby authorized and directed to execute a plat of dedication and easement grant
for right-of-way, stormwater management and city easement for public improvements purposes
from Conor Globe Elgin II, LLC for the property legally described and depicted on such on Exhibit
A, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed
to cause said plat of dedication and easement grant to be filed with the Recorder of Deeds of Kane
County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 21, 2016 VOLUME LXXXI
506
RESOLUTION 16-151 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS FOR STORMWATER
MANAGEMENT PURPOSES (2601 GALVIN DRIVE)
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 16-151
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
FOR STORMWATER MANAGEMENT PURPOSES
(2601 Galvin Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance the public improvements at
2601 Galvin Drive for stormwater management purposes. Acceptance of the public improvements
will add the following city-maintained facilities: 1,810 lineal feet of watermain; one 4-inch valve
in a 48-inch vault; three 8-inch valves in 48-inch vaults; five fire hydrants; 822 lineal feet of 8-
inch sanitary sewer; four 48-inch sanitary manholes; and their respective appurtenances.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-152 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS FOR SANITARY SEWER AND
WATERMAIN PURPOSES (ELGIN WAL-MART/SAM’S CLUB SUBDIVISION)
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXI DECEMBER 21, 2016
507
Resolution No. 16-152
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS
FOR SANITARY SEWER AND WATERMAIN PURPOSES
(Elgin Wal-Mart/Sam’s Club Subdivision)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance the public improvements for
sanitary sewer and water main purposes at Elgin Wal-Mart/Sam’s Club Subdivision. Acceptance
of the public improvements will add the following city-maintained facilities: approximately 468
lineal feet of 6-inch watermain; 4,702 lineal feet of 8-inch watermain; 1,786 lineal feet of 12-inch
watermain; 12 valves in 4-foot vaults; 3 valves in 5-foot vaults; 19 fire hydrants; 2,854 lineal feet
of 8-inch sanitary sewer; 15 sanitary manholes; 3 catch basins; and all their respective
appurtenances to the city-maintained facilities. The City will also maintain approximately 3,600
lineal feet of bike path parallel to Randall Road and Bowes Road.
For the purposes of clarification, the following improvements are not being accepted at this
time and which will be maintained by the Association or individual property owners: all
stormwater management not within the public right-of-way including storm sewers, storm
manholes, culverts, flared end sections, any ditches line or swales, detention basins, any
landscaping features and the tributary to Otter Creek that runs through the property.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-153 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS FOR STORMWATER
MANAGEMENT AND SIDEWALK PURPOSES WITHIN THE COLUMBINE
RESIDENTIAL SUBDIVISION
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
DECEMBER 21, 2016 VOLUME LXXXI
508
Resolution No. 16-153
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC
IMPROVEMENTS FOR STORMWATER MANAGEMENT AND SIDEWALK PURPOSES
WITHIN THE COLUMBINE RESIDENTIAL SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance certain public improvements
for stormwater management and sidewalk purposes within the Columbine Residential Subdivision.
Acceptance of the public improvements will add the following city-maintained facilities: three
stormwater detention basins, two on Lot 119 and one on Lot 117; 541 lineal feet of 12-inch RCP
storm sewer; 95 lineal feet of 36-inch RCP storm sewer; eight catch basins; four storm manholes;
five flared end sections; and all their respective appurtenances. The City will also maintain
approximately 430 lineal feet of sidewalk parallel to Bowes Road.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 16-154 ADOPTED REGARDING 655 OAK STREET AND THE
RELEASE OF LIENS AND OTHER DEBTS AND THE AMENDMENT OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN TO
FACILITATE THE PROPERTY’S DEMOLITION AND CONSTRUCTION OF A NEW
HOUSE BY HABITAT FOR HUMANITY
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, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXI DECEMBER 21, 2016
509
Resolution No. 16-154
RESOLUTION
REGARDING 655 OAK STREET AND THE RELEASE OF LIENS AND
OTHER DEBTS AND THE AMENDMENT OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT ANNUAL ACTION PLAN TO FACILITATE THE PROPERTY’S
DEMOLITION AND CONSTRUCTION OF A NEW HOUSE
BY HABITAT FOR HUMANITY
WHEREAS, Habitat for Humanity (“Habitat”) is seeking to acquire the property at 655
Oak Street, Elgin, Illinois (the “Property”); and
WHEREAS, the Property has a single-family house located thereon which is currently in
a state of disrepair and is uninhabitable; and
WHEREAS, Habitat is proposing to demolish the house on the Property and construct a
new single-family house; and
WHEREAS, the Property is encumbered by several liens and outstanding debts owed to
the City of Elgin that would make the proposed project by Habitat unfeasible; and
WHEREAS, Habitat has requested the City of Elgin release those liens and debts should it
take title to the Property; and
WHEREAS, the City of Elgin’s Community Development Block Grant (CDBG) Annual
Action Plan allocated $25,000 to Habitat for a new roof at its downtown building; and
WHEREAS, Habitat has proposed to utilize CDBG funds previously awarded by the City
in the amount of $25,000 for demolition and architectural/engineering expenses associated with
the redevelopment of the Property; and
WHEREAS, upon completion of the new home on the Property, Habitat will sell the
Property to an income-eligible household qualified under its homeownership program; and
WHEREAS, the proposed use of CDBG funds meets the United States Department of
Housing and Urban Development’s (“HUD”) eligibility criteria, and will address the affordable
housing goals discussed in the Kane-Elgin Consolidated Plan; and
WHEREAS, it is necessary to amend the City of Elgin’s Annual Action Plan for Program
Year 2015 in order to include the proposed project in the Plan and reallocate said CDBG funds to
it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
DECEMBER 21, 2016 VOLUME LXXXI
510
1. That conditioned upon Habitat’s acquisition of 655 Oak Street, Elgin, Illinois, the
City Manager be and is hereby authorized to release and forgive the following liens and other
outstanding debts owed to the City of Elgin relating to the Property: $10,085 code related
judgment from 2007; $1,557.08 water bill from 2013; $1,310.82 miscellaneous services from
various times (board-up services, garbage and waste removal, weed cutting); $700 vacant building
fees; $688.99 additional board-up services from 2012; and $150 code related citations.
2. That the City of Elgin Annual Action Plan for Program Year 2015 is hereby
amended to include a new project titled “Habitat for Humanity-Oak Street Redevelopment” which
involves the demolition and redevelopment of 655 Oak Street. That the project titled “Habitat for
Humanity-Roof Replacement” is hereby cancelled and deleted, and that CDBG funds in the
amount of $25,000 are reallocated from the cancelled project to the new project. The Director of
the City of Elgin’s Community Development Department is authorized to sign agreements,
certifications, reports and other documents required by HUD to complete the new project described
herein.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Adopted: December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G46-16 PASSED AMENDING TITLE 10 ENTITLED “PUBLIC PEACE,
MORALS AND WELFARE” AND CHAPTER 6.06 ENTITLED “ALCOHOLIC LIQUOR
DEALERS” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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.
VOLUME LXXXI DECEMBER 21, 2016
511
Ordinance No. G46-16
AN ORDINANCE
AMENDING TITLE 10 ENTITLED “PUBLIC PEACE, MORALS
AND WELFARE” AND CHAPTER 6.06 ENTITLED “ALCOHOLIC LIQUOR DEALERS”
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the Council of the City of Elgin has determined it is necessary and desirable
to provide for the abatement of nuisance activities within certain public areas within the City; and
WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each
municipality may define, prevent and abate nuisances; and
WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 constitution of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS, the City of Elgin has determined that it is beneficial and in the public interest
to have and maintain a prominent, attractive, and pedestrian-friendly downtown and riverfront in
order to bring new investment, residents, businesses, and visitors to Elgin’s center city business
area and its adjoining neighborhoods; and
WHEREAS, since 2013 the City of Elgin has observed an increase in the number of
citations issued to persons engaging in the commission of unlawful acts in Elgin’s center city
business area and its adjoining neighborhoods, including but not limited to an increase in the
occurrences of public intoxication, possession of open alcohol containers, public indecency and
littering; and
WHEREAS, the issuance of citations to offenders has not been successful in deterring
persons from engaging in the commission of unlawful acts in Elgin’s center city business area; and
WHEREAS, persons that engage in the commission of unlawful acts in public areas are
directly and indirectly injurious to the public health, safety and welfare;
WHEREAS, persons engaging in multiple instances of illegal acts in public areas interferes
with the public enjoyment of such areas, encourages other unlawful activities, diminishes property
values in that area, and causes or threatens to cause danger to persons and/or properties in that
area; and
WHEREAS, the City Council of the City of Elgin hereby finds that persons engaging in
multiple instances of illegal acts in public areas are a threat to public health, safety and welfare
and constitute and are declared to be public nuisances that shall be abated by the temporary civil
exclusion of such persons from certain public areas, as provided herein; and
DECEMBER 21, 2016 VOLUME LXXXI
512
WHEREAS, the prevention of illegal acts and the definition of and abatement of nuisance
activities within public areas pertains to the government and affairs of the City of Elgin; and
WHEREAS, the City of Elgin has adopted ordinances regulating the sale of alcoholic
liquor regulations regarding public intoxication and regulations regarding open containers of
alcoholic beverages in public areas; and
WHEREAS, violations of the city’s regulations pertaining to public intoxication and open
containers of alcoholic beverages in public areas are among the activities the City of Elgin has
determined to be a threat to public health, safety and welfare constitute public nuisances; and
WHEREAS, the City Council has determined that in order to protect the public health,
safety and welfare it is necessary to amend the regulations pertaining to public intoxication and
open containers of alcoholic beverages in public areas; and
WHEREAS, the City Council has determined that acts of public indecency are a threat to
public health, safety and welfare and that it is necessary to adopt an ordinance defining and
prohibiting public indecency; and
WHEREAS, regulations regarding alcoholic liquor dealers, public intoxication,
consuming or possessing alcoholic beverages in public areas and public indecency relate to the
public health, safety and welfare; and
WHEREAS, the regulations provided for in this ordinance are intended to prevent and
reduce the commission of illegal acts, to enhance the quality of life in the City and to protect the
public health, safety and welfare; 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, the regulation of alcoholic liquor, public indecency and public health, safety
and welfare 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 Chapter 10.46 of the Elgin Municipal Code, 1976, as amended, entitled
“Public Nuisance-Free Zones” be and is hereby created to read as follows:
“Chapter 10.46
PUBLIC NUISANCE-FREE ZONES
10.46.010: DEFINITIONS:
10.46.020: PUBLIC NUISANCE OFFENDER:
10.46.030: CIVIL EXCLUSION:
10.46.040: VIOLATION OF EXCLUSION-PENALTIES:
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513
10.46.050: PROCEDURES:
10.46.060: VARIANCES:
10.46.070: APPEALS:
10.46.080: SEVERABILITY:
The following terms as used in this chapter shall have the meanings as set forth below:
ADMINISTRATIVE HEARING OFFICER: A hearing officer authorized to hear and
adjudicate non-vehicular code violations under the City of Elgin administrative
adjudication system as set forth in Chapter 1.25 of this code.
CENTER CITY BUSINESS DISTRICT: That area bounded by the north side of Kimball
Street on the north, the east side of Dundee Avenue and the east side of Villa Street on the
east, the south side of National Street on the South, and the west side of State Street on the
west, including, in all instances, all adjacent properties on both sides of each boundary
street.
ENFORCEMENT ACTION: Any of the following actions taken by a law enforcement or
code enforcement agency: (1) the physical arrest of an individual, or (2) the issuance of a
citation for a violation of law; or (3) a referral of charges to the state’s attorney, corporation
counsel, or other appropriate authority for prosecution.
ESSENTIAL NEEDS: Food, physical care and medical attention.
NUISANCE ACTIVITIES: For the purposes of this chapter, the following offenses shall
constitute Nuisance Activities:
A. Any offense provided for in Article 11 of the Illinois Criminal Code of 2012,
entitled “Sex Offenses,” 720 Illinois Compiled Statutes 5/11-1 et seq., as amended,
or by Chapter 10.37 of the Elgin Municipal Code, entitled “Prostitution and
Prostitution Related Offenses,” as amended.
B. Any offense provided for in Article 21, Subdivision 5 of the Illinois Criminal Code
of 2012, entitled “Trespass,” 720 Illinois Compiled Statutes 5/21-2 through 5/21-9,
inclusive, as amended, or by Chapter 10.52 of the Elgin Municipal Code, entitled
“Trespass,” as amended.
C. Any offense provided for in the Illinois Cannabis Control Act, 720 Illinois
Compiled Statutes 550/1 et seq., as amended, or by Chapter 10.24 of the Elgin
Municipal Code, entitled “Cannabis,” as amended.
D. Any offense provided for in the Illinois Controlled Substances Act, 720 Illinois
Compiled Statutes 570/100 et seq., as amended.
DECEMBER 21, 2016 VOLUME LXXXI
514
E. Any offense provided for in the Illinois Litter Control Act, 415 Illinois Compiled
Statutes 105/1 et seq., as amended, or by Section 9.36.030 of the Elgin Municipal
Code, 1976, as amended, relative to littering.
F. Any offense provided for in the Illinois Drug Paraphernalia Control Act, 720
Illinois Compiled Statutes 600/1 et seq., as amended, or by Chapter 10.25 of the
Elgin Municipal Code, 1976, as amended, entitled “Drug Paraphernalia Control”
as amended.
G. Any offense provided for in Section 26-1 of the Illinois Criminal Code of 2012,
entitled “Disorderly Conduct,” 720 Illinois Compiled Statutes 5/26-1, as amended,
or by Chapter 10.32 of the Elgin Municipal Code, entitled “Disorderly Conduct,”
as amended.
H. Violations of Chapter 10.33 of this code relative to public intoxication.
I. Violations of Chapter 10.34 of this code relative to panhandling.
J. Any offense provided for in Article 12 of the Illinois Criminal Code of 2012,
entitled “Bodily Harm”, 720 Illinois Compiled Statutes 5/12-1 et seq., as amended,
or by Chapter 10.12 of the Elgin Municipal Code, entitled “Assault and Battery”,
as amended.
K. Any offense provided for in Article 16 of the Illinois Criminal Code of 2012,
entitled “Theft and Related Offenses”, 720 Illinois Compiled Statutes 5/16-1 et
seq., as amended, or by Chapter 10.56 of the Elgin Municipal Code, entitled
“Theft”, as amended.
L. Violations of Chapter 10.36 of this code relative to loitering.
M. Violations of 720 Illinois Compiled Statutes Section 5/11-30, entitled “Public
Indecency”, as amended, or Chapter 10.39 of the Elgin Municipal Code, entitled
“Public Indecency” as amended.
N. Violations of Chapter 10.45 of this code relative to open containers of alcoholic
beverages.
O. Any offense provided for in Article 21, subdivision 1 of the Illinois Criminal Code
of 2012, entitled “Damage to Property”, 720 Illinois Compiled Statutes 5/21-1-
5/21-1.4, inclusive, as amended, or by Chapter 10.48 of the Elgin Municipal Code,
entitled “Destruction of Property” as amended.
P. Violations of Chapter 10.65 of this code relative to vandalism.
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515
PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent
or agree to the doing of an act.
PERSON: Any natural person, agent, association, firm, partnership, corporation or other
entity capable of owning, occupying, or using property in the City of Elgin.
PROPERTY: Any real property, including land and that which is affixed, incidental or
appurtenant to land, including but not limited to any premises, room, house, business,
parking area, loading area, landscaping, yard, building or structure, or any separate part or
portion thereof, whether permitted or not.
PUBLIC NUISANCE OFFENDER: Any person that has been found guilty or liable by a
duly-appointed judge or Administrative Hearing Officer for engaging in three (3) or more
instances of any one or any combination of the activities, behaviors, or conduct listed
herein as Nuisance Activities in a Public Nuisance-Free Zone during any twelve (12) month
period. For the purposes of this chapter, any combination of activities, behaviors, or
conduct arising from a distinct factual event shall constitute a single instance of Nuisance
Activity, regardless of the number of qualifying nuisance activities for which a person is
found guilty or liable arising from said distinct factual event.
PUBLIC NUISANCE-FREE ZONES: For the purposes of this chapter, the following
places and areas shall constitute Public Nuisance-Free Zones:
A. The Center City Business District;
B. Any Public Park Property.
PUBLIC PARK PROPERTY: Any public park, recreational or nature trail, fairground, sporting
facility or recreational facility, including the entry ways or exits thereto.
PUBLIC PROPERTY: Any property located in the Center City Business District and owned by a
governmental unit.
RESIDE: To occupy one's principal dwelling, including transient occupancy in a hotel or motel.
TRAVEL: The movement on foot or within or upon a vehicle within a Public Nuisance-Free Zone
from one point to another without delay other than to obey traffic control devices.
10.46.020 PUBLIC NUISANCE OFFENDER:
A person found guilty or liable by a duly-appointed judge or Administrative Hearing Officer for
engaging in three (3) or more instances of Nuisance Activities in or upon any Public Nuisance-Free
Zones within any twelve (12) month period is declared to be a Public Nuisance Offender. Any
DECEMBER 21, 2016 VOLUME LXXXI
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Public Nuisance Offender is in violation of this chapter and is subject to the remedies set forth
herein.
10.46.030 CIVIL EXCLUSION:
A. A person is subject to exclusion under the process described in this chapter for a
period of ninety (90) days for a first instance where a person has been designated a
Public Nuisance Offender and subject to exclusion, and for a period of one hundred
eighty (180) days for a second or subsequent instance where a person has been
designated a Public Nuisance Offender from any public right-of-way or Public
Property in the Center City Business District and from any Public Park Property if
that person has been determined to constitute a Public Nuisance Offender by a judge
or Administrative Hearing Officer as defined in this chapter.
B. The exclusion order shall take effect upon the day after the finding and order by the
judge or Administrative Hearing Officer that a person constitutes a Public Nuisance
Offender and the person was given actual notice prior to the exclusion that the city
would impose an exclusion upon a finding of being a Public Nuisance Offender and
notified of the right of appeal and the process for initiating an appeal.
C. A person who has been designated a Public Nuisance Offender and excluded from
a Public Nuisance-Free Zone may not enter a Public Nuisance-Free Zone except to
travel to and from and be present at the events and locations listed below:
1. To attend a scheduled meeting with an attorney;
2. To attend a scheduled meeting with a medical or social service provider;
3. As necessary to comply with court or corrections ordered obligations or
appearances;
4. To contact criminal justice personnel at a criminal justice facility;
5. To attend any administrative or judicial hearing;
6. To travel through the Public Nuisance-Free Zone in a vehicle;
7. To reside in a dwelling or facility;
8. To satisfy, or attempt to satisfy an essential need by accessing a public or private
place that provides an essential need or service when the essential need cannot
reasonably be satisfied by the excluded person without entering the Public
Nuisance-Free Zone;
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517
9. To obtain social services when the excluded person is in need of social services;
the social services are sought for reasons relating to health or well-being of the
excluded person; and the social service agency has written rules and regulations
regarding the use of alcohol and controlled substances by their clients;
10. To obtain education by enrolling as a student at an educational facility, or
attending school at an educational facility;
11. To work as the owner, principal, agent or employee at a place of lawful
employment;
12. To perform work directly related to lawful employment; or
13. To be present at any place or event as specified by a variance issued by the
Chief of Police or designee pursuant to Section 10.46.060.
10.46.040 VIOLATION OF EXCLUSION-PENALTIES
A. It is unlawful for any person who has been designated a Public Nuisance Offender to enter
or remain in any Public Nuisance-Free Zone in violation of a valid exclusion imposed
pursuant to this chapter. A person violating this section shall be subject to a fine of not
less than one hundred dollars ($100.00).
B. A person that has been designated a Public Nuisance Offender who is found to be in or
upon any Public Nuisance-Free Zones in violation of a valid exclusion issued pursuant to
this chapter shall also be subject to arrest for trespassing pursuant to Chapter 10.52 and
shall be subject to the penalties provided in Chapter 10.52.
10.46.050 PROCEDURES:
A. Whenever it has been determined that a person has been found guilty or liable for engaging
in three (3) or more instances of any one or any combination of the activities, behaviors,
or conduct listed herein as Nuisance Activities in a Public Nuisance-Free Zone during any
twelve (12) month period, the officer making such a determination shall take the following
actions:
1. Notify the person in writing that the person meets the qualifications for being
designated a Public Nuisance Offender. Such notice shall be provided by either
personal service or by certified mail. The notice shall contain the following
information:
a. The Nuisance Activities that provide the basis for the determination that the person
may be designated a Public Nuisance Offender, including the date and location of
the qualifying Nuisance Activities;
b. The date, time, and location of the hearing on whether the person shall be
designated a Public Nuisance Offender;
DECEMBER 21, 2016 VOLUME LXXXI
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c. A statement that copies of documents in the city's control which are intended to be
used at the hearing shall be made available, upon request, to the person;
d. A description of the locations and areas from which the person shall be excluded
if the persons is designated a Public Nuisance Offender, and the time period for
which such exclusion shall apply;
e. A statement notifying the person of the right of appeal in the event the person is
designated a Public Nuisance Offender and subject to exclusion, and a general
description of the process for initiating an appeal.
2. Take any further steps to schedule the hearing on whether the person should be
designated a Public Nuisance Offender before the judge or Administrative Hearing
Officer.
B. In the event the judge or Administrative Hearing Officer determines after a hearing that a
person constitutes a Public Nuisance Offender as defined in this chapter, the judge or
Administrative Hearing Officer shall order that the person shall be and is excluded and
barred from entering in or upon any public right-of-way or any Public Property in the
Center City Business District and from any Public Park Property, except as otherwise
permitted in this chapter, for a period of ninety (90) days for a first instance where a person
has been designated a Public Nuisance Offender and subject to exclusion, and for a period
of one hundred eighty (180) days for a second or subsequent instance where a person has
been designated a Public Nuisance Offender and subject to exclusion. The designation of
a Public Nuisance Offender and the exclusion as provided for in this chapter, shall expire
upon the expiration of the applicable period of exclusion of ninety (90) days or one hundred
eighty (180) days. In addition the judge or Administrative Hearing Officer may order such
person to take other reasonable, timely and lawful measures in order to prevent further
Nuisance Activities in Public Nuisance-Free Zones.
C. In an action seeking the designation of a person as a Public Nuisance Offender, the city
shall have the burden of showing by a preponderance of the evidence that the person has
been found guilty or liable in the requisite number of Nuisance Activities in or upon a
Public Nuisance Free Zone during a twelve (12) month period. An order from a judge or
Administrative Hearing Officer finding the person guilty or liable for any of the offenses
that form the basis for the exclusion, as enumerated in Section 10.46.010, shall be
conclusive evidence that the described conduct occurred, but, absent of a finding of fact by
the judge or Administrative Hearing Officer, is not conclusive evidence that the conduct
occurred in a Public Nuisance-Free Zone.
10.46.060 VARIANCES:
Variances modify an exclusion, and shall be granted, denied, amended or revoked in accordance
with the following provisions:
A. All variances shall be in writing and shall state the purpose for which they are granted and
the period of time during which they are effective. A variance that does not describe its
period of effectiveness is effective for the duration of the exclusion. A variance allows
relief from an exclusion only for travel to and from specified locations, activities or events,
VOLUME LXXXI DECEMBER 21, 2016
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and presence at specified locations, activities and events within a Public Nuisance-Free
Zone.
B. The police department shall receive and process requests for Public Nuisance-Free Zone
variances during regular business hours, if the police station is otherwise open to the public.
C. The Chief of Police or the Chief's designee shall grant a variance to any person who will
use the waiver to visit the residence of a family member, to attend religious services or to
otherwise exercise a constitutional right. A variance granted under this section allows
travel within the Public Nuisance-Free Zone only in accordance with the terms specified
in the variance. The Chief of Police or the Chief's designee shall ask a person requesting
a variance to provide an updated address through which the person can be reached for the
duration of the variance in the event the city determines there is a need to amend or revoke
the variance. The person shall keep the variance on his or her person at all times a person
is within the Public Nuisance-Free Zone.
D. A variance may be revoked or amended for the following reasons and in the following
manner:
1. The excluded person provided false information in order to obtain the variance;
2. There is probable cause to believe the person has committed Nuisance Activities defined
in this chapter in the Public Nuisance-Free Zone subsequent to the issuance of a
variance;
3. The circumstances giving rise to the issuance of the variance no longer support a
continuation of the variance or a term thereof; or
4. If the person presents new circumstances that would support amending the variance.
5. A revocation or amendment of the variance becomes effective at 5:00 p.m. on the 5th
business day following the mailing of the action to the excluded person at such person's
last known address unless the excluded person appeals the determination by following
the procedures in Section 10.46.070.
10.46.070 APPEALS:
A. A person who has been designated a Public Nuisance Offender and who has been
issued an exclusion order shall have the right to appeal such designation and
exclusion order. Appeals from such a finding and order issued by a judge of the
circuit court may be made as provided by law for civil cases. Appeals of such a
finding and order issued by an Administrative Hearing Officer shall be made and
DECEMBER 21, 2016 VOLUME LXXXI
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are subject to the provisions of the Illinois Administrative Review Law, as
amended, at 735 ILCS 5/3-101 et seq.
B. If a person issued an order of exclusion files an appeal as provided in this chapter,
imposition of the exclusion shall be stayed pending a final, enforceable decision
upholding the exclusion.
C. A person who has been issued an exclusion order and has requested a variance
therefrom, may appeal the denial, termination or amendment of such a variance to
a city Administrative Hearing Officer. An appeal of the denial, termination or
amendment of a variance request shall be filed with the Administrative Hearing
Officer in writing by 5:00 p.m. on the 10th business day following the action
regarding the variance. Hearings shall be conducted in accordance with the
procedures in Chapter 1.25 of this Code. At such hearings the city shall have the
burden of proof by showing by a preponderance of the evidence that the denial,
termination or amendment to a variance was in accordance with the provisions of
this chapter. A person shall have a right to further appeal the order of the
Administrative Hearing Officer regarding a variance pursuant to the Illinois
Administrative Review Law, as amended, at 735 ILCS 5/3-101 et seq.
10.46.080 SEVERABILITY:
If any provision, clause, sentence, paragraph, section or part of this chapter or application
thereof to any person or circumstance, shall for any reason be judged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, or
otherwise invalidate the remainder of this chapter and the application of such provision to
other persons or circumstances, but shall be confined in its operation to such 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 unconstitutional or invalid provision, clause,
sentence, paragraph, section or part thereof not been included.”
Section 2. That the provisions of the foregoing chapter 10.46 regarding Public Nuisance-
Free Zones shall without further City Council action automatically expire on December 31, 2018.
It is hereby declared to be the legislative intent of the City Council that the adoption of Chapter
10.46 regarding Public Nuisance-Free Zones is being done on an experimental basis only. The
City Manager is directed to submit a report to the City Council prior to December 31, 2018, and
therein shall advise the City Council as to the city’s experience with Public Nuisance-Free Zones
and the efficacy thereof and recommend whether an ordinance providing for the continuation of
Public Nuisance-Free Zones should be adopted.
Section 3. That Chapter 10.39 of the Elgin Municipal Code, 1976, as amended, entitled
“Public Indecency” be and is hereby created to read as follows:
“Chapter 10.39
VOLUME LXXXI DECEMBER 21, 2016
521
PUBLIC INDECENCY
10.39.010: DEFINITIONS:
10.39.020: VIOLATIONS:
10.39.030: PENALTY FOR VIOLATION:
The following terms as used in this chapter shall have the meanings as set forth below:
NUDITY: Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic
areas, the post-pubertal human female breast between a point immediately above the top
of the areola and a point immediately below the bottom of the areola, or the covered human
male genitals in a discernible turgid state. For purposes of this definition, a female breast
is considered uncovered if the nipple only or the nipple and the areola only are covered.
PUBLIC PLACE: Any public street, alley, sidewalk, yard, park, building, structure, plaza,
parking lot or facility, public or utility right-of-way, or other public or private place that is
held open to the general public.
PUBLIC VIEW: Conduct is in “public view” where the conduct may reasonably be
expected to be viewed by others that are in a public place without the use of any extrinsic
or extraordinary devices.
10.39.020: VIOLATIONS:
It is unlawful for any person to commit an act of public indecency. A person commits an
act of public indecency when he or she performs any of the following acts:
A. Appears in a public place or in public view in a state of nudity, or to make any indecent
exposure of his/her person in violation of 720 Illinois Compiled Statutes 5/11-30, as
amended. Notwithstanding the foregoing, the following acts shall not constitute the
offense of public indecency:
1. Breast-feeding of infants in a public place or within public view.
2. Appearing in a state of nudity in a facility designed and utilized for that purpose,
including but not limited to a public or private changing room or locker room.
B. Urinates or defecates in a public place or within public view, other than in a restroom
facility.
10.39.030: PENALTY FOR VIOLATION:
A. First Offense: Any person found guilty of violating any provision of this chapter
shall be fined not less than one hundred dollars ($100.00) for the first offense.
DECEMBER 21, 2016 VOLUME LXXXI
522
B. Second Offense: Any person found guilty of violating any provision of this chapter
for the second time within any one-year period shall be fined not less than two
hundred fifty dollars ($250.00).
C. Third and Subsequent Offense: Any person found guilty of violating any provision
of this chapter for the third time, or any subsequent time, within any one-year period
shall be fined not less than five hundred dollars ($500.00)."
Section 4. That Chapter 10.52 of the Elgin Municipal Code, 1976, as amended, entitled
“Trespass” be and is hereby amended by adding a new subsection 10.52.010.D to read as follows:
“D. Any person that has been designated a Public Nuisance Offender who
unlawfully enters or remains in any Public Nuisance-Free Zone in violation of
a valid exclusion imposed pursuant to Chapter 10.46 of the Elgin Municipal
Code, commits the offense of criminal trespass.”
Section 5. That Chapter 10.52 of the Elgin Municipal Code, 1976, as amended, entitled
“Trespass” be and is hereby amended by adding a new subsection 10.52.020, entitled “Penalty”,
to read as follows:
“10.52.020: PENALTY
A. Any person found guilty of violation subsections 10.52.010.A, 10.52.010.B, or
10.52.010.C of this chapter shall, upon conviction, be subject to a fine of not less than fifty
dollars ($50.00) and not more than seven hundred fifty dollars ($750.00).
B. Any person found guilty of violating subsection 10.52.010.D of this chapter shall, upon
conviction, be subject to a fine of not less than one hundred dollars ($100.00) and not more
than one thousand dollars ($1,000.00), or shall be punished by a sentence of periodic
imprisonment for a definite term of up to thirty (30) days, or by both fine and imprisonment,
for each offense. In addition, the judge or Administrative Hearing Officer shall have the
authority to extend any exclusion period for which the person has been excluded from
Public Nuisance-Free Zones under Chapter 10.46 of the Elgin Municipal Code for an
additional period of not more than one hundred eighty (180) days from the date that the
person is found guilty or liable for the trespass.
C. Each violation of this chapter and every day of a violation shall constitute a separate
offense.”
Section 6. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers” be and is hereby further amended by amending Section 6.06.140
thereof entitled “Offenses By Licensee” by amending subparagraph K thereof to read as follows:
“K. Sell alcoholic liquor to any minor, intoxicated person, habitual drunkard,
incompetent person or any person who has been found guilty or liable of
violating any provision of Chapter 10.33 Public Intoxication or Chapter 10.45
Open Containers of Alcoholic Beverages on three (3) or more occasions within
VOLUME LXXXI DECEMBER 21, 2016
523
the previous one (1) year period. The time period for which the sale of alcoholic
liquor is prohibited to any person who has been found guilty or liable of
violating any provision of Chapter 10.33 Public Intoxication or Chapter 10.45
Open Containers of Alcoholic Beverages on three (3) or more occasions within
the previous one-year period shall be from one year from the date of the last
instance where such person has been found guilty or liable of violating such
ordinances.”
Section 7. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
“Alcoholic Liquor Dealers” be and is hereby further amended by amending Section 6.06.150
thereof entitled “Offenses by Other than Licensee” by amending subparagraph E thereof to read
as follows:
“E. It is unlawful for any minor, intoxicated person, habitual drunkard or any person
who has been found guilty or liable of violating any provision of Chapter 10.33
Public Intoxication or Chapter 10.45 Open Containers of Alcoholic Beverages
on three (3) or more occasions within the previous one-year period to purchase
or possess alcoholic liquor. It is further unlawful for any minor or other person
to misrepresent the age of any minor for the purpose of inducing any Licensee
under this chapter to sell or give such minor any alcoholic liquor in violation of
this chapter. In every place of business in the city where alcoholic is sold for
beverage purposes, there shall be displayed in a prominent place a card or sign
containing a warning to minors to the effect that they will be subject to the
penalties of this chapter if they purchase or misrepresent their age in an attempt
to purchase alcoholic liquor. The time period for which the purchase or
possession of alcoholic liquor is prohibited by any person who has been found
guilty or liable of violating any provision of Chapter 10.33 Public Intoxication
or Chapter 10.45 Open Containers of Alcoholic Beverages on three (3) or more
occasions within the previous one-year period shall be from one year from the
date of the last instance where such person has been found guilty or liable of
violating such ordinances. Violation of this subsection shall be punishable by
a fine not less than one hundred dollars ($100.00) nor more than one thousand
dollars ($1,000.00).”
Section 8. That Chapter 10.35 of the Elgin Municipal Code, 1976, as amended, entitled
“Sitting/Lying on Sidewalks in the Center Business District Prohibited” be and is hereby further
amended to read as follows:
“Chapter 10.35
SITTING/LYING ON SIDEWALKS, OR STORING PERSONAL PROPERTY
ON PUBLIC PROPERTY IN THE CENTER CITY
BUSINESS DISTRICT PROHIBITED
10.35.010: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
DECEMBER 21, 2016 VOLUME LXXXI
524
CENTER CITY BUSINESS DISTRICT: That area bounded by the north side of Kimball
Street on the north, the east side of Dundee Avenue and the east side of Villa Street on the
east, the south side of National Street on the south and the west side of State Street on the
west including, in all instances, all adjacent properties on both sides of each boundary
street.
PUBLIC PROPERTY: Any property located in the Center City Business District and
owned by a governmental unit.
SIDEWALK: An improved walkway intended primarily for pedestrians, usually running
parallel to one or both sides of the pavement of a street and public transit waiting areas
located within the public right of way.
10.35.020: SITTING/LYING ON SIDEWALKS PROHIBITED:
It is unlawful for any person, after having been notified by a law enforcement officer of
the prohibition in this section, to sit or lie down upon a public sidewalk or upon a blanket,
chair, stool, or any other object placed upon a public sidewalk, in the center city business
district.
10.35.030: EXCEPTIONS:
The prohibition regarding sitting/lying on sidewalks in the Center City Business District
Section 10.35.020 shall not apply if:
A. Sitting or lying down on a public sidewalk is due to a medical emergency; or
B. As a result of age, infirmity or disability a person utilizes a wheelchair, walker,
stroller, or similar device to move about a public sidewalk; or
C. The person is operating or patronizing a commercial establishment conducted on
the public sidewalk pursuant to a street use or similar permit; or
D. A person participating in or attending a parade, festival, performance, rally,
demonstration, meeting or similar event conducted on a public sidewalk pursuant
to a street use or other applicable permit; or
E. The person is sitting on a chair or bench located on the public sidewalk which is
supplied by a public or private agency or by the abutting private property owner; or
F. The sitting or lying is while waiting in an orderly line for entry to any building,
including shelters, or awaiting social services such as provision of meals; or outside
a box office to purchase tickets to any sporting event, concert, performance, or other
special event if not impeding pedestrians from using the sidewalk or entering a door
or other entrance along the sidewalk; or
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525
G. A child who is in a stroller; or
H. The sitting or lying on a sidewalk is an integral part of a person then engaging in
constitutionally protected expressive activities which would otherwise be restricted
by the prohibition in Section 10.35.030, if not impeding pedestrians from using the
sidewalk or entering a door or other entrance along the sidewalk.
10.35.040: STORING OF PERSONAL PROPERTY ON PUBLIC PROPERTY
PROHIBITED:
A. No person shall store, accumulate, mass together and maintain personal property
such as supplies, goods, clothing, personal effects upon Public Property within the
Center City Business District.
B. Any person who accumulates, masses together and maintains personal property
such as supplies, goods, clothing, or personal effects upon Public Property in the
Center City Business District shall be required to remove such personal property
from the Public Property within seven (7) days of notice to remove. If the identity
and address of the owner or person in control of the personal property is known to
the city, notice to remove the personal property on Public Property shall be given
to the owner or person in control of the personal property by personal service or by
certified mail. If the identify or address of the owner or person in charge of the
personal property on Public Property is not known to the city, notice to remove the
storage of personal property on Public Property shall be provided by posting a
notice on the personal property. Upon the failure of the owner or the person in
control of the personal property to remove the personal property within seven (7)
days from the date of service of the notice, the city shall lawfully remove the
personal property. The personal property removed from the Public Property by the
city pursuant to this section, shall be disposed of if not claimed by the owner or the
person in charge of such personal property within thirty (30) days of the removal.
Any costs associated with such removal and storage may be charged to, and
assessed to the owner of the personal property.
C. The fact that action or proceedings have been instituted and are pending to enforce
the provisions of this chapter shall not preclude the city’s ability to require removal
of personal property and to remove the personal property if not removed as required
herein.
D. Notwithstanding other provisions of this chapter, in the event that personal property
is stored on Public Property within the Center City Business District and the storage
of such property is interfering with pedestrian traffic, vehicular traffic or otherwise
interferes with city operations, the city may lawfully remove such personal property
and store same and may thereafter proceed with the notice procedures as provided
in this chapter.
DECEMBER 21, 2016 VOLUME LXXXI
526
10.35.050: PENALTY FOR VIOLATION:
A. First Offense: Any person found guilty of violating any provision of this chapter
shall be fined not less than one hundred dollars ($100.00) for the first offense.
B. Second Offense: Any person found guilty of violating any provision of this chapter
for the second time within any one year period shall be fined not less than two
hundred fifty dollars ($250.00).
C. Third and Subsequent Offense: Any person found guilty of violating any provision of this
chapter for the third time, or any subsequent time thereafter, within any one year period shall
be fined not less than five hundred dollars ($500.00).”
Section 9. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be judged
by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not
affect, impair or invalidate the remainder of this ordinance 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 legislative intent of the City Council that this ordinance would have been adopted
had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof
had not been included.
Section 10. 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 11. That this ordinance shall be in full force and effect ten days after its passage
and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2016
Passed December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXI DECEMBER 21, 2016
527
ORDINANCE G47-16 PASSED AMENDING CHAPTER 10.34 ENTITLED
“PANHANDLING” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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. G47-16
AN ORDINANCE
AMENDING CHAPTER 10.34 ENTITLED “PANHANDLING”
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, Chapter 10.34 of the Elgin Municipal Code, entitled “Panhandling,” defines
the term panhandling and regulates the act of panhandling as defined therein by places of
panhandling and manner of panhandling; and,
WHEREAS, in 2015 the United States Supreme Court decided the case of Reed v. Town
of Gilbert, 135 S.Ct. 2218 (2015), which held that provisions of a municipal sign code that imposed
more stringent restrictions on temporary signs directing the public to meetings of non-profit groups
than on signs conveying other messages were content-based restrictions on speech protected by
the First Amendment, and that the regulations could not survive the “strict scrutiny” analysis that
the Supreme Court applied to determine their constitutional validity; and
WHEREAS, in Reed v. Town of Gilbert the Supreme Court specifically noted that the
distinctions in the Town of Gilbert ordinance between political signs, ideological signs, and signs
directing the public to meetings of non-profit groups were facially content-based because the
distinctions made by the ordinance turned on the “communicative content of the sign,” and the
ordinance was therefore presumptively unconstitutional and could be legally justified only if the
Town of Gilbert could demonstrate that the regulations were narrowly tailored to serve a
compelling governmental interest; and,
WHEREAS, after Reed v. Town of Gilbert a regulation of speech in an area considered to
be a traditional public forum for purposes of First Amendment analysis that is targeted at a specific
subject matter is likely to be found content-based even if the regulation does not discriminate
among viewpoints within that subject matter; and
WHEREAS, even in traditional public forums, including public parks, streets, and
sidewalks, the right of an individual to engage in speech protected by the First Amendment is not
superior to the rights of other individuals to walk away from such speech and to be free from
persistent unwanted communication, unwanted following, touching, or other conduct that results
in intimidation, harassment, or interference with their right to freely use and travel within those
public areas; and
WHEREAS, aggressive conduct by persons engaged in speech protected by the First
Amendment, including following, persistent unwanted communications, touching, harassing,
DECEMBER 21, 2016 VOLUME LXXXI
528
intimidating, or otherwise interfering with the right of another to enjoy and travel public parks,
streets, and sidewalks is not protected by the First Amendment; and
WHEREAS, in the absence of this ordinance, existing statutes and ordinances are
insufficient to protect the rights of persons using or enjoying public parks, streets, and sidewalks
to be free from unwanted following, touching, harassment, interference or intimidation by persons
otherwise engaged in First Amendment speech; and
WHEREAS, the Supreme Court has long recognized that the regulation of speech in an
area considered to be a non-public forum for purposes of First Amendment analysis is subject to a
lesser standard of scrutiny whereby the regulation of speech must be reasonable in light of its
purpose and viewpoint neutral; (See Perry Ed. Assn. v. Perry Local Educators’ Assn., 460 U.S. 37
(1983); Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U.S. 788 (1985); United States
v. Kokinda, 497 U.S. 720 (1990); Int’l Society of Krishna Consciousness, Inc. v. Lee, 505 U.S.
672 (1992); Walker v. Texas Div., Sons of Confederate Veterans, Inc., 135 S.Ct. 2239 (2015)
(decided the same day as Reed v. Town of Gilbert, Arizona, 135 S.Ct. 2218 (2015)); and
WHEREAS, the Supreme Court in Int’l Soc’y of Krishna Consciousness, Inc. v. Lee, 505
U.S. 672 (1992) upheld a solicitation ban in a non-public forum applying the reasonableness
standard; and
WHEREAS, the Supreme Court in Int’l Soc’y of Krishna Consciousness, Inc. v. Lee, 505
U.S. 672 (1992) further recognized that in-person solicitation for the immediate receipt of funds
creates a risk of fraud and duress that is different in kind from other forms of expression and
conduct, that such in-person solicitation has been associated with coercive or fraudulent conduct,
and that such solicitation is an appropriate subject of regulation (see Int’l Soc’y of Krishna
Consciousness, Inc. v. Lee, 505 U.S. at 684; Id. at 705 (Kennedy, J., concurring)); and
WHEREAS, the foregoing authority, as well as the authority cited therein and widespread
legal precedent, demonstrate that the regulation of in-person solicitation for the immediate receipt
of funds and of the non-expressive conduct associated with such in-person solicitation are
appropriate subjects of municipal regulation; and
WHEREAS, in-person solicitation for the immediate receipt of funds on certain publicly
owned properties that are non-public forums, and certain aggressive and unlawful conduct that
may be utilized in connection with such solicitations, may interfere with public and private
business, with the public safety and welfare of the residents of the City and its visitors, with the
safe and efficient conduct of municipal functions, with vehicular traffic and with the ability of the
City to provide public services to its residents, visitors, and businesses; and
WHEREAS, the City has determined that it is advisable in light of the recent decision in
Reed v. Town of Gilbert, to amend Chapter 10.34 and clarify its existing regulations on
panhandling by reenacting the City’s reasonable restrictions on certain in-person solicitations for
the immediate receipt of funds in areas that the City has determined to be non-public forums, and
on certain aggressive and unlawful conduct in seeking such solicitations, consistent with the
decision in Reed v. Town of Gilbert and the other authorities referenced herein.
VOLUME LXXXI DECEMBER 21, 2016
529
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That existing Chapter 10.34 of the Elgin Municipal Code, 1976, as amended,
entitled “Panhandling,” be and is hereby deleted in its entirety, and that the following amended
Chapter 10.34, entitled “Panhandling,” be and is hereby created to read as follows:
“Chapter 10.34
PANHANDLING
10.34.010: INTENT; FINDINGS;
10.34.020 DEFINITIONS:
10.34.030: RESTRICTIONS ON PANHANDLING; VIOLATIONS:
10.34.040: PENALTY:
10.34.050: SEVERABILITY
10.34.010: INTENT; FINDINGS:
A. Intent.
This Chapter 10.34 is intended to regulate the conduct of persons engaged in aggressive
panhandling for the immediate receipt of funds in or on public parks, streets, or sidewalks within
the city, and to regulate the conduct of persons otherwise engaged in panhandling in certain non-
public forums. The regulations and prohibitions contained in this chapter are intended to provide
for the safety and welfare of those persons being solicited while protecting the legitimate First
Amendment rights of those persons engaging in the personal solicitation of others.
This chapter is not intended to regulate or restrict the content of any personal solicitation other than
to prohibit threatening, abusive, or false or misleading speech that is not protected under the First
Amendment of the U. S. Constitution, and to restrict the immediate receipt of funds in certain non-
public forums. This chapter shall not be construed, applied, interpreted, or enforced in a way that
is based upon the content of or the views expressed in any personal solicitation.
B. The city hereby finds as follows:
1. Conduct associated with aggressive panhandling may invade or infringe upon the rights of
others to be free from harassment, threats, and direct or indirect intimidation.
2. Conduct associated with aggressive panhandling may interfere with the right and the ability of
others to enjoy the public and privately owned amenities of the city; can deter participation in
various social and economic activities occurring in the city; and can therefore result in adverse
economic and social impacts upon the city, its residents, and its businesses.
3. Conduct associated with aggressive panhandling may hinder or obstruct the free and safe use
of the city’s public parks, streets, and sidewalks.
DECEMBER 21, 2016 VOLUME LXXXI
530
4. Some persons engaged in panhandling protected by the First Amendment of the U. S.
Constitution in or on public parks, streets, or sidewalks of the city may also engage in
aggressive conduct that is not protected by the First Amendment or the Illinois Constitution,
including unwanted touching, following, persistent unwanted communication, and obstruction
of others. Such aggressive conduct has result in the harassment, intimidation, and obstruction
of other persons in violation of their rights. The rights of persons using public parks, streets,
and sidewalks to be free from harassment, intimidation, and obstruction, cannot be adequately
protected without the regulations set forth in this chapter.
5. Panhandling for the immediate receipt of funds on certain publicly owned property that are
non-public forums for the purpose of analysis under the First Amendment to the U. S.
Constitution, including bus and train stops, transportation facilities and vehicles, vehicular
traffic lanes, public parking lots and garages, and duly-licensed sidewalk cafés, restaurants and
outdoor seating areas, may interfere with the safe and efficient conduct of municipal functions,
with vehicular traffic, and with the ability of the city to provide public services to its residents,
businesses, and visitors.
6. Panhandling for the immediate receipt of funds creates a risk of fraud and duress that is
different in kind from other forms of expression and conduct and has been associated with
coercive or fraudulent conduct, and is therefore an appropriate subject of regulation.
10.34.020: DEFINITIONS:
The following terms as used in this chapter shall have the meanings as set forth below:
PANHANDLING: Any solicitation made in-person upon any street, public place, park, premises,
or residence in the city, in which a person requests the immediate receipt of funds from other
persons in a continuous and repetitive manner. Panhandling includes, but is not limited to, where
the person being solicited is offered an item or service for an amount far exceeding its value in
exchange for an immediate donation of money or like funds, under circumstances where a
reasonable person would understand that the purchase is in substance a donation. Except as
specifically provided in this section, panhandling does not include passively standing or sitting
with a sign or other indication that one is seeking donations, without addressing any solicitation to
any specific person other than in response to an inquiry by that person.
PUBLIC PLACE: Any area to which the public is invited or permitted, and including without
limitation the public right-of-way.
ROADWAY: That portion of a public right-of-way improved, designed, or ordinarily used for
vehicular travel, exclusive of the sidewalks, intersections, crosswalks, or other areas adjacent
thereto that constitute traditional public forums.
10.34.030 RESTRICTIONS ON PANHANDLING; VIOLATIONS:
A. It shall be unlawful for any person to engage in an act of panhandling when either the panhandler
or the person being solicited is located in any of the following places within the city limits of Elgin,
Illinois, said places having been determined to be non-public forums for the purposes of analysis
under the First Amendment to the United States Constitution:
VOLUME LXXXI DECEMBER 21, 2016
531
1. Within any bus or train stop or shelter that is enclosed on at least three (3) sides;
2. In any public transportation vehicle or facility;
3. On private property, unless the panhandler has permission from the owner or occupant;
4. In a parking lot or garage owned or operated by the City of Elgin, including entryways or exits
and pay stations connected therewith;
5. In a sidewalk café, restaurant, or outdoor seating area that has been issued a license to operate
within the public right-of-way by the City;
6. In a roadway, as defined in this chapter, where the person engaged in the act of panhandling
enters into a roadway panhandling for the immediate receipt of funds from the occupant of a
vehicle.
B. It shall be unlawful for any person to engage in an act of aggressive panhandling, which includes
any of the following actions when undertaken in a manner that a reasonable person would find
intimidating:
1. Intentionally touching or causing physical contact the person solicited without the solicited
person’s consent before, during, or immediately after making such solicitation;
2. Intentionally blocking the passage of the person solicited, or blocking the entrance to any
building or vehicle, before, during, or immediately after making such solicitation;
3. Using profane, abusive, or personally threatening language, either before, during, or
immediately after making an in-person solicitation;
4. Making any statement, gesture, or other communication that would cause a reasonable person
in the situation of the person solicited to be fearful that they would be subjected to an unwanted
physical touching or harm to their person or their personal property;
5. If in a group of two (2) or more persons, panhandling while any other person in the group
engages in any of the acts described in subsections 10.34.B.1 to 10.34.B.4 above.
C. It shall be unlawful for any person to knowingly make any false or misleading representation in the
course of soliciting a donation for the immediate receipt of funds with the intent that the listener
believe and rely on the representation in determining whether to make a donation. False or
misleading representations include, but are not limited to, the following:
1. Stating that the donation is needed to meet a specific need, when the solicitor already has
sufficient funds to meet that need and does not disclose that fact;
2. Stating that the donation is needed to meet a need which does not exist;
3. Stating that the solicitor is from out of town and stranded, when such is not true;
DECEMBER 21, 2016 VOLUME LXXXI
532
4. Wearing a military uniform or other indication of military service, when the solicitor is neither
a present nor former member of the service indicated;
5. Wearing or displaying an indication of physical disability, when the solicitor does not suffer
the disability indicated;
6. Use of any makeup or device to simulate any deformity; or
7. Stating that the solicitor is homeless, when he or she is not.
8. Stating that the funds are needed for a specific purpose and then spending the funds received
for a different purpose.
10.34.040: PENALTY:
A. First Offense. Any person found guilty of violating any provision of this chapter shall be
fined not less than one hundred dollars ($100.00) for the first offense.
B. Second Offense. Any person found guilty of violating any provision of this chapter for
the second time within any one-year period shall be fined not less than two hundred fifty
dollars ($250.00).
C. Third and Subsequent Offense. Any person found guilty of violating any provision of
this chapter for the third time, or any subsequent time thereafter, within any one-year
period shall be fined not less than five hundred dollars ($500.00).
10.34.050: SEVERABILITY:
If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof
to any person or circumstance, shall for any reason be judged by a court of competent jurisdiction
to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder
of this ordinance 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 legislative intent of the City Council
that this ordinance would have been adopted had such unconstitutional or invalid provision, clause,
sentence, paragraph, section or part thereof had not been included.”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect ten days after its passage
and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXI DECEMBER 21, 2016
533
Presented: December 21, 2016
Passed December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 21, 2016
Published: December 21, 2016
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gavin made a motion, seconded by Councilmember Martinez, 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, November 14, 2016
Emergency Telephone System Board, November 17, 2016
Heritage Commission, Design Review, November 22, 2016
Human Relations Commission, November 1, 2016
Liquor Commission, November 2, 2016
Planning and Zoning Commission, November 7, 2016
Committee of the Whole Minutes for November 16, 2016
City Council Minutes for November 16, 2016
Disbursement Report – November
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell,
Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:41 p.m.
s/ Kimberly Dewis January 11, 2017
Kimberly Dewis, City Clerk Date Approved