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VOLUME LXXXII JUNE 28, 2017
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 June 28, 2017, in
the Heritage Ballroom, located at The Centre, 100 Symphony Way. The meeting was called to
order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Ardella Gibson
from the Mission and Spiritual Care for Sherman Advocate Hospital and the Pledge of
Allegiance was led by Councilmember F. John Steffen.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE JUNE 14, 2017, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve the
June 14, 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor
Kaptain. Nays: None. Councilmember Dunne abstained.
COMMUNICATIONS
19th Annual Citizenship Recognition Program
Retired Federal Judge Manuel Barbosa acted as emcee and members of the Elgin Choral Union
sang two selections. Karen Oswald outlined the process to achieve citizenship and Ana Maria
Hinkhouse spoke about her experiences in obtaining U.S. citizenship. Each new citizen was
recognized by name and they were congratulated by the Mayor, members of Council, as well as
representatives from the offices of Representative Anna Moller, Senator Cristina Castro and
Congressman Raja Krishnamoorthi.
Altrusa International Club 100th Anniversary Proclamation
Mayor Kaptain read the following proclamation:
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PROCLAMATION
WHEREAS, Altrusa International was founded in Nashville, Tennessee in 1917 as a
record number of women were going to work in World War I and there was a need for women’s
civic organizations; and
WHEREAS, Mamie L. Bass of Indianapolis organized the first convention in
Indianapolis in 1918 and transformed Altrusa into a classified women’s service organization; and
WHEREAS, Altrusa has grown into an International service organization with clubs
worldwide and a focus on improving literacy; and
WHEREAS, The Altrusa International Club of Elgin, Inc., was begun in 1946 and
officially chartered in 1947 and has contributed greatly to multiple civic, social service,
educational, health care and arts organizations throughout the community over its seven decades;
and
WHEREAS, It is appropriate to recognize and honor both the Altrusa International
organization and its local chapter on the occasion of the organization’s centennial year.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
proclaim Wednesday, June 28, 2017 as Altrusa International Day.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of June, 2017.
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Cliff Olson stated his concerns regarding parking in the Garden Quarter area, specifically on
Crescent Drive.
Sandra Schmulbach also stated her concerns regarding parking in the Garden Quarter
neighborhood.
BID 17-030 2017 AWARDED TO ORANGE CRUSH, LLC FOR THE 2017 STREET
RESURFACING PROGRAM – EAST
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award the 2017
Street Resurfacing Program-East bid to Orange Crush, LLC in the amount of $2,070,031 to
provide pavement maintenance on various city streets. Upon a roll call vote: Yeas:
Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
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211
BID 17-032 2017 AWARDED TO PLOTE CONSTRUCTION, INC. FOR THE 2017
STREET RESURFACING PROGRAM – SOUTHWEST
Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the 2017
Street Resurfacing Program-Southwest bid to Plote Construction, Inc. in the amount of
$3,815,848 to provide pavement maintenance on various city streets. Upon a roll call vote:
Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen,
and Mayor Kaptain. Nays: None.
RESOLUTION 17-93 ADOPTED ACCEPTING THE PROPOSAL OF ALLIANT
PROPERTY INSURANCE PROGRAM FOR THE CITY OF ELGIN'S PROPERTY,
INLAND MARINE AND CYBER LIABILITY INSURANCE
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-93
RESOLUTION
ACCEPTING THE PROPOSAL OF ALLIANT PROPERTY INSURANCE PROGRAM
FOR THE CITY OF ELGIN’S PROPERTY, INLAND MARINE
AND CYBER LIABILITY INSURANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the City of Elgin hereby accepts Alliant Property Insurance Program's renewal
proposal for the City of Elgin’s property, inland marine and cyber liability insurance commencing
July 1, 2017 through June 30, 2018, for an annual premium of $227,144.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to
execute all documents necessary and incident to such proposal of Alliant Property Insurance
Program for the City of Elgin’s property, inland marine and cyber liability insurance program.
s/ David J. Kaptain
David J. Kaptain, Mayor
JUNE 28, 2017 VOLUME LXXXII
212
Presented: June 28, 2017
Adopted: June 28, 2017
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-94 TABLED AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT WITH ELGIN CHARTER SCHOOL INITIATIVE, ALSO KNOWN AS
ELGIN MATH AND SCIENCE ACADEMY CHARTER SCHOOL, REGARDING
LEASING A PORTION OF THE FORMER FOX RIVER COUNTRY DAY SCHOOL
PROPERTY COMMONLY KNOWN AS 1600 DUNDEE AVENUE, ELGIN, ILLINOIS
Councilmember Powell made a motion, seconded by Councilmember Martinez, to table
Resolution 17-94 until the next Council Meeting to be held on July 12, 2017. Upon a roll call
vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw,
and Mayor Kaptain. Nays: None. Councilmember Steffen abstained.
ORDINANCE G26-17 PASSED AMENDING SECTION 6.06.050 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LICENSES: NUMBER TO BE
ISSUED:" TO AMEND THE NUMBER OF AVAILABLE LICENSES FOR VARIOUS
LIQUOR LICENSE CLASSIFICATIONS
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G26-17
AN ORDINANCE
AMENDING SECTION 6.06.050 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED “LICENSES; NUMBER TO BE ISSUED:”
TO AMEND THE NUMBER OF AVAILABLE LICENSES
FOR VARIOUS LIQUOR LICENSE CLASSIFICATIONS
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
WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to
VOLUME LXXXII JUNE 28, 2017
213
amend the number of available licenses for various liquor license classifications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Licenses; Number To Be Issued:" be and is hereby further amended by amending
subparagraphs A, M, N, and Q with respect to the number of available Class A, Class E, Class E-
1, and Class F licenses to read as follows:
"A. The number of class A licenses shall not exceed eleven (11) in number.
M. The number of class E licenses shall not exceed ten (10) in number.
N. The number of class E-1 licenses shall not exceed five (5) in number.
Q. The number of class F licenses shall not exceed seven (7) in number."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force upon its passage and publication
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Passed June 28, 2017
Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G27-17 PASSED AUTHORIZING EXECUTION OF SECOND
AMENDMENT TO CONTRACT FOR PURCHASE AND SALE WITH ST. JOSEPH
CHURCH REGARDING THE SALE OF 115-121 CENTER STREET
Corporation Counsel Cogley provided information on the proposed amendment to the agreement.
JUNE 28, 2017 VOLUME LXXXII
214
Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Martinez abstained.
Ordinance No. G27-17 AN ORDINANCE
AUTHORIZING EXECUTION OF SECOND AMENDMENT TO CONTRACT
FOR PURCHASE AND SALE WITH ST. JOSEPH CHURCH
REGARDING 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 Second Amendment to 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, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Passed June 28, 2017
Vote: Yeas: 8 Nays: 0 Abstain: 1
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G28-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR
DEALERS" WITH RESPECT TO REGULATIONS FOR THE CLASS R LIQUOR
LICENSE CLASSIFICATION
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: Councilmember Steffen.
VOLUME LXXXII JUNE 28, 2017
215
Ordinance No. G28-17
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
WITH RESPECT TO REGULATIONS FOR THE
CLASS R LIQUOR LICENSE CLASSIFICATION
WHEREAS, Section 5/4-1 of the Illinois Liquor Code (235 ILCS 5/4-1) authorizes cities
to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor,
and to establish such further regulations and restrictions upon the issuance of and operations under
local licenses not inconsistent with law as the public good and convenience may require; and
WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII, Section 6 of
the Illinois Constitution and may 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 of the
public health, safety, morals and welfare; and
WHEREAS, the regulation of alcoholic liquor dealers and the protection of the public
health, safety and welfare and providing for the public good and convenience are subjects within
the city's home rule authority pertaining to the city's government and affairs; and
WHEREAS, the city council finds that it is desirable to further amend certain liquor license
regulations with respect to the Class R liquor license classification; and
WHEREAS, the city council finds that the amendments as provided in this ordinance and
this ordinance are necessary to protect the public health, safety and welfare and are for the public
good and convenience; and
WHEREAS, the amendments as provided in this ordinance and this ordinance are
authorized by law and adopted pursuant to the city's home rule authority.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the foregoing recitals are incorporated into and made part of this
ordinance, as findings of the city council.
Section 2. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended,
entitled "License Classes; Fees:" be and is hereby further amended by amending subparagraph R1
thereof which relates to the Class R liquor license classification as follows:
"Class R: For the retail sale by a nightclub, on the premises specified, of alcoholic liquor
for consumption on the premises only for establishments located in the CC1 center city
zoning district and east of the Fox River. A licensee holding a class R license may sell or
permit to be sold alcoholic liquors only on Fridays and Saturdays from twelve o'clock
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216
(12:00) P.M. until four o'clock (4:00) A.M. the following day and on Mondays through
Thursdays from twelve o'clock (12:00) P.M. until three o'clock (3:00) A.M. the following
day. A licensee holding a class R license may also sell or permit to be sold alcoholic liquors
on the Wednesday immediately preceding Thanksgiving Day from twelve o'clock (12:00)
P.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from twelve
o'clock (12:00) P.M. until four o'clock (4:00) A.M. the following day. In the event a
nightclub seeking a class R license is a private club with admission limited to members and
their guests only, the application and any license issued for such an establishment shall so
provide admission and the sale of alcohol at such an establishment shall be limited to
members and their guests only. The license fee per year is three thousand eighty dollars
($3,080.00)."
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Passed June 28, 2017
Vote: Yeas: 8 Nays: 1
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember
Steffen, to pass Ordinance Nos. G21-17 through G25-17, as well as G29-17, and adopt
Resolution Nos. 17-85 through 17-92 as well as 17-95 by omnibus vote. Upon a roll call vote:
Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXII JUNE 28, 2017
217
RESOLUTION 17-85 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES, INC. FOR
CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING
SERVICES IN CONNECTION WITH THE 2017 STREET RESURFACING PROGRAM-
NORTHWEST PROJECT
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-85
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH TROTTER AND ASSOCIATES, INC. FOR CONSTRUCTION ADMINISTRATION
AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION
WITH THE 2017 STREET RESURFACING PROGRAM-NORTHWEST PROJECT
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 Amendment Agreement No. 1 on behalf of the City of Elgin
with Trotter and Associates, Inc. for construction administration and construction engineering
services in connection with the 2017 Street Resurfacing Program-Northwest Project, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JUNE 28, 2017 VOLUME LXXXII
218
RESOLUTION 17-86 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 1 WITH HR GREEN, INC. FOR CONSTRUCTION
ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN
CONNECTION WITH THE 2017 BRIDGE REHABILITATION PROGRAM PROJECT
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-86
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH HR GREEN INC. FOR CONSTRUCTION ADMINISTRATION AND
CONSTRUCTION ENGINEERING SERVICES IN CONNECTION
WITH THE 2017 BRIDGE REHABILITATION PROGRAM PROJECT
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 Amendment Agreement No. 1 on behalf of the City of Elgin
with HR Green, Inc. for construction administration and construction engineering services in
connection with the 2017 Bridge Rehabilitation Program Project, a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-87 ADOPTED ESTABLISHING PREVAILING WAGE RATES ON
PUBLIC WORKS CONTRACTS
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXII JUNE 28, 2017
219
Resolution No. 17-87
RESOLUTION
ESTABLISHING PREVAILING WAGE RATES
ON PUBLIC WORKS CONTRACTS
WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers,
mechanics, and other workers employed in any public works by the State, county, city or any
public body or any political subdivision or by anyone under contract for public works, (the
"Prevailing Wage Act")" requires that any public body awarding any contract for public work, or
otherwise undertaking any public works as defined herein, shall ascertain the general prevailing
hourly rate of wages for employees engaged in such work; and
WHEREAS, the Illinois Department of Labor has determined the prevailing rate of wages
for construction work in Cook and Kane Counties in the State of Illinois.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that the most recent determination of the prevailing wages as made by the
Illinois Department of Labor of June 2017, copies of which are attached hereto and made a part
hereof by reference, are adopted by the City of Elgin. It shall be the obligation of any entity or
person who is required to pay the prevailing hourly rate of wages pursuant to the Prevailing Wage
Act to pay the prevailing wages in effect at that time as then most recently determined by the
Illinois Department of Labor.
BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall
include a stipulation to the effect that not less than the prevailing rate of wages as found by the
Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work
under the contract.
BE IT FURTHER RESOLVED that all contract bonds for public works shall include a
provision to guarantee the faithful performance of the prevailing wage clause as provided by
contract.
BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by
the Illinois Department of Labor shall be publicly posted and kept available for inspection by any
interested party.
BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply
to the prevailing hourly rate of wages in the locality for employment other than public works
construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a
certified copy of this resolution with the Secretary of State Index Division and the Department of
Labor of the State of Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
JUNE 28, 2017 VOLUME LXXXII
220
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-88 ADOPTED APPROVING CHANGE ORDER NO. 1 FOR THE
CONTRACT WITH FOX VALLEY FIRE AND SAFETY FOR FIRE ALARM
REPLACEMENT
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-88
RESOLUTION
APPROVING CHANGE ORDER NO. 1 FOR THE
CONTRACT WITH FOX VALLEY FIRE AND SAFETY
FOR FIRE ALARM REPLACEMENT
WHEREAS, the City of Elgin has heretofore entered into a contract with Fox Valley Fire
and Safety for fire alarm replacement; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is described
in Change Order No. 1 attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXII JUNE 28, 2017
221
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-89 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT
WITH K2N CREST FOR ROOF INSPECTION AND EVALUATION SERVICES IN
CONNECTION WITH THE ROOF EVALUATION PROJECT
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-89
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT
WITH K2N CREST FOR
ROOF INSPECTION AND EVALUATION SERVICES
IN CONNECTION WITH THE ROOF EVALUATION PROJECT
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 agreement on behalf of the City of Elgin with K2N Crest for
roof inspection and evaluation services in connection with the Roof Evaluation Project, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JUNE 28, 2017 VOLUME LXXXII
222
RESOLUTION 17-90 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT FOR WATERMAIN PURPOSES FROM PCUSIFII
RANDALL POINT 1, LLC (1380 MADELINE DRIVE)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-90
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A
PLAT OF EASEMENT FOR WATERMAIN PURPOSES
FROM PCUSIFII RANDALL POINT 1, LLC
(1380 Madeline 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 watermain purposes from PCUSIFII Randall Point
1, 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 watermain purposes to be recorded in the office of the Recorder of
Deeds of Kane County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-91 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS FOR WATERMAIN PURPOSES
(1380 MADELINE LANE)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXII JUNE 28, 2017
223
Resolution No. 17-91
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE
PUBLIC IMPROVEMENTS FOR WATERMAIN PURPOSES
(1380 Madeline Lane)
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
1380 Madeline Lane for watermain purposes. Acceptance of the public improvements will add
the following city-maintained facilities: approximately 2,994 lineal feet of 8-inch watermain; four
valves in four-foot vaults; eight fire hydrants, and all their respective appurtenances.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-92 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF
SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD
ASSOCIATION OF ELGIN FOR ECONOMIC DEVELOPMENT SERVICES
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-92
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT
WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN
FOR ECONOMIC DEVELOPMENT SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a purchase of services agreement on behalf of the City of Elgin
JUNE 28, 2017 VOLUME LXXXII
224
with the Downtown Neighborhood Association of Elgin for economic development services, a
copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G21-17 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY
PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1190 NORTH MCLEAN
BOULEVARD)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G21-17
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD
CORRIDOR OVERLAY DISTRICT
(1190 North McLean Boulevard)
WHEREAS, written application has been made for a conditional use at 1190 North
McLean Boulevard; and
WHEREAS, the zoning lot with the building containing the premises at 1190 North
McLean Boulevard is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the AB Area Business District and ARC
Arterial Road Corridor Overlay District, and accessory package liquor sales establishment [SR]
(UNCL) is listed as a conditional use within the AB Area Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on May 1, 2017 following due notice by publication; and
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225
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use
in the AB Area Business District, pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated May 1, 2017, 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 an accessory package liquor sales establishment
[SR] (UNCL) is hereby granted for the property commonly known as 1190 North McLean
Boulevard and commonly identified by Kane County Property Identification Number (PIN) 06-
03-351-034, and legally described as follows:
Lot 2 of Hill-Newby Subdivision of Lot 1 of Commerce Center Subdivision, being a
subdivision of part of the Southwest Quarter of Section 3, Township 41 North, Range 8
East of the Third Principal Meridian being situated 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 Elgin
Convenience 1 INC, as applicant, and RPT Enterprises LLC, as property owner,
received March 10, 2017, and supporting documents including:
a. Undated Statement of Purpose and Conformance, received March 10, 2017;
b. Alta/ACSM Land Title Survey, prepared by John D. Rebik & Associates, dated
July 25, 2016;
c. Undated Building Floor Plan, prepared by Kolbrook Design, received March 8,
2017;
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226
d. Undated two-page Building Elevations plans, prepared by Kolbrook Design,
received March 8, 2017;
e. Landscape As-Built plan, prepared by Lannert Group, dated February 7, 2017;
f. Undated BP To Go Store Interior – Elgin, IL plan, received January 30, 2017;
g. Undated BP To Go Store Exterior – Elgin IL plan, received January 30, 2017;
h. Monument street graphic plan, prepared by Blair Companies, dated September 6,
2016; and
i. Undated monument street graphic landscape detail plan, received January 30,
2017.
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: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G22-17 PASSED RECLASSIFYING TERRITORY IN THE CI
COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS
DISTRICT (1325 EAST CHICAGO STREET)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXII JUNE 28, 2017
227
Ordinance No. G22-17
AN ORDINANCE
RECLASSIFYING TERRITORY IN THE
CI COMMERCIAL INDUSTRIAL DISTRICT TO
PAB PLANNED AREA BUSINESS DISTRICT
(1325 East Chicago Street)
WHEREAS, written application has been made to reclassify certain property located at
1325 East Chicago Street from CI Commercial Industrial District to PAB Planned Area Business
District; and
WHEREAS, the zoning lot with the building containing the premises at 1325 East Chicago
Street is legally described herein (the “Subject Property”); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on May 1, 2017 following due notice by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a planned
development as a map amendment from CI Commercial Industrial to PAB Planned Area Business
District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated May 1, 2017, 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.
JUNE 28, 2017 VOLUME LXXXII
228
Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official
Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are
hereby altered by including in the PAB Planned Area Business District the following
described property:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF
LOVELL ROAD WITH THE SOUTH LINE OF STATE ROUTE NO.19; THENCE
SOUTH 07 DEGREES, 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTER
LINE, A DISTANCE OF 1023.36 FEET; THENCE NORTH 82 DEGREES, 40
MINUTES, 00 SECONDS WEST, A DISTANCE OF 151.97 FEET; THENCE
NORTHWESTERLY AND NORTHERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 348.0 FEET AND BEING TANGENT TO THE LAST
DESCRIBED COURSE, A DISTANCE OF 531.48 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE LAST
DESCRIBED CURVE, A DISTANCE OF 40.09 FEET; THENCE NORTHERLY
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2003.0 FEET AND BEING
TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 525.0 FEET TO
THE SOUTHERLY RIGHT-OF-WAY OF STATE ROUTE 19; THENCE WESTERLY
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, BEING ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 1793.60 FEET, A DISTANCE OF 322.64 FEET
TO A CUSP AND THE NORTHEAST CORNER OF A PARCEL TAKEN FOR RIGHT-
OF-WAY PURPOSES; THENCE SOUTH 72 DEGREES, 04 MINUTES, 50 SECONDS
EAST, 78.75’ FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE
NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
1803.60, A DISTANCE OF 214.61 TO THE SOUTHWEST CORNER OF SAID
PARCEL; THENCE SOUTH 09 DEGREES, 25 MINUTES, 29 SECONDS WEST, A
DISTANCE OF 483.76; THENCE SOUTH 76 DEGREES, 23 MINUTES, 07 SECONDS
EAST, 489.34 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN,
COUNTY OF COOK, STATE OF ILLINOIS.
(commonly known as 1325 East Chicago Street).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI
Commercial Industrial District to PAB Planned Area Business District at 1325 East Chicago Street
which shall be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PAB Planned Area Business District is to
provide commodities and services to several neighborhoods, and in some instances
to a communitywide or regional supporting population, subject to the provisions of
Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended.
A PAB zoning district is most similar to, but departs from the standard requirements
of the AB zoning district.
VOLUME LXXXII JUNE 28, 2017
229
B. Supplementary Regulations. Any word or phrase contained herein, followed by the
symbol “[SR]”, shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin
Municipal Code, as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PAB Planned Area Business District, the use and
development of land and structures shall be subject to the provisions of Chapter
19.05 “General Provisions”, of the Elgin Municipal Code, as amended.
D. Zoning Districts; Generally. In this PAB Planned Area Business District, the use
and development of land and structures shall be subject to the provisions of Chapter
19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended.
E. Location and Size of District. PAB Planned Area Business Districts should be
located in substantial conformance to the official comprehensive plan. The amount
of land necessary to constitute a separate PAB Planned Area Business District
exclusive of rights of way, but including adjoining land or land directly opposite a
right of way shall not be less than two (2) acres. No departure from the required
minimum size of a planned business district shall be granted by the City Council.
F. Land Use. In this PAB Planned Area Business District, the use and development
of land and structures shall be subject to the provisions of Chapter 19.10 “Land
Use”, of the Elgin Municipal Code, as amended. The following land uses shall be
the only permitted uses allowed within this PAB zoning district:
“Motor vehicle dealers (5994), and accessory uses customarily accessory to such
motor vehicle dealers, including without limitation: the sale of used automobiles;
the sale of automobile parts and tires; the performance of automobile service,
repairs and maintenance; the operation of a car wash for dealership and customer
vehicles; and in-house financial services pertaining to automobile sales.”
G. Site Design. In this PAB Planned General District, the use and development of
land and structures shall be subject to the provisions of Section 19.12, “Site
Design”, of the Elgin Municipal Code, as amended, Section 19.35.435 “Site
Design” for AB Area Business District, of the Elgin Municipal Code, as amended,
except as provided within this section, and shall be in substantial conformance with
the following documents:
1. Substantial conformance to the Development Application and supporting
documents submitted by Biggers Mitsubishi, as applicant, and Leslie Schwartz,
as property owner, including the following materials:
a. Statement of Purpose and Conformance-Biggers Mitsubishi-1325 E.
Chicago St. letter, dated April 13, 2017, from A. William Styczynski,
Architect;
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230
b. Letter from Joseph M. Miceli, President of Biggers Mitsubishi, dated March
14, 2017;
c. Landlord Letter of Consent, dated March 13, 2017, from Leslie Schwartz;
d. Plat of Survey, prepared by Hattendorf Land Surveying, P.C., dated March
14, 2017;
e. Site Plan, prepared by Studio21 Architects, dated March 16, 2017;
f. Entry Plan, prepared by Studio21 Architects, dated March 16, 2017;
g. Undated Front Elevation Plan, received March 24, 2017;
h. Undated West and East Elevation plan, received March 24, 2017; and
i. Building Elevations plan, prepared by Studio21 Architects, dated April 13,
2017.
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.
H. Off Street Parking. In this PAB Planned Area Business District, off-street parking
shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin
Municipal Code, as amended.
I. Off Street Loading. In this PAB Planned Area Business District, off-street loading
shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the
Elgin Municipal Code, as amended.
J. Signs. In this PAB Planned Area Business District, signs shall be subject to the
provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended,
except as provided for within Ordinance G22-09 entitled “An Ordinance
Establishing Special Regulations for Street Graphics for the Route 19/East Chicago
Street Area of Special Character”, and shall be in substantial conformance with the
following documents:
1. The maximum number of primary wall graphics on the east side of the building,
excluding the “service bay identification signs” shall be two (2).
2. The maximum size of primary wall graphics on the east side of the building,
excluding the “service bay identification signs” shall be 58.47 square feet.
3. The maximum surface area of one “service bay identification sign” on the east
side of the building shall be 23.88 square feet, and it need not be located above
a bay door.
4. The wall graphics on the east side of the building shall be in substantial
conformance with the following plans:
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231
a. Undated West and East Elevation plan, received March 24, 2017; and
b. Building Elevations plan, prepared by Studio21 Architects, dated April 13,
2017.
K. Planned Developments. In this PAB Planned Area Business District, the use and
development of the land and structures shall be subject to the provisions of Chapter
19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A
conditional use for a planned development may be requested by the property owner
without requiring an amendment to this PAB zoning district.
L. Conditional Uses. In this PAB Planned Area Business District, conditional uses
shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin
Municipal Code, as amended. A conditional use may be requested by the property
owner without requiring an amendment to this PAB zoning district.
M. Variations. In this PAB Planned Area Business District, variations shall be subject
to the provisions of Chapter 19.500 “Authorized Land Use Variations”, Chapter
19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”,
of the Elgin Municipal Code, as amended. A variation may be requested by the
property owner without requiring an amendment to this PAB zoning district.
N. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code,
as amended.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JUNE 28, 2017 VOLUME LXXXII
232
ORDINANCE G23-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR
DEALERS" TO CREATE A NEW CLASS Y LICENSE FOR ART GALLERIES
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G23-17
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
TO CREATE A NEW CLASS Y LICENSE FOR ART GALLERIES
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
WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to
create a new class of liquor license for art galleries.
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 relettering the existing
subparagraph U providing for a Class Z license to subparagraph V and by adding a new
subparagraph U thereto to read as follows:
“U. Class Y: For the service of alcoholic liquor limited to beer and wine
for consumption on the premises by an arts organization. A Class Y
licensee shall be limited to premises where a principal use thereof is an art
gallery and the service of alcoholic liquor shall be limited to offering
complimentary beer and wine for consumption on the premises only to
patrons in connection with special events of an artistic or cultural nature on
the premises. Alcoholic beverages shall not be served more than four (4)
hours in any one day and shall not be served more than eight (8) days per
month. There shall be no mandatory entrance fee or cover charge for events
at which alcoholic liquor is served. There shall be no self-service of
alcoholic beverages. Alcoholic beverages shall be served only between the
hours of 12:00 p.m. and 11:00 p.m. There shall be no exterior or interior
signage on the premises advertising the sale or service of alcoholic liquor.
The license fee per year is one hundred dollars ($100.00).”
VOLUME LXXXII JUNE 28, 2017
233
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 relettering the
existing subparagraph Y thereof providing for a limit on the number of Class Z licenses to
subparagraph Z and by adding a new subparagraph Y thereto to read as follows:
“Y. The number of class Y licenses shall not exceed one (1) in number.”
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 adding a reference to the class Y license.
Section 4. 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 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: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G24-17 PASSED AMENDING CHAPTER 19.50 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS"
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JUNE 28, 2017 VOLUME LXXXII
234
Ordinance No. G24-17
AN ORDINANCE
AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "STREET GRAPHICS"
WHEREAS, written application has been made to amend Chapter 19.50 of the Elgin
Zoning Ordinance entitled "Street Graphics"; and
WHEREAS, the Planning and Zoning Commission has held a public hearing concerning
the proposed amendments after due notice in the manner provided by law; and
WHEREAS, the Planning and Zoning Commission has submitted its written findings and
recommendation that the requested amendments be granted; and
WHEREAS, the City Council concurs in the findings and recommendation of the Planning
and Zoning Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including but not limited to, regulations in the city's zoning ordinance
relating to street graphics, pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the findings of facts
dated May 1, 2017, made by the Planning and Zoning Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2. That Section 19.50.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Statement of Purpose" be and is hereby further amended to read as follows:
"The purpose of this chapter is to create the legal framework for a comprehensive
and balanced system of street graphics that will preserve the right of free speech
and expression, provide easy and pleasant communication between people and their
environment, and avoid the visual clutter or distraction that are potentially harmful
to traffic and pedestrian safety, property values, business opportunities, and
community appearance. With these purposes in mind, it is the intent of this chapter
to authorize the use of street graphics to:
A. Promote the free flow of traffic and protect pedestrians and motorists from
injury and property damage caused by, or which may be fully or partially
attributable to cluttered, distracting, or illegible signage;
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235
B. Promote the use of graphics which are aesthetically pleasing, of appropriate
scale, and integrated with surrounding buildings and landscape, in order to
meet the community's expressed desire for quality development;
C. Provide functional flexibility, encourage variety, and create an incentive to
relate signing to basic principles of good design;
D. Assure that public benefits derived from expenditures of public funds for
the improvement and beautification of streets, and other public structures
and spaces, are protected by exercising reasonable controls over the
character and design of graphic structures;
E. Provide an improved visual environment and to protect prominent view
sheds within the community by authorizing the use of street graphics that
are:
1. Compatible with their surroundings;
2. Appropriate to the activity that displays them;
3. Expressive of the identity of individual activities and the community
as a whole;
4. Legible in the circumstances in which they are seen; and
5. Unlikely to distract drivers to a dangerous degree.
F. Provide regulations which preserve the right of free speech and expression."
Section 3. That Section 19.50.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended as follows:
By amending the definition of a "BANNER" to read as follows:
"BANNER: A graphic composed of a visual display on lightweight
material either enclosed or not enclosed in a rigid frame and secured or
mounted to allow motion caused by the atmosphere."
By deleting therefrom the definition of a "COMMERCIAL GRAPHIC".
By adding thereto the following definition of a "GOVERNMENT GRAPHIC":
"GOVERNMENT GRAPHIC: A government graphic is a graphic that is
constructed, placed or maintained by the federal government, state
government, or city on federal government, state government, or city-
owned or leased property, or a graphic that is required to be constructed,
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236
placed or maintained by the federal government, state government, or city
either directly or to enforce a property owner's rights."
By deleting therefrom the definition of "NONCOMMERCIAL STREET
GRAPHIC".
By amending the definition of a 'OFF PREMISES STREET GRAPHICS" to read
as follows:
"OFF PREMISES STREET GRAPHICS: A street graphic that advertises
goods, products or services which are not sold, manufactured or distributed
on or from the premises or facilities on which the street graphic is located,
including, but not limited to, graphics commonly referred to as billboards."
By amending the definition of a "PENNANT" to read as follows:
"PENNANT: Any lightweight plastic, fabric or other material, suspended
from a rope, wire, or string, usually in series, designed to move in the wind."
By adding thereto the following definition of a "SNIPE GRAPHIC":
"SNIPE GRAPHIC: Any small graphic, generally of a temporary nature,
made of any material, when such graphic is stuck in the ground on a
property or tacked, nailed, posted, pasted, glued or otherwise attached to
trees, poles, stakes, fences, or other objects not owned, erected and
maintained by the owner of the graphic."
By amending the definition of a "STREET GRAPHIC" to read as follows:
"STREET GRAPHIC: A visual display which is affixed to, painted or
represented directly or indirectly upon a building, structure or other outdoor
surface designed to identify, announce, direct, or inform that is visible from
a public right of way. The term "street graphic" includes, but is not limited
to, banners, pennants, streamers, moving mechanisms, and lights. The terms
"street graphic" and "sign" are used interchangeably in this chapter and this
title."
By amending the definition of a "TEMPORARY STREET GRAPHIC" to read as
follows:
"TEMPORARY STREET GRAPHIC: A street graphic intended to be
displayed for a transitory or temporary period. Portable street graphics, or
any street graphic not permanently embedded in the ground or not
permanently affixed to a building or sign structure that is permanently
embedded in the ground, are considered temporary street graphics."
VOLUME LXXXII JUNE 28, 2017
237
By amending the definition of a "TEMPORARY WINDOW GRAPHIC" to read as
follows:
"TEMPORARY WINDOW GRAPHIC: A window graphic displayed for
a limited period of time, including a graphic made of paper and mounted
with tape or other like adhesive material to the interior of a window."
By adding thereto the following definition of a "VEHICLE GRAPHIC"
"VEHICLE GRAPHIC: Any graphic attached to or displayed on a vehicle."
Section 4. That Section 19.50.030 of the Elgin Municipal Code, 1976, as amended,
entitled "General Regulations" be and is hereby further amended by amending subparagraph D
thereof to read as follows:
"D. Any exempt street graphic, as enumerated in section 19.50.120 of
this chapter, and the following street graphics shall be the only street graphics
allowed in those zoning districts listed within subsections 19.07.300B, "Residence
Conservation Districts", and C, "Residence Districts" of this title, except as
otherwise specifically regulated by this chapter, and with the noted exceptions:
1. Canopy graphics, in the MFR multiple-family residence district only.
2. Directional graphics.
3. Subdivision entrance graphics.
4. Temporary street graphics allowed under Section 19.50.090H1.
5. Flags.
6. Building Markers.
Section 5. That Section 19.50.030 of the Elgin Municipal Code, 1976, as amended,
entitled "General Regulations" be and is hereby further amended by adding a new subparagraph E
thereto to read as follows:
"E. All street graphics containing only non-commercial messages are
deemed to be on premise street graphics."
Section 6. That Section 19.50.080 of the Elgin Municipal Code, 1976, as amended,
entitled "Wall and Integral Roof Graphics" be and is hereby further amended by amending
subparagraph H thereof entitled "Window Graphic" to read as follows:
"H. Window Graphic: Window graphics may be located on the interior
or the exterior of a window, and may be visible from the exterior of a building or
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238
structure regardless of the manner in which it is attached or mounted. Window
graphics shall be considered wall graphics and shall be limited in size to no more
than twenty-five percent (25%) of the window area. Window graphics shall be
deducted from the total allowable graphic surface area for wall graphics for each
occupant or building on each zoning lot, however, window graphics shall not be
counted against the maximum number of wall graphics otherwise allowed.
Window graphics shall be allowed only in the CF community facility district, RB
residence business district, NB neighborhood business district, AB area business
district, CC1 center city district, CC2 center city district and the ORI office research
industrial district, GI general industrial district and CI commercial industrial district
zoning districts."
Section 7. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph H
thereof with respect to temporary graphics to read as follows:
"H. Temporary Graphic: A temporary graphic may be located only in
compliance with the provisions of this section and the other provisions of this
chapter. Temporary graphics shall not be placed less than five (5) feet from any
other privately owned property. Temporary graphics shall not be illuminated. If
building mounted, temporary graphics must be flush mounted and must not project
above the roof line.
1. Temporary graphics are allowed in all zoning districts as follows:
a. A property owner may place one (1) temporary graphic with a
surface area no larger than three (3) square feet on the property at
any time. This section does not include snipe graphics.
b. A property owner may place a temporary graphic no larger than 8.5
inches by 11 inches in one (1) window on the property at any time.
c. One (1) temporary graphic that is not a snipe graphic may be located
on a property when:
(1) The property owner consents and that property is
being offered for sale or lease through a licensed real estate
agent.
(2) If not offered for sale or lease through a real estate
agent, when the graphic is owned by the property owner and
that property is offered for sale or lease by the property
owner through advertising in a local newspaper of general
circulation or on an internet based real estate website.
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(3) Such temporary graphic shall be removed within
seven (7) days of the consummation of the sale of the
property or the execution of a lease for the property.
(4) Such temporary graphic shall not exceed six (6)
square feet in surface area on a property that is less than one
(1) acre, shall not exceed thirty-two (32) square feet in
surface area on a property that is one (1) acre but less than
five (5) acres, and shall not exceed eighty (80) square feet in
surface area on a property that is five (5) acres or more.
d. One (1) temporary graphic with a surface area no larger than three
(3) square feet may be located on the owner's property on the day
prior to and on a day when the property owner is opening the
property to the public; provided, however, the owner may not use
this type of graphic in a residential district more than three (3) times
in a year for no more than four (4) consecutive days each and may
not use this type of graphic in any non-residential zoning district for
more than fourteen (14) days in a year and the days must be
consecutive. For the purposes of this section, a year shall consist of
a calendar year. This section does not authorize snipe signs.
e. One (1) temporary graphic that is not a snipe graphic may be located
on a property when:
(1) The property owner consents, and a building permit
has been issued for the property and active construction is
taking place on the property.
(2) Such temporary graphic shall be removed upon the
earlier of the issuance of an occupancy permit, temporary or
otherwise, for the property or twelve (12) months from the
date the building permit was issued. For construction that
does not result in the issuance of an occupancy permit, the
temporary graphic shall be removed upon the earlier of the
completion of inspections by the City or twelve (12) months
from the date the building permit was issued.
(3) Such temporary graphic shall not exceed six (6)
square feet in surface area on a property that is less than one
(1) acre, shall not exceed thirty two (32) square feet in
surface area on a property that is one (1) acre but less than
five (5) acres, and shall not exceed eighty (80) square feet in
surface area on a property that is five (5) acres or more.
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f. For the purposes of this Section 19.50.090H, the lessee of a property
is considered the property owner as to the property the lessee holds
a right to use exclusive of others (or the sole right to occupy). The
terms of a lease or other agreement under which the property is
occupied controls in determining whether the property is occupied
exclusively by a lessee. If there are multiple lessees of a property,
then each lessee must have the same rights and duties as the property
owner as to the property the lessee leases and has the sole right to
occupy and the size of the property must be deemed to be the
property that the lessee has the sole right to occupy under the lease.
g. A property owner may not accept a fee for posting or maintaining a
temporary graphic allowed under this Section 19.50.090H1 and any
graphic that is posted or maintained in violation of this provision is
prohibited.
h. In the zoning districts listed within subsections 19.07.300B
"Residence Conservation Districts" and C "Residence Districts" of
this title, or on any property used for nontransient residential uses,
commercial graphics are prohibited.
2. Temporary graphics are also allowed only in those zoning districts listed
within subsections 19.07.300D, "Community Facility Districts", E,
"Business Districts", and F, "Industrial Districts" of this title, as follows:
a. Temporary graphics allowed under this Section 19.50.090H2 shall
be limited to only those "principle uses" [SR] with a valid certificate
of occupancy (which includes certificates of reoccupancy and
temporary certificates of occupancy) or those uses established as a
temporary use in accordance with Section 19.90.015, "Use,
Temporary", of this title.
b. Maximum Size: No temporary graphic shall exceed thirty two (32)
square feet in surface area or ten (10) linear feet in height. The
number and surface area of temporary graphics shall not limit the
number or surface area of other allowable street graphics on a
"zoning lot" [SR].
c. Type: Temporary graphics shall be constructed of weatherproof
materials either erected as a ground graphic or attached to a
"building" [SR] or "fence or wall" [SR] in the manner of a wall
graphic. No temporary graphic shall include pennants or portable
graphics.
d. Maximum Number:
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(1) No more than one temporary graphic shall be
allowed upon a "zoning lot" [SR] at any time.
(2) On a "zoning lot" [SR] containing three (3) or fewer
"principal uses" [SR] which have received a certificate of
occupancy, the total number of temporary graphics
displayed during a calendar year, including those for
"temporary uses" [SR], shall not exceed six (6).
(3) On a "zoning lot" [SR] containing four (4) or more
"principal uses" [SR] which have received a certificate of
occupancy, the total number of temporary graphics
displayed during a calendar year, including those for
"temporary uses" [SR], shall not exceed twelve (12).
(4) On a "zoning lot" [SR] containing more than one
"principal use" [SR] which has received a certificate of
occupancy, no one "principal use" [SR] shall display more
than four (4) temporary graphics during a calendar year.
e. Duration of Display for Uses with a Certificate of Occupancy: A
"principal use" [SR] which has received a certificate of occupancy
may display a temporary graphic for not more than fifteen (15)
consecutive days.
f. Duration Of Display For Uses Established As A Temporary Use: A
"temporary use" [SR] established in accordance with section
19.90.015, "Use, Temporary", of this title may display a temporary
graphic seven (7) days in advance of, and on every day during the
operation of, the "temporary use" [SR]. For an "intermittent
temporary use" [SR] on a "zoning lot" [SR] containing no other
permanent street graphics, the temporary graphic may also be
displayed on all days during the approved fixed period of time, even
though the "intermittent temporary use" may not actually be
operating or otherwise open or available to the general public.
g. Location: A temporary graphic shall only be located upon the zoning
lot on which the "principal use" [SR] or temporary use is
established.
h. Permit and Sticker Requirements:
(1) A permit for a temporary graphic shall state the start
and end display dates for the graphic, and the permit may be
valid for more than one such display period. Once issued,
that permit may only be amended in the same manner as the
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issuance of a new permit, including the payment of a new
permit fee.
(2) All temporary graphics shall conspicuously display
an approval sticker issued by the city which includes the
permit number and authorized display dates.
3. Temporary graphics are also allowed only in those zoning districts listed
within subsections 19.07.300D, "Community Facility Districts", E
"Business Districts" and F "Industrial Districts" of this title, whereby one
(1) temporary sign per one-quarter (.25) acre of land may be located on the
owner's property for a period of sixty (60) days prior to an election involving
candidates for a federal, state or local office that represents the district in
which the property is located or involves an issue on the ballot of an election
within the district where the property is located per issue and per candidate.
Where the size of the property is smaller than one-quarter (.25) acres, these
temporary graphics may be posted on the property for each principal
building [SR] lawfully existing on this property. This section does not
authorize snipe signs. Such temporary graphics shall not exceed thirty-two
(32) square feet in surface area, or exceed ten (10) feet in height.
Section 8. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph I
thereof entitled "Electronic Changeable Copy Graphic" to read as follows:
"I. Electronic Changeable Copy Graphic: An electronic changeable
copy graphic may be located only in compliance with the provisions of this section
and the other provisions of this chapter.
1. Type: All electronic changeable copy graphics shall be part of a monument
graphic.
2. Zoning District Districts And Maximum Number: Electronic changeable
copy graphics shall be allowed only in the CF community facility district,
NB neighborhood business district, the AB area business district, the ORI
office research industrial district, CC2 center city district, the GI general
industrial district and the CI commercial industrial district, as well as the
like planned development districts.
3. Maximum Size: The maximum size of the total electronic display panel(s)
of an electronic changeable copy graphic shall be the lesser of:
a. No more than fifty percent (50%) of the total allowable maximum
surface area for the monument graphic in which the electronic
display area is to be located; or
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b. Forty (40) square feet for a monument graphic; or
c. One hundred (100) square feet for a shopping center identification
monument graphic.
Said panel(s) is not limited to a specific height or length, except that one
measure cannot be less than twenty-five percent (25%) of the other measure.
4. Location: No electronic changeable copy graphic shall be located within a
street yard adjoining a local street, or a collector street, where the property
located directly opposite the public right of way is located within a
Residence District or Residence Conservation District identified within
Subsections 19.07.300 B and C, respectively.
5. Restrictions: An electronic changeable copy graphic shall be operated in
compliance with the following standards:
a. Electronic changeable copy graphics shall display static messages
only with no animation, effects simulating animation or video. No
continuous traveling, scrolling, flashing, spinning, revolving, or
shaking, or any other type of movement or motion of an image shall
be allowed.
b. The rate of change for any image shall be a minimum of ten (10)
seconds, i.e. each image displayed shall be displayed for a minimum
period of ten (10) seconds.
c. Any message change sequence shall be accomplished immediately
with no transition by changing from one screen to another by means
of fade, dissolve, roll, or other like transitional feature.
d. Maximum brightness levels for electronic changeable copy graphics
shall not exceed five thousand (5,000) nits when measured from the
sign's face at its maximum brightness, during daylight hours, and
five hundred (500) nits when measured from the sign's face at its
maximum brightness between dusk and dawn, i.e., the time of day
between sunrise and sunset. Electronic changeable copy graphics
shall include a fully operational light sensor that automatically
adjusts the intensity of the graphic according to the amount of
ambient light.
e. Be designed to either freeze a display in one static position, display
a black screen, or turn off in the event of a malfunction.
f. An electronic changeable copy graphic shall not be operated, in
whole or in part, as an off premises street graphic.
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g. All free standing graphics upon the associated zoning lot, including
directional graphics, shall be in compliance with all applicable
requirements of this chapter and other applicable requirements of
law unless those requirements have been previously varied by City
Council approval of a planned development or an area of special
character. The monument graphic in which the electronic display
area is to be located shall include a masonry base.
6. Limited to Conforming Graphics: An electronic changeable copy graphic
may be located only as part of a monument graphic which is in compliance
with all applicable requirements of this chapter and other applicable
requirements of law. No electronic changeable copy graphic may be located
as part of a nonconforming street graphic or nonconforming street graphic
structure.
Section 9. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by adding a new subparagraph
J thereto entitled "Flags" to read as follows:
"J. Flags: Flags are permitted in all zoning districts. There shall be a
maximum of three (3) flags maintained on a zoning lot. The maximum size and
height of flags shall be determined by the speed limit of the public right-of-way
adjoining the yard within the zoning lot on which the flag is located in accordance
with the following requirements:
1. Speed limit of 30 mph or less: a flag shall not exceed twenty-five (25) feet
in surface area or twenty (20) linear feet in height.
2. Speed limit of 35 mph to 50 mph: a flag shall not exceed sixty (60) square
feet in surface area or forty (40) linear feet in height.
3. Speed limit of 55 mph or greater: a flag shall not exceed one hundred (100)
square feet in surface area or fifty (50) linear feet in height.”
Section 10. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by adding a new subparagraph
K thereto entitled "Building Marker Graphic" to read as follows:
"K. Building Marker Graphic: Building marker graphics are allowed in
all zoning districts. A building marker graphic shall be cut into a masonry surface
or made of bronze or other permanent material. There shall be a maximum of one
(1) building marker permitted for each principal building [SR] on a zoning lot. No
building marker shall exceed four (4) square feet."
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Section 11. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by adding a new subparagraph
L thereto entitled "Vehicle Graphics" to read as follows:
"L. Vehicle Graphics: Vehicle graphics, either permanently or
temporary, shall be posted only on vehicles that are licensed, insured and
operational. A vehicle graphic shall not be used for the primary purpose of being
parked at a location(s) to attract attention to the vehicle graphic."
Section 12. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited" be and is hereby further amended to read as follows:
"The following street graphics shall be prohibited in the city:
A. Graphics that by color, location, or design resemble or conflict with
traffic control graphics or signals.
B. Street graphics attached to light poles or standards.
C. Portable street graphics, except for temporary graphics authorized
in this chapter
D. A-frame graphics, except within the CC1 center city district or CC2
center city district zoning districts.
E. Projecting graphics, except within the CC1 center city district, CC2
center city district, NB neighborhood business district or AB area business district
zoning districts.
F. Roof graphics, except when designed in conjunction with an
architectural detail and approved by city council as part of a planned development
or as part of a development plan required by a planned development, and except
integral roof graphics. Authorized roof graphics designed in conjunction with an
architectural detail shall not count toward the allowable number and surface area of
other wall graphics.
G. Off premises graphics.
H. Vehicle graphics on unlicensed, uninsured or inoperable vehicles.
I. Any graphics that rotate, revolve, or have any visible moving part.
Any graphic that gives the appearance of movement.
J. Flashing graphics.
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K. Graphics that move mechanically. Mechanical changeable copy is
permitted if the graphic change is no more than once every twenty four (24) hours.
L. Bare bulb illumination.
M. Attention getting devices, including searchlights, festoon lighting,
pennants, banners, spinners, streamers, balloons, inflatable graphics and other
similar devices, or ornamentation designed for purposes of attracting attention or
promotion, except as otherwise expressly permitted in this chapter.
N. Any structure that constitutes a hazard to public health or safety
under the provisions of this code.
O. Painted wall graphics.
P. Pole graphics.
Q. Electronic video display graphics.
R. Street graphics erected on the right of way of any public or private
street, road or right of way, except street graphics required by federal, state or local
law to be erected by a governmental agency.
S. Neon tube lighting or light emitting diode (LED) lighting outlining
or illuminating the features of a "building" [SR] or "structure" [SR] including, but
not limited to, windows, but excluding sign bands when approved by city council
as part of a planned development or as part of a development plan required by a
planned development.
T. Obsolete copy. Notwithstanding the nonconforming provisions of
this chapter, all obsolete copy shall be removed within thirty (30) days of the
discontinuance of the activity which is the subject of said copy. Compliance with
the requirement to remove obsolete copy is not satisfied by reversing (i.e., turning
such copy so that it faces inward), rotating, altering, covering, or otherwise hiding
or obfuscating such copy. In the case of obsolete copy upon panels within a street
graphic frame, such panels shall be removed and replaced with a blank panel or
panel with lawful copy. Similarly, no street graphic frame shall remain unfilled or
allow any internal part or element of the street graphic structure to be visible, rather
such frames shall contain a blank panel or panel with lawful copy. Notwithstanding
the requirement in this section to remove obsolete copy, the development
administrator upon written application from the property owner may authorize
obsolete copy to remain on a street graphic located on a property within the CC1 or
CC2 center city zoning districts, or on a property within a designated historic
district or upon a designated historic landmark, upon a written finding by the
development administrator that the obsolete copy conforms to at least one of the
guidelines for retaining historic signs listed within the most recent version of
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247
preservation brief no. 25, "The Preservation Of Historic Signs" issued by the
national parks service, U.S. department of interior.
U. Snipe Graphics."
Section 13. That Section 19.50.120 of the Elgin Municipal Code, 1976, as amended,
entitled "Exempt" be and is hereby further amended by amending subparagraph A thereof to read
as follows:
"A. The following graphics shall be exempt from the regulations of this
chapter:
1. Street graphics required by law.
2. Government graphics.
3. A street graphic that cannot be viewed from a public right of way.
4. A street graphic carried by a person.
5. Street graphics owned by a governmental unit and located in a public right
of way.
6. Temporary outdoor graphics on residential property which municipalities
may not prohibit the display of pursuant to 65 ILCS 5/11-13-1(12);
provided, however, such graphics shall not exceed thirty-two (32) square
feet in surface area or ten (10) feet in height.
B. The number and surface area of any street graphic designated as
exempt within this section shall not limit the number or surface area of other
allowable street graphics on a zoning lot. Except as otherwise provided in this
section, any street graphic designated as exempt within this section shall be allowed
in any zoning district.
Section 14. That Section 19.50.160 of the Elgin Municipal Code, 1976, as amended,
entitled "Permits" be and is hereby further amended by amending subparagraph A thereof to read
as follows:
"A. Permit Required: No person shall erect or display a street graphic
unless the development administrator has issued a permit for the street graphic, or
unless this section exempts the street graphic from the permit requirement."
Section 15. That Section 19.50.160 of the Elgin Municipal Code, 1976, as amended,
entitled "Permits" be and is hereby further amended by adding a new subparagraph G thereto to
read as follows:
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"G. Exemptions. The following street graphics are exempt from the
permit requirement:
a. A street graphic exempted from the provisions of this chapter.
b. A temporary window graphic.
c. Flags.
d. Building marker graphics.
e. Temporary graphics allowed under Section 19.50.090H1 and Section
19.50.090H3.
f. Vehicle graphics."
Section 16. That Section 19.50.150 of the Elgin Municipal Code, 1976, as amended,
entitled "Amortization of Designated Nonconforming Street Graphics" be and is hereby repealed.
Section 17. 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 18. 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: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXII JUNE 28, 2017
249
ORDINANCE G25-17 PASSED AMENDING ORDINANCE NO. G19-17 TITLE 6 OF
THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "BUSINESS
LICENSES AND REGULATIONS" BY CREATING A NEW CHAPTER 6.96 THERETO
ENTITLED "CONFLICTS WITH CERTAIN HOME RULE ORDINANCES OF COOK
COUNTY"
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G25-17
AN ORDINANCE
AMENDING ORDINANCE NO. G19-17 TITLE 6 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED "BUSINESS LICENSES AND REGULATIONS"
BY CREATING A NEW CHAPTER 6.96 THERETO ENTITLED
"CONFLICTS WITH CERTAIN HOME RULE ORDINANCES OF COOK COUNTY"
WHEREAS, the City of Elgin, as a home rule unit of local government as provided by
Article VII, Section 6 of the Illinois Constitution of 1970, has the authority to exercise any power
and perform any function pertaining to its government and affairs except as limited by Article VII,
Section 6 of the Illinois Constitution of 1970; and
WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted
ordinance number 16-4229 that requires employers in "Cook County" to provide a minimum
number of paid sick days to employees ("Cook County Earned Sick Leave Ordinance"); and
WHEREAS, on October 26, 2016, the County of Cook Board of Commissioners adopted
ordinance number 16-5768 creating a minimum wage for employers in "Cook County" ("Cook
County Minimum Wage Ordinance"); and
WHEREAS, the State of Illinois is considering a unified statewide regulation and the City
of Elgin has employers in Kane and Cook Counties and wants to keep a unified set of rules
regarding sick days and minimum wages; and
WHEREAS, the City of Elgin finds that many businesses employ individuals that are
required to work across municipal and county borders within the Chicago metropolitan region and
throughout the State of Illinois, and the City of Elgin believes that employment-related laws are
best established at the Federal and State level; and
WHEREAS, Article VII, Section 6(c) of the Illinois Constitution provides that if a home
rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall
prevail within its jurisdiction; and
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WHEREAS, on June 14, 2017, the City Council of the City of Elgin adopted Ordinance
No. G19-17 opting out of the minimum hourly wages and paid sick leave ordinances of Cook
County; and
WHEREAS, Section 1 of Ordinance No. G19-17 included a scrivener's error in the
reference to a new Chapter 6.95, which should have been a new Chapter 6.96 of Title 6 of the
Elgin Municipal Code, 1976, as amended; and
WHEREAS, it is necessary to amend Section 1 of Ordinance No. G19-17, to correct such
scrivener's error to provide for correct references to a new Chapter 6.96.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, COOK AND KANE COUNTIES, ILLINOIS, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. G19-17, adopted by the City Council of
the City of Elgin on June 14, 2017, be and is hereby amended to read as follows:
That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses
and Regulations", be and is hereby further amended by adding a new Chapter 6.96 thereto entitled
"Conflicts with Certain Home Rule Ordinances of Cook County" to read as follows:
"Chapter 6.96
CONFLICTS WITH CERTAIN HOME RULE ORDINANCES OF COOK COUNTY
6.96.010: MINIMUM HOURLY WAGES AND PAID SICK LEAVE
A. Employers located within the City of Elgin shall comply with all applicable Federal
and/or State laws and regulations as such laws and regulations may exist from time to time with
regard to both the payment of minimum hourly wages and paid sick leave. Employee eligibility
for paid sick leave and minimum hourly wages shall also be in compliance with all applicable
Federal and/or State laws and regulations as such laws and regulations may exist from time to
time.
B. No additional obligations with regard to paid sick leave, or minimum hourly wages,
including, without limitation, any additional obligations by ordinances adopted by the County of
Cook Board of Commissioners, including but not limited to ordinance numbers 16-4229 and 16-
5768, shall apply to employers located within the City of Elgin, except those required by Federal
and/or State laws and regulations as such laws and regulations may exist from time to time.
C. For the purposes of this Section, the term "employee" means an individual
permitted to work by an employer regardless of the number of persons the employer employs, and
the term "employer" means any person employing one or more employees, or seeking to employ
one or more employees, if the person has its principal place of business within the City of Elgin or
does business within the City of Elgin.
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D. For the purposes of this Section, the term "employer" does not mean:
1. The government of the United States or a corporation wholly owned by the
government of the United States.
2. An Indian tribe or a corporation wholly owned by an Indian tribe.
3. The government of the State or any agency or department thereof; or
4. A unit of local government or a school district."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-95 ADOPTED REGARDING 209 FRANKLIN BOULEVARD AND
277-79 N. SPRING STREET, THE AMENDMENT OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN, CDBG AND NSPI
FUNDING AND TRANSFER OF PROPERTY TO FACILITATE NEW RESIDENTIAL
CONSTRUCTION AND REHABILITATION BY SPILLANE AND SONS, INC.
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JUNE 28, 2017 VOLUME LXXXII
252
Resolution No. 17-95
RESOLUTION
REGARDING 209 FRANKLIN BOULEVARD AND 277-279 N. SPRING STREET, THE
AMENDMENT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL
ACTION PLAN, CDBG AND NSP1 FUNDING AND TRANSFER OF PROPERTY TO
FACILITATE NEW RESIDENTIAL CONSTRUCTION AND REHABILITATION BY
SPILLANE AND SONS INC
WHEREAS, the City of Elgin ("City") owns property located at 209 Franklin Boulevard
and 277-279 N. Spring Street, Elgin, Illinois (“Elgin Properties") and has previously
demolished the residential structures located on the Elgin Properties; and
WHEREAS, said acquisition and demolition was undertaken, in part, with
Neighborhood Stabilizations Program (“NSP1”) funds awarded to the City by the U.S.
Department of Housing and Urban Development (“HUD”) and it is necessary to complete
the redevelopment of the Elgin Properties in a manner that complies with HUD guidelines
in order to properly close out the City’s NSP1 award; and
WHEREAS, Spillane and Sons, Inc. (“Developer”) is proposing to acquire the
adjacent single family rental property at 273 N. Spring Street for rehabilitation and resale in
accordance with the HUD guidelines; and
WHEREAS, in addition to the 273 N. Spring Street property, Developer is proposing
to take ownership of the Elgin Properties to facilitate a comprehensive redevelopment of this
highly visible corner within the Spring/Douglas Historic District resulting in one newly
constructed single family home and one rehabilitated single family home, both to be sold to
income-eligible homebuyers to serve as their principal residences (“Redevelopment
Project”); and
WHEREAS, the City is a member of the Kane-Elgin HOME Consortium, which has
allocated $504,000.00 in HOME Investment Partnership financing to Developer for the
Redevelopment Project; and
WHEREAS, Developer has proposed to utilize CDBG funds in the amount of
$74,786.61, and NSP1 funds in the amount of $42,780.89 for the construction and
rehabilitation work associated with the Redevelopment Project; and
WHEREAS, the proposed use of CDBG, NSP1 and HOME funds meets HUD’s
guidelines, and will address the affordable housing goals discussed in the Kane-Elgin
Consolidated Plan; and
VOLUME LXXXII JUNE 28, 2017
253
WHEREAS, it is necessary to amend the City of Elgin's Annual Action Plan for
Program Year 2016 in order to include the proposed project in the Plan and reallocate said
$74,786.61 in CDBG funds and $42,780.89 in NSP1 funds to it; and
WHEREAS, it is necessary to enter into Developer Agreements in order to address
the allocation of funding and agree to the terms of the property transfer and resulting
Redevelopment Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
1. That the City of Elgin Annual Action Plan for Program Year 2016 is hereby
amended to include a new project titled "Spring-Franklin Redevelopment
Project” which involves the transfer of property at 209 Franklin Boulevard
and 277-279 N. Spring Street and the acquisition of 273 N. Spring Street,
construction of a new single family home and rehabilitation of an existing
single family home; and that CDBG funds in the amount of $74,786.61 and
NSP1 funds in the amount of $42,780.89 are allocated to the new project.
2. That the attached Neighborhood Stabilization Program Development
Agreement between the City of Elgin with Spillane and Sons, Inc. regarding
the transfer of properties commonly known as and 209 Franklin Boulevard
and 277-279 N. Spring Street, the allocation and terms of NSP1 funds, and the
new construction and sale of one single family home is hereby approved, and
City Manager, Richard G. Kozal, and City Clerk, Kimberly A. Dewis, be and
are hereby authorized and directed to execute such agreement.
3. That the attached Community Development Block Grant Program
Development Agreement between the City of Elgin with Spillane and Sons,
Inc. regarding the allocation and terms of CDBG funds, the rehabilitation and
sale of the single family home at 273 N. Spring Street, and the construction
and sale of a single family home on the 209 Franklin Boulevard/277-279 N.
Spring Street site is hereby approved, and City Manager, Richard G. Kozal,
and City Clerk, Kimberly A. Dewis, be and are hereby authorized and
directed to execute such agreement.
BE IT FURTHER RESOLVED that the Director of the Community Development
Department is authorized to sign agreements, certifications, reports, and other documents
required to complete the project described herein, and to comply with HUD requirements.
s/ David J. Kaptain
David J. Kaptain, Mayor
JUNE 28, 2017 VOLUME LXXXII
254
Presented: June 28, 2017
Adopted: June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G29-17 PASSED AUTHORIZING EXECUTION OF A REAL ESTATE
CONTRACT BETWEEN THE CITY OF ELGIN AND SPILLANE AND SONS, INC.
REGARDING THE CONVEYANCE OF 277-79 N. SPRING STREET AND 209
FRANKLIN BOULEVARD, ELGIN, ILLINOIS
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G29-17
AN ORDINANCE
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT BETWEEN
THE CITY OF ELGIN AND SPILLANE AND SONS, INC.
REGARDING THE CONVEYANCE OF 277-79 N. SPRING STREET AND
209 FRANKLIN BOULEVARD, ELGIN, ILLINOIS
WHEREAS, Spillane and Sons, Inc. has proposed to redevelop the City of Elgin owned
properties at 277-79 N. Spring Street and 209 Franklin Boulevard with the construction of two
new single-family homes; and
WHEREAS, as part of such redevelopment, the City is agreeing to convey such properties
to Spillane and Sons, Inc., for a zero purchase price.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS that City Manager, Richard G. Kozal, and City Clerk, Kimberly A. Dewis, be
and are hereby authorized and directed to execute a real estate contract between the City of Elgin
and Spillane and Sons, Inc. for the conveyance of 277-79 N. Spring Street and 209 Franklin
Boulevard, Elgin, Illinois, to Spillane and Sons, Inc. for a zero dollar purchase price, and that the
form of such real estate contract shall be as approved by the Corporation Counsel.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXII JUNE 28, 2017
255
Presented: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Cultural Arts Commission, May 8, 2017
Emergency Telephone System Board, May 18, 2017
Heritage Commission, April 4, 2017
Heritage Commission – Design Review, May 23, 2017
Liquor Commission, May 10, 2017
Planning and Zoning Commission, May 1, 2017
Committee of the Whole, May 24, 2017
City Council Minutes, May 24, 2017
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Electricity Tax
Excise Tax
Alcoholic Liquor Tax
Video Gaming Revenue
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
JUNE 28, 2017 VOLUME LXXXII
256
ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 7:54 p.m.
s/ Kimberly Dewis July 12, 2017
Kimberly Dewis, City Clerk Date Approved