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SEPTEMBER 27, 2017 VOLUME LXXXII
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 September 27,
2017, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:06 p.m.
The Invocation was given by Reverend Janie McCutchen from the Second Baptist Church and
the Pledge of Allegiance was led by Police Chief Jeff Swoboda.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE SEPTEMBER 13, 2017, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the
2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers
Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
COMMUNICATIONS
Kane County Association for Home and Community Education Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Illinois Association for Home and Community Education was organized under the
name Illinois Home Bureau Federation for the purpose of improving rural living and family and
community life; and
WHEREAS, Illinois Association for Home and Community Education was initiated in July,
1915; an Advisor was hired by the University of Illinois to develop a home improvement
association. Kane County joined this University of Illinois Extension program in 1918;
and
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WHEREAS, Illinois Association for Home and Community Education evolved from Kane
County Home Bureau Federation to Kane County Homemakers Education Association to
the 2008 change, Kane County Association for Home and Community Education; and
WHEREAS, Kane County Association for Home and Community Education is based at the
University of Illinois Extension, 535 Randall Road, St. Charles, Illinois; and
WHEREAS, Kane County Association for Home and Community Education is dedicated to
addressing the issues of community outreach, cultural enrichment, family living, international
study, public relations and community involvement for the entire population of Kane
County, regardless of race color, national origin, sex, age or creed.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, congratulate
the Plato Center Unit of Kane County Association for Home and Community Education
and designate the week of October 8-14 as HCE week.
IN WITNESS WHEREOF, I have hereunto set my hand this 27th Day of September, 2017.
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Mayor Kaptain congratulated City Engineer Joe Evers on his upcoming retirement. The Mayor
highlighted his major accomplishments and wished him well in his future endeavors.
Joe Evers thanked the council, staff, family and friends for the support during his time with the
city.
Hank Lubo addressed the council regarding the approval item number nine on the agenda
relating to the lease with Center City Apartments.
BID 17-041 AWARDED TO ALL SERVICE CONTRACTING CORP. FOR GRANULAR
ACTIVATED CARBON FILTER MEDIA REMOVAL AND REPLACEMENT
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award the
Granular Activated Carbon Filter Media Removal and Replacement bid to All Service
Contracting Corp. in the amount of $125,968. Upon a roll call vote: Yeas: Councilmembers
Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
SEPTEMBER 27, 2017 VOLUME LXXXII
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CONTRACT AWARDED TO IONWAVE TECHNOLOGIES THROUGH THE
INTERLOCAL PURCHASING SYSTEM COOPERATIVE FOR ELECTRONIC
SUPPLIER BIDDING SOFTWARE
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a five-year
contract to Ionwave Technologies in the amount of $69,063 for electronic bidding software
through the TIPS Cooperative Agreement in order to provide cloud-based software to facilitate
electronic bidding and vendor self-identification for the city’s Responsible Bidder Ordinance.
Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PUBLIC HEARING FOR PETITION 20-16, AN APPLICATION FOR THE SECOND
AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENTS TO THE
PSFR2 AND PCF PLANNED DEVELOPMENT ORDINANCES, AND APPROVAL OF
THE PRELIMINARY PLAT AND FINAL PLATS FOR UNITS 1 AND 2, ALL FOR THE
PONDS OF STONY CREEK AT 4001 MCDONALD ROAD
Mayor Kaptain declared the public hearing open.
Marc Mylott, Community Development Director, provided an overview of Petition 20-16 which
would grant certain amendments and approval of certain plats for the Ponds of Stony Creek at
4001 McDonald Road. Staff and the Planning and Zoning Commission approved the petition
subject to the conditions outlined in the memo.
There was discussion regarding the maintenance of the bike path, the use of sprinklers,
stormwater, and the updated traffic study.
The Mayor recognized the following individuals to make comments on the petition.
Patsy Smith asked about the updated impact and traffic studies. She stated her concerns
regarding the safety of a curve on McDonald Road and the possible impact on traffic from the
development.
Dominick Bruno stated his concerns regarding the response time for emergency services to the
new development.
Josh Nelson stated his concerns about the impact the development may have on Corron Farm and
the habitats that are on this property.
Aubrey Neville noted his concerns about the safety of McDonald Road with the new
development.
Mary Fredrick stated her concerns regarding the maintenance of McDonald Road and if there
would be additional turn lanes for the development.
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Barbara Wojnicki stated concerns regarding traffic, maintaining open space and public safety
services.
Peter Bazos, attorney for the petitioner, answered the questions regarding the updated studies,
including stormwater, traffic and preservation.
There was discussion regarding the maintenance of McDonald Road, changes to the “S” curve,
increases to easements, the width of the streets, delivery of emergency services, open space and
lighting.
Mayor Kaptain declared the public hearing closed.
PETITION 20-16 APPROVED FOR THE SECOND AMENDMENT TO THE
ANNEXATION AGREEMENT, AMENDMENTS TO THE PSFR2 AND PCF PLANNED
DEVELOPMENT ORDINANCES, AND APPROVAL OF THE PRELIMINARY PLAT
AND FINAL PLATS FOR UNITS 1 AND 2, ALL FOR THE PONDS OF STONY CREEK
AT 4001 MCDONALD ROAD
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition
20-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 18-17 APPROVED FOR CONDITIONAL USE TO ESTABLISH AN
AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED
(BUMBLE BEE PLAY CAFÉ) AT 1015 N. RANDALL ROAD
Marc Mylott, Community Development Director, provided an overview of Petition 18-17 which
would grant a conditional use for amusement and recreational service at 1015 N. Randall Road.
Staff and the Planning and Zoning Commission approved the petition subject to the conditions
outlined in the memo.
Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve
Petition 18-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon,
Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
SEPTEMBER 27, 2017 VOLUME LXXXII
330
ORDINANCE G45-17 PASSED GRANTING A CONDITIONAL USE FOR AN
AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN
THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR
OVERLAY DISTRICT (1015 NORTH RANDALL ROAD)
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, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G45-17
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE NOT
ELSEWHERE CLASSIFIED IN THE AB AREA BUSINESS DISTRICT AND ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1015 North Randall Road)
WHEREAS, written application has been made requesting conditional use approval to
establish an amusement and recreational service, not elsewhere classified (indoor play café for
children) at 1015 North Randall Road; and
WHEREAS, the zoning lot with the building containing the premises at 1015 North
Randall Road 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 an amusement and recreational service, not elsewhere
classified is listed as a similar use within the AB Area Business District; and
WHEREAS, the amusement and recreational service, not elsewhere classified as described
in the written application for a conditional use at 1015 North Randall Road is most similar to the
coin operated amusement establishments (7993) listed as a conditional use within the AB Area
Business District; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on September 11, 2017 following due notice by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
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WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning & 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 September 11, 2017, and the recommendations made by the Community Development
Department and the Planning & 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 amusement and recreational service, not
elsewhere classified (indoor play café for children) is hereby granted for the property commonly
known as 1015 North Randall Road and commonly identified by Kane County Property
Identification Number (PIN) 06-09-154-029, and legally described as follows:
THE SOUTHERLY 194.50 FEET OF LOT 573, AS MEASURED ALONG THE
EASTERLY LINE THEREOF, THE SOUTHERLY 194.50 FEET OF LOTS 574
THROUGH 577, INCLUSIVE , AND THE SOUTHERLY 194.50 FEET OF THE
WESTERLY 18.30 FEET OF LOT 578, ALSO PART OF LOTS 569 THROUGH 572,
INCLUSIVE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF LOT 572, THENCE NORTH 69 DEGREES 26 MINUTES 25 SECONDS
WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 572, A DISTANCE OF 234.00
FEET TO A LINE THAT IS PARALLEL WITH THE EASTERLY LINE OF LOTS 570
THROUGH 572, INCLUSIVE, THENCE NORTH 20 DEGREES 33 MINUTES AND 35
SECONDS EAST, A DISTANCE OF 158.50 FEET TO A LINE THAT IS 17.20 FEET,
MEASURED AT RIGHT ANGLES, SOUTHERLY AND PARALLEL WITH THE
NORTHERLY LINE OF SAID LOT 570; THENCE SOUTH 69 DEGREES 26 MINUTES
25 SECONDS EAST , ALONG SAID PARALLEL LINE, A DISTANCE OF 103.87
FEET TO A LINE THAT IS 130.13 FEET. MEASURED AT RIGHT ANGLES,
WESTERLY AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 570;
THENCE NORTH 20 DEGREES 33 MINUTES 35 SECONDS EAST, ALONG SAID
PARALLEL LINE, A DISTANCE OF 18.50 FEET TO A LINE THAT IS 1.30 FEET,
MEASURED AT RIGHT ANGLES, NORTHERLY AND PARALLEL WITH SAID
NORTHERLY LINE OF LOT 570; THENCE SOUTH 69 DEGREES 26 MINUTES 25
SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 130.13 FEET
TO THE EASTERLY LINE OF SAID LOT 569; THENCE SOUTH 20 DEGREES 33
MINUTES 35 SECONDS WEST, ALONG SAID EASTERLY LINE OF LOTS 569
THROUGH 572, A DISTANCE OF 177.00 FEET TO THE POINT OF BEGINNING,
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CONTAINING 93,138.50 S.F. MORE OR LESS, ALL BEING IN VALLEY CREEK
UNIT NO. 15, BEING A RESUBDIVISION OF LOTS 565 AND 566 OF VALLEY
CREEK UNIT NO. 14, BEING A SUBDIVISION OF PART OF SECTION 9,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
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 Silva Architects,
Ltd., as applicant, and Jimmy (James) IL Hong, as property owner, received July 28, 2017
and supporting documents including:
a. Conditional Use Statement of Purpose and Conformance Children’s Amusement &
Recreational Service Facility, prepared by Silva Architects, Ltd., dated July 27,
2017;
b. A response letter from Silva Architects, Ltd., dated July 31, 2017;
c. ALTA/ACSM Land Title Survey, prepared by Landmark Engineering Group, dated
September 13, 2006;
d. Preliminary Zoning Review – Site & Parking Plan Exhibit, prepared by Silva
Architects, dated July 27, 2017;
e. Preliminary Zoning Review – Schematic Floor Plan Exhibit, prepared by Silva
Architects, dated July 27, 2017;
f. Preliminary Zoning Review – Exterior Elevation & Sign Exhibit, prepared by Silva
Architects, dated July 27, 2017;
g. Undated Play Space Equipment Plans, received August 2, 2017;
h. Undated Landscaping Plan, received August 17, 2017;
i. Plumbing Plan and Notes, prepared by William Pavlecic and Associates, dated
February 14, 1997;
j. Fire Protection Plan, Notes & Riser Diagram, prepared by William Pavlecic and
Associates, dated February 14, 1997, last revised April 27, 1997; and
k. Foundation Plan, prepared by William Pavlecic and Associates, dated February 14,
1997, last revised April 27, 1997.
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. All exterior street graphics must comply with the zoning ordinance requirements.
3. Compliance with all applicable codes and ordinances.
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333
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: September 27, 2017
Passed September 27, 2017
Vote: Yeas: 9 Nays: 0
Recorded: September 27, 2017
Published: September 29, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-126 ADOPTED ESTABLISHING AN HONORARY STREET NAME
OF FREDERICK J. STEFFEN WAY ON DOUGLAS AVENUE FROM HIGHLAND
AVENUE TO CHICAGO STREET
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember
Steffen abstained.
Resolution No. 17-126
RESOLUTION
ESTABLISHING AN HONORARY STREET NAME OF
FREDERICK J. STEFFEN WAY ON DOUGLAS AVENUE FROM HIGHLAND
AVENUE TO CHICAGO STREET
WHEREAS, a formal application to provide for the establishment of the honorary street
name of Frederick J. Steffen Way on Douglas Avenue from Highland Avenue to Chicago Street
was submitted to the City of Elgin with a letter of support from Councilwoman Rosamaria
Martinez; and
WHEREAS, Frederick J. Steffen attended and graduated from The John Marshall Law
School and thereafter practiced law in the City of Elgin for many years; and
WHEREAS, Frederick J. Steffen contributed to the mission and success of the Elgin
Housing Authority by serving as its first corporation counsel; and
SEPTEMBER 27, 2017 VOLUME LXXXII
334
WHEREAS, Frederick J. Steffen served on the City of Elgin's Planning and Zoning
Commission during the Civil Rights movement and desegregation; and
WHEREAS, Frederick J. Steffen was instrumental through his work with First
Congregational Church in fundraising to purchase Franklin School from U-46 and donated the
facility to the Community Crisis Center; and
WHEREAS, the members of the Elgin Image Advisory Commission have recommended
approval of the honorary street name for Frederick J. Steffen; and
WHEREAS, the Mayor and members of the City Council wish to extend the appreciation
and esteem of all Elgin citizens for Frederick J. Steffen's outstanding service to the community;
and
WHEREAS, the Mayor and members of the City Council have determined that it is
appropriate to formally recognize Frederick J. Steffen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that there is hereby established the honorary street name of Frederick J.
Steffen Way on Douglas Avenue from Highland Avenue to Chicago Street.
BE IT FURTHER RESOLVED that an honorary street sign shall be placed at the southeast
corner of the intersection of Douglas Avenue and Highland Avenue designating Douglas Avenue
from Highland Avenue to Chicago Street as Frederick J. Steffen Way.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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335
RESOLUTION 17-127 ADOPTED ESTABLISHING AN HONORARY STREET NAME
OF HON. MANUEL BARBOSA WAY ON DOUGLAS AVENUE FROM HIGHLAND
AVENUE TO DIVISION STREET
Councilmember Gavin made a motion, seconded by Councilmember Martinez, 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. 17-127
RESOLUTION
ESTABLISHING AN HONORARY STREET NAME OF
HON. MANUEL BARBOSA WAY ON DOUGLAS AVENUE FROM
HIGHLAND AVENUE TO DIVISION STREET
WHEREAS, a formal application to provide for the establishment of the honorary street
name of Hon. Manuel Barbosa Way on Douglas Avenue from Highland Avenue to Division Street
was submitted to the City of Elgin with a letter of support from Councilwoman Rosamaria
Martinez; and
WHEREAS, Manuel Barbosa graduated from St. Edward High School, and attended The
John Marshal Law School. After graduation from law school Mr. Barbosa worked as a Kane
County Assistant State's Attorney and thereafter went into private practice in the City of Elgin for
20 years; and
WHEREAS, Manuel Barbosa served as the first chairman of the Illinois Human Rights
Commission, a title he held for eighteen years; and
WHEREAS, Manuel Barbosa was the first Hispanic bankruptcy judge to serve in the U.S.
Northern District of Illinois; and
WHEREAS, Manuel Barbosa continues to serve the community including by welcoming
new citizens of the United States during the Elgin city council's new citizen ceremony; and
WHEREAS, the members of the Elgin Image Advisory Commission have recommended
approval of the honorary street name for Manuel Barbosa; and
WHEREAS, the Mayor and members of the City Council wish to extend the appreciation
and esteem of all Elgin citizens for Manuel Barbosa's outstanding service to the community; and
WHEREAS, the Mayor and members of the City Council have determined that it is
appropriate to formally recognize the Honorable Manuel Barbosa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that there is hereby established the honorary street name of Hon. Manuel
Barbosa Way on Douglas Avenue from Highland Avenue to Division Street.
SEPTEMBER 27, 2017 VOLUME LXXXII
336
BE IT FURTHER RESOLVED that an honorary street sign shall be placed at the northeast
corner of the intersection of Douglas Avenue and Highland Avenue designating Douglas Avenue
from Highland Avenue to Division Street as Hon. Manuel Barbosa Way.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-128 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
TO REAL ESTATE AGREEMENT WITH COLUMBINE HOMEOWNERS
ASSOCIATION FOR THE REMOVAL AND INSTALLATION OF STOP SIGNS
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Dunne abstained.
Resolution No. 17-128
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT TO
REAL ESTATE AGREEMENT WITH COLUMBINE HOMEOWNERS
ASSOCIATION FOR THE REMOVAL AND INSTALLATION OF STOP SIGNS
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 Amendment to Real Estate Agreement on behalf of the City of Elgin with
Columbine Homeowners Association for the removal and installation of stop signs, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
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337
Presented: September 27, 2017
Adopted: September 27, 2017
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-129 ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF
ELGIN'S INSURANCE PROGRAM
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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. 17-129
RESOLUTION
ACCEPTING THE PROPOSALS
FOR THE CITY OF ELGIN'S INSURANCE PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to
accept the proposals on behalf of the City of Elgin for the city’s insurance program commencing
October 1, 2017 as follows:
a. To accept Travelers’ renewal proposal for liability and crime insurance for
an annual premium of $550,608.
b. To accept Safety National’s renewal proposal for excess workers’
compensation insurance for an annual premium of $229,373.
c. To accept Indian Harbor's renewal proposal for pollution liability insurance
for a three year premium of $74,768.
d. To accept Claim Management’s renewal proposal for workers’
compensation claims administration for an estimated annual cost of
$48,000.
SEPTEMBER 27, 2017 VOLUME LXXXII
338
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 a service agreement with Claim Management Consultants, LLC dated October 1, 2017, a
copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-130 ADOPTED AUTHORIZING EXECUTION OF AN
ASSIGNMENT AND ASSUMPTION OF GROUND LEASE AGREEMENT WITH
CHICAGO TITLE LAND TRUST COMPANY AS SUCCESSOR TRUSTEE, MZB2,
LLC, AS SUCCESSOR-IN-INTEREST TO CERTAIN PRIOR BENEFICIARIES OF
THE SELLER, VIJULIMA, LLC – CENTER CITY SERIES AND THE CITY OF ELGIN
(156-158 DIVISION STREET)
There was discussion regarding the elevator service, rental license inspection and if there were
any outstanding code issues.
Councilmember Steffen made a motion, seconded by Councilmember Martinez, 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. 17-130
RESOLUTION
AUTHORIZING EXECUTION OF AN ASSIGNMENT AND ASSUMPTION OF GROUND
LEASE AGREEMENT WITH CHICAGO TITLE LAND TRUST COMPANY AS
SUCCESSOR TRUSTEE, MZB2, LLC, AS SUCCESSOR-IN-INTEREST TO CERTAIN
PRIOR BENEFICIARIES OF THE SELLER, VIJULIMA, LLC – CENTER CITY SERIES
AND THE CITY OF ELGIN
(156-158 Division Street)
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 an
Assignment and Assumption of Ground Lease Agreement on behalf of the City of Elgin with
VOLUME LXXXII SEPTEMBER 27, 2017
339
Chicago Title Land Trust Company as successor trustee, MZB2, LLC, as successor-in-interest to
certain prior beneficiaries of the Seller, Vijulima, LLC – Center City Series and the City of Elgin,
a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Gavin, to pass Ordinance Nos. G41-17 through G44-17 and adopt Resolution Nos. 17-123
through 17-125 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne,
Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 17-123 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH STRAND ASSOCIATES, INC. FOR ENGINEERING DESIGN AND BIDDING-
RELATED SERVICES TO DESIGN THE GRAVITY SEWER REPLACEMENT TO
FRWRD PUMP STATION 31 ON LOWER WELLINGTON AVENUE
Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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. 17-123
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
STRAND ASSOCIATES, INC. FOR ENGINEERING DESIGN AND BIDDING-RELATED
SERVICES TO DESIGN THE GRAVITY SEWER REPLACEMENT TO FRWRD PUMP
STATION 31 ON LOWER WELLINGTON AVENUE
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
SEPTEMBER 27, 2017 VOLUME LXXXII
340
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, 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 Strand
Associates, Inc. for engineering design and bidding-related services to design the gravity sewer
replacement to FRWRD Pump Station 31 on Lower Wellington Avenue, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-124 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN
CONNECTION WITH THE DISTRIBUTION SYSTEM PRESSURE STUDY-2017
Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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. 17-124
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN CONNECTION
WITH THE DISTRIBUTION SYSTEM PRESSURE STUDY-2017
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 Engineering
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341
Enterprises, Inc. for engineering services in connection with the distribution system pressure
study-2017, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G41-17 PASSED CREATING A NEW CHAPTER 11.54 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "OVERWEIGHT AND
OVERSIZED VEHICLES"
Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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. G41-17
AN ORDINANCE
CREATING A NEW CHAPTER 11.54 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “OVERWEIGHT AND OVERSIZED VEHICLES”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled “Vehicles and
Traffic,” be and is hereby amended by adding a new Chapter 11.54, entitled “Overweight and
Oversized Vehicles,” to read as follows:
“Chapter 11.54
OVERWEIGHT AND OVERSIZED VEHICLES
11.54.010: REGULATIONS ADOPTED:
11.54.020: DEFINITIONS:
11.54.030: VIOLATIONS:
11.54.040: PERMITS FOR EXCESS SIZE AND WEIGHT:
11.54.050: EXCEPTIONS:
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11.54.060: PENALTIES:
“11.54.010 REGULATIONS ADOPTED:
The regulations of 625 Illinois Compiled Statutes 5/15-101 through 5/15-112,
inclusive, as amended and 625 Illinois Compiled Statutes 5/15-114, as amended,
are adopted as the regulations for overweight and oversized vehicles within the City
of Elgin.
11.54.020: DEFINITIONS:
Unless the context otherwise requires, all words and phrases used herein shall have
the same meaning as the same or similar words and phrases defined and used in the
Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/1-100 et seq., as amended.
11.54.030: VIOLATIONS:
It shall be unlawful for any person to be in control of, drive, park, or move on, upon,
or across, or for the owner to cause or knowingly permit to be parked, driven, or
moved upon or across, any street or highway within the jurisdiction of the City of
Elgin, any vehicle or combination of vehicles with a weight, width, height, or
length, including load, in excess of the limits set forth in the Illinois Vehicle Code
unless a special permit has been issued in accordance with this chapter.
11.54.040: PERMITS FOR EXCESS SIZE AND WEIGHT:
A. As provided by the authority set forth in 625 ILCS 5/15-301(a), the Chief of
Police or his or her designee may, in their discretion, issue a special permit
authorizing an owner or lessee to operate on any highway under the
jurisdiction of and maintained by the City of Elgin, a vehicle or combination
of vehicles with a weight (625 ILCS 5/15-111, width (625 ILCS 5/15-102),
height (625 ILCS 5/15-103), or length (625 ILCS 5/15-107) in excess of the
maximums specified in said provisions of the Illinois Vehicle Code.
B. Any vehicle owner or lessee seeking a special permit under this section shall
submit an application to move such vehicle(s) on a form and in such a manner
as prescribed by the Chief of Police. The application shall include, at a
minimum, the following:
1. The type of the vehicle;
2. The weight and dimensions of the vehicle;
3. A description of vehicle and the load, content, or object to be moved;
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4. Whether the permit application is for a single trip permit, a round trip
permit, a quarterly permit, or an annual permit;
5. The requested route of the vehicle or combination of vehicles through the
city, including the origin and the termination point of the route within the
city and the points of origin and destination for the trip;
6. The name of the owner or carrier, if different then the applicant;
7. Whether the applicant is an authorized carrier under the Illinois Motor
Carrier Property Law and, if so, the registration and certificate number
issued by the Illinois Commerce Commission;
8. The Illinois Department of Transportation’s state permit number;
9. The vehicle’s and/or trailer’s registration number, state, and year;
Upon application for a permit, an applicant shall further provide evidence of
and maintain a valid comprehensive general liability insurance policy on an
occurrence basis from an insurance company licensed with the State of
Illinois or other insurer approved by the city with at least $1,000,000.00 single
limit coverage on all risks. The city shall be named as a co-insured and such
policy or policies shall provide that the coverage afforded thereunder shall
not be canceled, terminated or materially changed until at least thirty (30)
days written notice has been given to the city. This insurance shall apply as
primary insurance with respect to any other insurance or self-insurance
programs afforded to the city. There shall be no endorsement or modification
of this insurance to make it excess over other available insurance;
alternatively, if the insurance states that it is excess or prorated, it shall be
endorsed to be primary with respect to the city.
For the purposes of this chapter, a single trip means one move from the
point of origin to the point of destination over a prescribed route. A round
trip means two trips over the same route in opposite directions. Any
additional stops between the point of origin or the point of destination in the
course of either a single trip or a round trip are expressly prohibited unless
set forth in the permit application and approved in the issuance of the
permit.
Except for an application for a permit to move directly across a highway, it
shall be the duty of the applicant to establish in the application that the load
to be moved by any such vehicle or combination of vehicles cannot
reasonably dismantled or disassembled. Except for fluid milk products, no
excess size or weight permits shall be issued for vehicles and loads that are
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344
divisible and that can be carried, which divided, within the existing size and
weight maximums specified in this chapter.
C. At the time of the filing of a permit application, and prior to the issuance of a
special permit authorizing operation of the vehicle in the City of Elgin, the
applicant shall pay a fee for the permit according to the following schedule:
Single Trip Permit $75.00
Round Trip Permit $150.00
Quarterly Permit $300.00
Annual Permit $900.00.
In the event a permit application is not approved, the permit fee shall be
refunded to the applicant. No refunds of the permit shall be made following
the issuance of a permit.
D. Upon receipt of a completed application and the payment of the permit fee
therefore, and good cause being shown in the application to ensure that any
movement will not unduly damage the City of Elgin street system and will
adequately protect public safety, the Chief of Police or his or her designee
may issue a special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles having a size or weight that exceeds the
maximums set forth in this chapter.
E. Permits are only valid on dates authorized by the permit, from thirty (30)
minutes before sunrise to thirty (30) minutes after sunset local time. A single
trip permit is valid for five (5) days from the date of issuance and authorizes
one movement over a prescribed route. A round trip permit is valid for ten
(10) days from the date of issuance and authorizes one movement and on
return movement over the same prescribed route. A quarterly permit is valid
for ninety (90) days from the date of issuance. An annual permit is valid for
three hundred sixty-five (365) days from the date of issuance. Both quarterly
and annual permits allow for unlimited movements of an interchangeable load
over a prescribed or a non-prescribed route.
F. Any excess size or weight permit issued in violation of this chapter or in
violation of 625 ILCS 5/15-301 of the Illinois Vehicle Code shall be void at
issuance, and any movements made thereunder shall not be authorized under
the terms of the void permit.
G. The Chief of Police or his or her designee are authorized to issue reasonable
rules, regulations, and provisions on a document to accompany each permit.
The permit will specify any general or specific conditions with which the
applicant must comply that are consistent and reasonable for the protection of
the general public and the city’s streets and highways, including but not
limited to the following:
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345
1. Restrictions on the number or times of daily trips authorized by each
permit;
2. Restrictions on the route to be traveled based upon traffic conditions, the
character of the road or roads, the configuration of the terrain, or other
concerns.
H. All permits shall be nontransferable and shall be valid only for the applicant
or his agent or employee and the specific vehicle listed on the application.
Every permit shall be carried in the vehicle to which it refers at all times while
operating within the city, and shall be exhibited upon demand to any law
enforcement officer, police officer, or authorized agent of the city.
I. The permits issued under this chapter constitute a grant of a privilege by the
city, and may be denied, suspend, or revoked for such reasons as the city may
deem related to its governmental interests, including but not limited to:
1. An applicant knowingly providing incorrect information in a permit
application;
2. Action on or operating under a permit which has been altered for purposes
of deception;
3. Non-compliance with the provisions of this chapter or the provisions of a
permit issued thereunder, or with federal, state, or local laws pertaining to
the transportation of goods or the operation of vehicles engaged in the
transport of goods;
4. Moving or operating on streets or highways within the city without a
permit as required under this chapter.
J. It is the duty of the applicant to read and familiarize itself with the permit
provisions upon receipt. The routing prescribed in the permit constitutes the
sole extent of the authority granted by the city for the use of the city’s streets
and highways, and any vehicle or load found to be off route shall be deemed
to be operating without a permit. Undertaking of a move authorized by a
permit is deemed prima facie evidence of acceptance of the permit and that
the applicant is warranting that:
1. The applicant is in compliance with all operation requirements;
2. All dimension and weight requirements specified in the permit will not be
exceeded;
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346
3. That the vehicle(s) and/or vehicle loads are non-divisible pursuant to 625
ILCS 5/1-148.8.
4. All operation, registration, and license requirements have been complied
with;
5. All financial responsibilities, obligations, and other legal requirements
have been met;
6. The applicant shall comply with all township, city, county, and state laws,
statutes, ordinances, regulations, and requirements, including without
limitation the requirements of this chapter; and
7. The applicant, for itself and on behalf of any owner of the vehicle,
assumes total responsibility for any injury or damage to persons or to
public or private property, including the applicant or owner’s property or
the load being transported, and further including any and all damages to
the city’s streets, highways, or bridges, caused directly or indirectly by the
transportation of the vehicles and objects authorized under the permit.
The applicant, for itself and on behalf of any owner of the vehicle, shall
hold the city and its officials, officers, employees, and other agents,
harmless from all suits, claims, damages, or proceedings of any kind, and
to indemnify the city for any claim it may be required to pay, arising from
the movement authorized under a permit.
11.54.050: EXCEPTIONS:
The size and weight limitations set forth in this chapter shall not apply to fire
vehicles, apparatus or equipment, or vehicles utilized for snow and ice removal
operations owned or operated by or for any governmental body, or those vehicles
operating under an emergency declaration, or vehicles owned by the city or a public
utility engaged in emergency utility repair, or vehicles owned and operated by a
private contractor engaged in the construction of public works for the city, and such
vehicles shall not be required to obtain a permit hereunder.
11.54.060: PENALTIES:
A. If any person, firm, or corporation owns or operates any vehicle in the city in
violation of the provisions of this chapter, or in violation of the provisions of
a special permit issued under this chapter, then either or both the driver and
the owner of such vehicle shall be guilty of an offense and shall be subject to
prosecution therefore.
1. Any person, firm, or corporation found guilty of a violation of this chapter
for failing to comply with the provisions of a permit issued under this
chapter by exceeding the size and/or weight limitations of any such
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347
permit, shall, upon conviction, be subject to a fine for each such offense,
as follows:
a. For vehicles operated in violation of the provisions of sections 15-102
(width), 15-103 (height), or 15-107 (length) of the Illinois Vehicle
Code, the fine shall be in an amount equal to not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00) for the
first conviction, and in an amount equal to not less than five hundred
dollars ($500.00) for the second and for each subsequent conviction.
b. For vehicles operated in violation of the provisions of sections 15-111
(weight) of the Illinois Vehicle Code, the fine shall be in an amount
according to the following schedule:
Up to and including 2,500 pounds overweight $250.00
From 2,501 to 3,500 pounds overweight $500.00
From 3,501 to 5,000 pounds overweight $1,000.00.
For vehicles that are 5,001 or more pounds overweight, the fines shall
be in an amount equal to one thousand five hundred dollars
($1,500.00), plus an additional fine amount of five hundred dollars
($500.00) for each additional increment of 500 pounds overweight or
fraction thereof.
2. Any person, firm, or corporation found guilty of a violation of this chapter
for failing to comply with any other provisions of a permit issued under
this chapter, shall, upon conviction, be subject to a fine of not less than
one hundred dollars ($100.00) nor more than one thousand dollars
($1,000.00) for each such offense.
3. Any person found guilty of a violation of this chapter for moving or
operating an overweight or oversized vehicle or combination of vehicles
in the city without a valid permit, or who is found to have knowingly
provided false or incorrect information in obtaining a permit, or who has
altered a permit for the purposes of deception, shall, upon conviction, be
subject to a fine of not less than One Thousand Dollars ($1,000.00) for
each such offense.
B. In addition, where an applicant has been found to have violated the provisions
of a special permit or the provisions of this chapter the Chief of Police is
authorized to suspend an applicant’s or owner’s permit privileges for a period
not to exceed twelve (12) months.
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348
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: September 27, 2017
Passed September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 27, 2017
Published: September 29, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 17-125 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH OXCART PERMITS SYSTEMS, LLC, FOR PERMIT FEE PROCESSING IN
CONJUNCTION WITH THE OVERWEIGHT TRUCK FEE INITIATIVE
Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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. 17-125
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
OXCART PERMITS SYSTEMS, LLC, FOR PERMIT FEE PROCESSING IN
CONJUNCTION WITH THE OVERWEIGHT TRUCK FEE INITIATIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, 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 Oxcart
VOLUME LXXXII SEPTEMBER 27, 2017
349
Permits Systems, LLC for permit fee processing in conjunction with the overweight truck fee
initiative, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G42-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR
DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR
LICENSE CLASSIFICATIONS
Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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. G42-17
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE
NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending
subparagraph H thereof to read as follows:
"H. The number of class B-4 licenses shall not exceed four (4) in number."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed to the extent of any such conflict.
SEPTEMBER 27, 2017 VOLUME LXXXII
350
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: September 27, 2017
Passed September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 27, 2017
Published: September 29, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G43-17 PASSED AMENDING ORDINANCE NO. G22-15 PROVIDING A
CONDITIONAL USE FOR A PLANNED DEVELOPMENT AND GRANTING A
CONDITIONAL USE FOR A DOG GROOMING BUSINESS IN THE NB
NEIGHBORHOOD BUSINESS DISTRICT (920 SOUTH MCLEAN BOULEVARD)
Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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. G43-17
AN ORDINANCE
AMENDING ORDINANCE NO. G22-15 PROVIDING A CONDITIONAL USE FOR A
PLANNED DEVELOPMENT, AND GRANTING A CONDITIONAL USE FOR A DOG
GROOMING BUSINESS IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(920 South McLean Boulevard)
WHEREAS, written application has been made requesting a conditional use approval to
establish a dog grooming use at 920 South McLean Boulevard, and to amend the conditional use
for a planned development for a package liquor sales establishment in the NB Neighborhood
Business District Ordinance No. G22-15; and
WHEREAS, the zoning lot with the building containing the premises at 920 South McLean
Boulevard is legally described in Ordinance No. G22-15 (the “Subject Property”); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said applications on August 7, 2017 following due notice by publication; and
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351
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 NB Neighborhood Business District, and granting an amendment to conditional use for a
planned development for a package liquor sales establishment in the NB Neighborhood Business
District Ordinance No. G22-15, 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 August 7, 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 Section 3. Condition 3. of Ordinance No. G22-15, is hereby amended
and replaced in its entirety by the following:
3. Substantial conformance to the Proposed Site Plan A1.1, prepared by Purohit Architects,
dated July 17, 2017.
Section 3. That Section 3. Condition 5. of Ordinance No. G22-15, is hereby deleted in
its entirety.
Section 4. That Section 3. Condition 7. of Ordinance No. G22-15, is hereby deleted in
its entirety.
Section 5. That Section 3. Condition 8. of Ordinance No. G22-15, is hereby deleted in
its entirety.
Section 6. That Section 4. of Ordinance No. G22-15, is hereby deleted in its entirety.
SEPTEMBER 27, 2017 VOLUME LXXXII
352
Section 7. That a conditional use for a dog grooming use is hereby granted for the
property commonly known as 920 South McLean Boulevard, legally described in Ordinance No.
G22-15 (the “Subject Property”).
Section 8. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
4. Substantial conformance to the Development Application submitted by AMI
Properties, Inc., as applicant and property owner, received June 5, 2017 and supporting
documents including:
a. Cover Letter dated June 27, 2017, prepared by Mark Schuster, Bazos, Freeman,
Schuster & Braithwaite, LLC;
b. Undated Application for Conditional Use Mira Dog Grooming, Inc. (920 South
McLean Boulevard) Statement of Purpose and Conformance (Amended),
prepared by Mark Schuster, received July 28, 2017;
c. Plat of Survey, prepared by Alan J. Coulso, P.C. Professional Land Surveyors,
dated April 1, 2008;
d. Existing Ground Signage Plan A1.0, prepared by Purohit Architects, dated April
24, 2017;
e. Proposed Site Plan A1.1, prepared by Purohit Architects, dated July 17, 2017;
f. Floor Plan A3.0, prepared by Purohit Architects, dated May 2, 2017;
g. Entire Floor Plan (for Egress) A3.1, prepared by Purohit Architects, dated May 2,
2017;
h. Existing Elevations Plan A5.0, prepared by Purohit Architects, dated May 2, 2017;
i. Existing North Elevation Plan A5.1, prepared by Purohit Architects, dated April
24, 2017; and
j. Parking Study, prepared by GHA Gewalt Hamilton Associates, Inc., dated February
24, 2017, last updated June 27, 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.
5. No less than once daily when the business is open, the applicant shall inspect the
exterior premises of the property, and remove any animal waste from the property and
adjacent parkways.
6. The proposed dog grooming business shall not provide daily animal daycare services.
7. The existing refuse collection area shall be relocated to the southwest corner of the
building to allow for adequate traffic movement around the building. The refuse
collection area must be enclosed by a six-foot high solid fence.
8. Compliance with all applicable codes and ordinances.
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353
Section 9. That except as amended herein, the use and development of the subject property
shall be controlled pursuant to the provisions of Ordinance No. G22-15. In the event of any conflict
between this ordinance and Ordinance No. G22-15, this ordinance and associated documents shall
control and prevail.
Section 10. 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: September 27, 2017
Passed September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 27, 2017
Published: September 29, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G44-17 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL
FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL
ROAD CORRIDOR OVERLAY DISTRICT (1029 N. RANDALL ROAD)
Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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. G44-17
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY
IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR
OVERLAY DISTRICT
(1029 N. Randall Road)
WHEREAS, written application has been made requesting conditional use approval to
establish a physical fitness facility at 1029 N. Randall Road; and
WHEREAS, the zoning lot with the building containing the premises at 1029 N. Randall
Road is legally described herein (the “Subject Property”); and
SEPTEMBER 27, 2017 VOLUME LXXXII
354
WHEREAS, the Subject Property is located within the AB Area Business District and ARC
Arterial Road Corridor Overlay District, and a physical fitness facility is listed as a conditional use
within the AB Area Business District; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on August 7, 2017 following due notice by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & 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 & 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 and ARC Arterial Road Corridor Overlay 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 August 7, 2017, and the recommendations made by the Community Development
Department and the Planning & Zoning Commission, a copy of which is attached hereto and made
a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a physical fitness facility is hereby granted for
the property commonly known as 1029 N. Randall Road, commonly identified by Kane County
Property Identification Numbers (PINs) 06-09-154-028, 06-09-154-032, 06-09-154-034, 06-09-
154-026, 06-09-154-025, 06-09-154-024, 06-09-154-023, 06-09-154-022, and legally described
as follows:
Parcel 1:
The Northerly 120.00 of the Southerly 314.50 ft of lot 573, s measured along the Easterly line
thereof the Northerly 120.00 feet of the Southerly 214.50 ft of lots 574 through 577, inclusive and
the Northerly 120.00 feet of the Southerly 314.50 feet of the Westerly 19.30 feet of lot 578, Also
Part of lots 569 and 570, Described as follows: Commencing at the Southeast Corner of Lot 572;
Thence North 69 degrees 26 minutes 25 seconds west, along the southerly line of said lot 572, a
VOLUME LXXXII SEPTEMBER 27, 2017
355
distance of 234.00 feet to a line that is parallel with the easterly lines of lots 570 through 572,
inclusive, thence North 20 degrees 33 minutes 35 seconds East a distance of 158.50 feet to a line
that is 17.20 feet, measured at right angles, Southerly and parallel with the Northerly line of said
lot 570 for the point of beginning; thence South 69 degrees 26 minutes 25 seconds East, along
said parallel line, a Distance of 103.87 feet to a line that is 130.13 feet, measured at right angles,
westerly and parallel with the Easterly Line of said lot 570; Thence North 20 degrees 33 minutes
35 seconds East, along said parallel line, a distance of 18.50 feet to a line that is 1.30 feet, measured
at right angles, Northerly and parallel with the said Northerly line of lot 570; Thence South 69
degrees 26 minutes 25 seconds East, along said parallel line, a Distance of 130.13 feet to the
Easterly line of said lot 569; Thence North 20 degrees 33 minute 35 seconds East, along said
Easterly line of lot 569, a distance of 59.00 feet to a line that is 1.70 feet, measured at right angles,
Southerly and parallel with the Northerly lines of said lot 569; Thence North 69 degrees 26
minutes 25 seconds West, along said parallel line, a distance of 234.00 feet to a line that is parallel
with said Easterly line of lots 569 and 570 and passes through said points of beginning; thence
South 20 degrees 33 minutes 35 seconds West, along said parallel line, a distance of 77.50 feet to
the point of beginning, all being in Valley Creek Unit no. 15, being a re-subdivision of lots 565
and 566 of Valley Creek unit no 14, being a Subdivision of part of Section 9, Township 41 North,
Range 8 East of the third Principal Meridian, in the city of Elgin, Kane County, Illinois.
Parcel Two:
Sign Easement for Benefit of Parcel One Created by Valley Creek of Elgin, Inc., a Delaware
Corporation, and Richard L. Heimberg, as trustee under a trust agreement dated March 21, 1995
known as Fletcher Drive Trust No. 454, the Sole Beneficiary of which is Valley Creek of Elgin,
Inc., dated April 17, 1997 and recorded May 9, 1997 as document 97K029968 on and over: The
Northerly 20 feet of the Westerly 20 feet of Lots 570 of Valley Creek Unit No. 14, being a
subdivision of part of section 9, township 41 North, Range 8 East of the Third Principal Meridian,
in the City of Elgin, Kane County, Illinois
Parcel Three:
A Non-Exclusive easement for the benefit of Parcel One as created by document dated March
20,1997 and recorded May 9, 1997 as document 97K029969 by and between Wal-Mart Real Estate
Business Trust, a Delaware business trust, successor in interest to Wal-Mart Stores, Inc, Pursuant
to an assignment dated October 31, 1996; Valley Creek of Elgin, Inc, a Delaware Corporation and
Richard L. Heimberg, as trustee under trust agreement dated March 21, 1995, and known as
Fletcher Drive Trust No. 454; Amcore Trust Company, as Trustee under rust agreement dated
April 4, 1996 and known as Trust Number 700122 for the purposes of direct access for motor
vehicle and pedestrian traffic to and from Royal Boulevard as contained in said document.
Parcel Four:
Integrated Parking Area Easement Agreement for the benefit of Parcel as created by document
dated April 17, 1997 and recorded May 9, 1997 as document 97K029970 by and between Valley
Creek of Elgin, Inc, a Delaware Corporation and Richard L. Heimberg, as Trustee under trust
agreement dated March 21, 1995 and known as Fletcher Drive Trust No. 454 for the purposes
contained in said document over the following described land:
SEPTEMBER 27, 2017 VOLUME LXXXII
356
Lots 568 through 572 inclusive, of valley Creek Unit No. 15, being a resubdivision of lots 565 and
566 of Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North,
Range 8 East of the third principal Meridian in the City of Elgin, Kane County, Illinois, Excepting
any part thereof lying within the following described parcels: (Parcel 1: The Southerly 194.50 ft
of lot 573, as measured along the Easterly line thereof, the Southerly 194.50 ft of lots 574 through
577, inclusive, and the Southerly 194.50 feet of the Westerly 18.30 feet of lot 578, Also part of
lots 569 through 572, inclusive, described as follows: beginning at the Southeast Corner of lot
572, thence North 69 degrees 26 minutes 25 seconds West, along the Southerly line of said lot
572. A distance of 234.00 feet to a line that is parallel with the Easterly line of lots 570 through
572, inclusive, thence North 20 degrees 33 minutes 35 seconds East, a distance of 158.50 ft to a
line that is 17.20 feet, measured at right angles, Southerly and parallel with the Northerly line and
said lot 570; thence South 69 degrees 26 minutes 25 seconds East, along said parallel line, a
distance of 103.87 feet to a line that is 130.13 feet, measured at right angles, Westerly and parallel
with the Easterly line of said lot 570; thence North 20 degrees 33 minutes 35 seconds East, along
said parallel line, a distance of 18.50 feet to a line that is 1.30 feet, measured at right angles,
Northerly and parallel with said Northerly line of lot 570; thence South 69 degrees 26 minutes 25
seconds East, along said parallel line, a distance of 130.13 feet to the Easterly line of said lot 569;
thence South 20 degrees 33 minutes 35 seconds West, along said Easterly line of lots 569 through
572, a distance of 177.00 feet to the point of beginning. All being in Valley Creek Unit No 15,
being a resubdivision of lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision of part
of Section 9, Township 41 North, Range 8 East of the third Principal Meridian and Parcel 2: The
northerly 120 ft of the Southerly 314.50 feet of lot 573, as measured along the Easterly Line
Thereof, the Northerly 120.00 feet of the Southerly 314.50 feet of lots 574 through 577, inclusive,
and the Northerly 120 feet of the Southerly 314.50 feet of the Westerly 18.30 feet of lot 578, also
Part of lots 569 and 570, described as follows: Commencing at the Southeast corner of lot 572;
Thence North 69 degrees 26 minutes 25 seconds West along the Southerly line of said lot 572, a
distance of 234.00 feet to a line that is parallel with the Easterly lines of lots 570 through 572,
inclusive, thence North 20 degrees 33 minutes 35 seconds East a distance of 158.50 feet to a line
that is 17.20 feet, measured at right angles, southerly and parallel with the northerly line of said
lot 570 for the point of beginning: thence South 69 degrees 26 minutes 25 seconds East, along
said parallel line, a distance of 103.87 feet to a line that is 130.13 feet, measured at right angles,
westerly and parallel with the Easterly line of said lot 570; thence North 20 degrees 33 minutes
35 seconds East, along said parallel line, a distance of 18.50 feet to a line that is 1.30 feet measured
at right angles, Northerly and parallel with the said Northerly line of lot 570, thence South 69
degrees 26 minutes 25 seconds East, along said parallel line a distance of 130.13 feet to the Easterly
line of said lot 569, thence North 20 degrees 33 minutes 35 seconds East, along said Easterly line
of lot 569, a distance of 59.00 feet to a line that is 1.70 feet, measured at right angles, Southerly
and parallel with the Northerly line of said lot 569; thence North 69 degrees 26 minutes 25 seconds
West, along said parallel line, a distance of 234.00 feet to a line that is parallel with said Easterly
line of lots 569 and 570 and passes through said point of beginning; thence South 20 degrees 33
minutes 35 seconds West, along said parallel line a distance of 77.50 feet to the point of beginning,
all being in Valley Creek Unit No. 15, being a resubdivision of lots 565 and 566 of Valley Creek
Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the
Third Principal Meridian).
Parcel Five:
VOLUME LXXXII SEPTEMBER 27, 2017
357
Utility and Roadway Easement Agreement for the benefit of Parcel One as Crated by Document
Dated April 17, 1997 and recorded May 9, 1997 as Document 97K029971 by and between Valley
Creek of Elgin, Inc., a Delaware Corporation and Richard L. Heimberg, as trustee under trust
agreement dated march 21, 1995 and known as Fletcher Drive Trust No. 454 as described in said
agreement.
Parcel Six:
Lots 573 through 577 and the westerly 19.88 feet of Lot 578, inclusive, excepting therefrom the
southerly 314.50 feet thereof, as measured along the easterly line of said Lot 573 in Valley Creek
Unit No. 15, being a resubdivision of Lots 565 and 566 of Valley Creek Unit No. 14, being a
subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian;
also that part of Lots 568 and 569 described as follows: the northerly 1.7 feet of the easterly 234.00
feet of said Lot 569 and the southerly 39.06 feet of the easterly 234.00 feet of said Lot 568, in City
of Elgin, Kane County, Illinois.
Parcel Seven:
Easement for access for benefit of parcel six contained in and created by the agreement recorded
May 9, 1997 Document 97K029969.
Parcel Eight:
Non-exclusive utility easement and parking lot construction easement for the benefit of parcel six
contained in and created by declaration of utility easements an parking lot construction easement
recorded May 14, 1999 as Document 1999K048994.
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
9. Substantial conformance to the Development Application submitted by Phoenix Athletics,
Inc., as applicant, and Helco Corp, as property owner, received June 23, 2017 and
supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance, received June
23, 2017;
b. Undated document with proposed class schedule, received July 3, 2017;
c. Plat of Survey, prepared by Missman, Stanley & Associates, dated October 11,
1999;
d. Undated existing floor plan, received July 3, 2017;
e. Undated proposed floor plan, received July 3, 2017;
f. Undated document regarding proposed signage with Exhibit D Sign Criteria,
received June 23, 2017;
g. Undated two page document titled Details: Exterior Area; received July 3, 2017;
h. Undated exterior site photographs, received June 23 ,2017;
i. Undated two page site area exhibit, received July 3, 2017;
j. Undated two page proposed graphics document, received June 23, 2017; and
k. Undated 11-page document with proposed interior graphics, received July 3, 2017;
SEPTEMBER 27, 2017 VOLUME LXXXII
358
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.
10. All street graphics must comply with the zoning ordinance requirements.
11. 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: September 27, 2017
Passed September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 27, 2017
Published: September 29, 2017
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Dunne made a motion, seconded by Councilmember Martinez, 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, August 14, 2017
E-911 Board, August 17, 2017
Heritage Commission, August 1, 2017
Heritage Commission – Design Review, July 25 and August 8, 2017
Planning and Zoning Commission, July 10 and August 7, 2017
Sustainability Commission, July 11 and August 8, 2017
Committee of the Whole, August 23, 2017
City Council Minutes, August 23, 2017
Sales Tax
Local Sales Tax
State Income Tax
VOLUME LXXXII SEPTEMBER 27, 2017
359
State Use Tax
Telecommunications Tax
Alcoholic Liquor Tax
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Shaw made a motion, seconded by Councilmember Dunne, to adjourn and go
into the Executive Session for the purpose of discussing the following matters. Upon a roll call
vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
Setting of a Price for Sale or Lease of Property Owned by the Public Body - Exempt Under
Section 120/2(c)(6) of the Open Meetings Act
Purchase or Lease of Real Property for the Use of the Public Body - Exempt under Section
120/2(c)(5) of the Open Meetings Act
Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and
Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open
Meetings Act
Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the
Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance
or Removal of the Occupant of a Public Office, When the Public Body is Given Power to
Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open
Meetings Act
The meeting adjourned at 8:43 p.m.
s/ Kimberly Dewis October 25, 2017
Kimberly Dewis, City Clerk Date Approved