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JUNE 12, 2019 VOLUME LXXXIV 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 12, 2019, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by Minister Joe Green and the Pledge of Allegiance was led by Debra
Nawrocki, Chief Financial Officer.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE MAY 22, 2019, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve the May 22, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor
Kaptain. Nays: None. Councilmember Shaw abstained.
COMMUNICATIONS
Alzheimer’s Awareness Month Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Alzheimer’s disease is an irreversible and progressive brain disease that slowly erodes precious memories, thinking skills and the ability to perform simple tasks; and
WHEREAS, Alzheimer’s is the 6th leading cause of death in the United States with nearly
two-thirds of those being women and every 66 seconds, someone develops Alzheimer’s and by
2050 someone will develop the disease every 33 seconds; and WHEREAS, worldwide, nearly 44 million people have Alzheimer’s or related dementia
and in the United States there are 5.3 million people living with the disease and unless a cure is
found, it is estimated that as many as 16 million will have the disease by 2050; and
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WHEREAS, the Alzheimer’s Association is the world’s leading voluntary health
organization in Alzheimer’s care, support and research, with the vision of a world without Alzheimer’s disease; and
WHEREAS, the Longest Day on June 20th is a sunrise-to-sunset event symbolizing the
challenging journey of those living with the disease and their caregivers and offers everyone the
opportunity to get involved in the fight.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
proclaim June Alzheimer’s Awareness Month and offers the City’s support to those living with
Alzheimer’s disease and recognize those who care and provide for them and call upon our citizens
to learn about Alzheimer’s disease and to support the individuals living with this disease and their caregivers.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of June, 2019.
s/David J. Kaptain Mayor
Planning and Zoning Commissioners Recognition
Mayor Kaptain recognized members Robert Siljestrom and Beth Kruger from the Planning and Zoning Commission. The Mayor and City Council thanked them for their years of service and
dedication to the city.
RECOGNIZE PERSONS PRESENT
Bridgette Cho addressed the council regarding traffic issues in her neighborhood. These issues
included leaving the neighborhood which is adjacent to Route 20 and Nessler Road.
Jennifer Fukala announced the start of the Farmers Market and invited all to visit the market and
encouraged those visiting to stay downtown for dinner.
BID 19-023 AWARDED TO CORRECT DIGITAL DISPLAY FOR AN LED DIGITAL SIGN FOR THE EASTSIDE RECREATION CENTER
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve a
contract with Correct Digital Display, Inc. in the amount of $27,032 to install a modular LED
sign at the Eastside Recreation Center to allow staff to effectively communicate and market recreational programs, events and news to the community. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
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BID 19-034 AWARDED TO SCHROEDER AND SCHROEDER, INC. FOR THE NEIGHBORHOOD SIDEWALK REPAIR PROGRAM
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve an
agreement with Schroeder and Schroeder, Inc. in the amount of $134,393 to perform City-wide
sidewalk repairs to maintain safe infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
BID 19-037 AWARDED TO ALL SERVICE CONTRACTING CORPORATION FOR GAC FILTER MEDIA AND UNDERDRAIN REPLACEMENT
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve a
contract to All Service Contracting Corporation in the amount of $906,520 for GAC filter media
and underdrain replacement in order to enhance the City’s water treatment by replacing aging and broken equipment. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR EDWARD SCHOCK CENTRE OF ELGIN LOBBY REMODEL
Councilmember Steffen made a motion, seconded by Councilmember Dixon, to cancel the
current Job Order Contract for the lobby work ($110,787) and approve a new contract with F. H.
Paschen in the amount of $213,777 to renovate the lobby in the Edward Schock Centre of Elgin. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR EDWARD SCHOCK CENTRE OF ELGIN RESTROOM RENOVATION
Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve a
contract with F. H. Paschen in the amount of $306,824 to renovate the pool locker rooms and
restrooms at the Edward Schock Centre of Elgin. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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JOINT PURCHASING COOPERATIVE CONTRACT APPROVED WITH KONE ELEVATOR FOR ELEVATOR UPGRADES
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a
contract with Kone Elevator in the amount of $103,699 to upgrade elevators to provide safer and
more dependable operation in multiple buildings owned by the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
SUBURBAN PURCHASING COOPERATIVE CONTRACTS APPROVED WITH VARIOUS VENDORS FOR THE PURCHASE OF PUBLIC SERVICES VEHICLES
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve
contracts with Roesch Ford for the purchase of six, 2019 Ford F350 pickup trucks in the amount
of $211,781 and Currie Commercial Center for the purchase of one cargo van in the amount of $26,410, totaling $238,191 in order to replace vehicles to ensure core services related to
infrastructure maintenance and department programming are carried out efficiently. Upon a roll
call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 48-18 AND 49-18 APPROVED FOR 807 S. RANDALL ROAD, FOR A MAP AMENDMENT TO PLANNED DEVELOPMENT WITH PRELIMINARY AND FINAL
PLAT OF SUBDIVISION TO CONSTRUCT A NEW RESTAURANT AS AN OUT LOT
IN FRONT OF MEIJER STORE
Marc Mylott, Community Development Director, outlined Petitions 48-18 and 49-18. The
petition would grant a map amendment to a planned development to construct a new restaurant.
Staff and Planning and Zoning Commission were recommending approval subject to the
conditions outlined.
There was discussion regarding the current traffic patterns and the how this project would impact
the traffic flow.
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petitions 48-18 and 49-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers
Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
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PUBLIC HEARING FOR PETITIONS 33-18, 36-18, 37-18 AND 53-18 – 1620 VILLA
STREET, AN APPLICATION FOR ANNEXATION WITH AN ANNEXATION AGREEMENT, PLANNED DEVELOPMENT AS A MAP AMENDMENT, CONDITIONAL USE, PRELIMINARY AND FINAL PLAT OF SUBDIVISION TO CONSTRUCT A NEW CAR WASH FACILITY
Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, outlined Petitions 33-18, 36-18, 37-18 and 53-
18 for the location at 1620 Villa Street. The petitions would approve an annexation agreement,
and amendment to the planned development as a map amendment, a conditional use, and
preliminary plat and final plat of subdivision to construct a new car wash. He outlined the water and sewer line plans and traffic study. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined.
There was discussion regarding the access points to the property and the traffic study.
Rich Kane addressed the council with his concerns about the impact this project would have on the traffic in the area
Mayor Kaptain declared the public hearing closed.
PETITIONS 33-18, 36-18, 37-18 AND 53-18 APPROVED FOR 1620 VILLA STREET, FOR AN ANNEXATION AGREEMENT, PLANNED DEVELOPMENT AS A MAP
AMENDMENT, CONDITIONAL USE, PRELIMINARY AND FINAL PLAT OF
SUBDIVISION TO CONSTRUCT A NEW CAR WASH FACILITY
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve Petitions
33-18, 36-18, 37-18 and 53-18 subject to conditions. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 19-90 ADOPTED REAPPOINTING KIMBERLY A. DEWIS AS CITY
CLERK OF THE CITY OF ELGIN, ILLINOIS
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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Resolution No. 19-90
RESOLUTION REAPPOINTING KIMBERLY A. DEWIS AS CITY CLERK
OF THE CITY OF ELGIN, ILLINOIS
WHEREAS, Kimberly A. Dewis has heretofore been appointed City Clerk of the City of Elgin, Illinois; and
WHEREAS, the Mayor and members of the City Council concur in the reappointment of
Kimberly A. Dewis as City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Kimberly A. Dewis be and is hereby reappointed to the office of City
Clerk of the City of Elgin with all power, authority and duty of the office of City Clerk, as
established by the statutes of the State of Illinois and ordinances of the City of Elgin.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 12, 2019 Adopted: June 12, 2019 Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-91 ADOPTED REAPPOINTING DEBRA NAWROCKI AS CITY
TREASURER OF THE CITY OF ELGIN, ILLINOIS
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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Resolution No. 19-91
RESOLUTION
REAPPOINTING DEBRA NAWROCKI AS CITY TREASURER
OF THE CITY OF ELGIN, ILLINOIS
WHEREAS, Debra Nawrocki has heretofore been appointed City Treasurer of the City of
Elgin, Illinois; and
WHEREAS, the Mayor and members of the City Council concur in the reappointment of
Debra Nawrocki as City Treasurer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Debra Nawrocki be and is hereby reappointed to the office of City
Treasurer of the City of Elgin with all power, authority and duty of the office of City Treasurer, as
established by the statutes of the State of Illinois and ordinances of the City of Elgin.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 12, 2019 Adopted: June 12, 2019 Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G22-19 PASSED AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED “ZONING” AND TITLE 11 ENTITLED “VEHICLES
AND TRAFFIC” REGARDING THE PARKING OF CERTAIN SIZED COMMERCIAL
VEHICLES AND TAXICABS
Councilmember Powell made a motion, seconded by Councilmember Dixon, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and
Martinez.
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Ordinance No. G22-19
AN ORDINANCE AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ZONING" AND TITLE 11 ENTITLED
"VEHICLES AND TRAFFIC" REGARDING THE PARKING OF
CERTAIN SIZED COMMERCIAL VEHICLES AND TAXICABS WHEREAS, a written application has been made to amend Chapter 19.45.065 of the Elgin
Zoning Ordinance entitled "Commercial Vehicles Prohibited"; 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 Community Development Department and the Planning and Zoning
Commission have submitted their written findings and recommendation that the requested
amendments be granted in part and denied in part; and WHEREAS, the City Council concurs with the findings and recommendation of the
Community Development Department and the Planning and Zoning Commission regarding that
portion of the written application that pertains to the gross vehicular weight rating of a commercial
vehicle and to the exception provided for parking a taxi cab; and WHEREAS, the City Council disagrees with the findings and recommendation of the
Community Development Department and the Planning and Zoning Commission regarding that
portion of the written application that pertains to the temporary parking of a recreational vehicle;
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 parking of commercial vehicles, 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 that part of the Recommendation and Findings of Fact related to the gross vehicular weight rating of a commercial
vehicle and to the exception provided for parking a taxi cab, dated April 1, 2019, 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 19.45.065.B. of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended to read as follows:
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"B. Definitions: For the purposes of this section 19.45.065, whenever any of the
following words, terms or phrases are used they shall have the meanings ascribed to them as follows:
COMMERCIAL VEHICLE: A "motor vehicle" [SR] having attributes or
characteristics that meet or satisfy any of the following conditions:
1. The vehicle has a state of Illinois license plate designation indicating a
weight classification in excess of twelve thousand (12,000) pounds, said
designations being as follows:
F (12,001 - 16,000 pounds);
H (16,001 - 26,000 pounds);
J (26,001 - 28,000 pounds);
K (28,001 - 32,000 pounds);
L (32,001 - 36,000 pounds);
N (36,001 - 40,000 pounds);
P (40,001 - 45,000 pounds);
Q (45,001 - 50,000 pounds);
R (50,001 - 54,999 pounds);
S (55,000 - 59,500 pounds);
T (59,501 - 64,000 pounds);
V (64,001 - 73,280 pounds);
X (73,281 - 77,000 pounds); and
Z (77,001 - 80,000 pounds).
2. The vehicle has a state of Illinois license plate bearing one of the following
designations:
BM (municipal bus);
CM (commuter van);
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CN (conservation truck/truck tractor);
CR (ceremonial);
CV (charitable vehicle) for second division vehicles;
D through Z (flat weight truck/truck tractor - all weight classifications); DE (driver education);
DL (dealer);
EV (exempt vehicle);
FH (funeral home);
FM (farm machinery); FS (fertilizer spreader);
FT (farm fertilizer);
IT (transporter);
LY (livery);
MC (medical carrier); MD through MZ (mileage tax truck/truck tractor - all weight
classifications);
MFR (manufacturer); PM (permanently mounted equipment);
PT (public transportation);
RV (recreational vehicle);
SB (school bus);
TW (tow truck); TX (taxicab);
VF through VZ (farm truck/truck tractor - all weight classifications);
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Ambulance;
Apportioned - P (apportioned truck and truck tractor);
Apportioned - W (apportioned tow truck); or
Repossessor.
3. The vehicle has an out of state license plate but is of a type that would
require any of the state of Illinois license plate designations listed herein.
4. The vehicle has a gross vehicular weight rating in excess of twelve thousand
(12,000) pounds.
5. The vehicle is designed to transport ten (10) or more persons.
GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified
by the manufacturer or manufacturers as the maximum loaded weight of a
single vehicle.
TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle. Trailers shall
include, without limitation, semitrailers, farm trailers, pole trailers,
recreational vehicle trailers, campers, camping trailers, pop ups, trailer
coaches, travel trailers and utility trailers."
Section 3. That Section 19.45.065.C. of the Elgin Municipal Code, 1976, as amended,
entitled "Residential Districts" be and is hereby amended to read as follows:
C. Residential Districts:
1. No commercial vehicle shall be parked, kept, or stored at any time on a
"zoning lot" [SR] located within a residence conservation district or a
residence district, or on any "zoning lot" [SR] having a residential use as its
"principal use" [SR], or having a residential building or structure as its
"principal building" [SR].
2. Exceptions: The prohibition on the parking of commercial vehicles
provided for in this subsection 19.45.065.C. shall not apply to:
a. Commercial vehicles parked between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., when such commercial
vehicles are parked for the purpose of delivering or collecting
persons, materials or merchandise, or for the purpose of performing
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215
a service on the "zoning lot" [SR] on which the commercial vehicle
is parked; b. The services or operations of any governmental unit, public utility
or any such activities performed on behalf of any such governmental
unit or public utility; or
c. No more than one (1) “motor vehicle” [SR] with state of Illinois TX (taxicab) license plates provided said “motor vehicle” [SR] is parked
upon a “zoning lot” [SR] which contains the primary residence of
the owner or lessee of said “motor vehicle” [SR]."
Section 4. That Section 11.60.130 of the Elgin Municipal Code, 1976, as amended, entitled "Parking of Commercial or Recreational Vehicles, Trailers or Truck Tractors Restricted:"
be and is hereby further amended by amending subparagraph A thereof to read as follows:
"A. No commercial vehicle, trailer or truck tractor with a gross vehicle weight or registered weight of twelve thousand (12,000) pounds or more shall be permitted to be parked on any public street or any municipally owned parking lot for a longer
period than two (2) hours."
Section 5. That Section 11.60.135 of the Elgin Municipal Code, 1976, as amended, entitled "Parking of Commercial Vehicles Prohibited:" be and is hereby further amended by amending subparagraph B thereof entitled "Definitions" to read as follows:
"B. Definitions: For the purposes of this section, whenever any of the following words,
terms or phrases are used they shall have the meanings ascribed to them as follows: COMMERCIAL VEHICLE: A motor vehicle [SR] having attributes or
characteristics that meet or satisfy any of the following conditions:
1. The vehicle has a state of Illinois license plate designation indicating a weight classification in excess of twelve thousand (12,000) pounds, said designations being as follows:
F (12,001 - 16,000 pounds); H (16,001 - 26,000 pounds);
J (26,001 - 28,000 pounds);
K (28,001 - 32,000 pounds);
L (32,001 - 36,000 pounds);
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N (36,001 - 40,000 pounds);
P (40,001 - 45,000 pounds);
Q (45,001 - 50,000 pounds);
R (50,001 - 54,999 pounds);
S (55,000 - 59,500 pounds);
T (59,501 - 64,000 pounds);
V (64,001 - 73,280 pounds);
X (73,281 - 77,000 pounds); and
Z (77,001 - 80,000 pounds).
2. The vehicle has a state of Illinois license plate bearing one of the following
designations:
BM (municipal bus);
CM (commuter van);
CN (conservation truck/truck tractor);
CR (ceremonial);
CV (charitable vehicle) for second division vehicles;
D through Z (flat weight truck/truck tractor - all weight classifications);
DE (driver education);
DL (dealer);
EV (exempt vehicle);
FH (funeral home);
FM (farm machinery);
FS (fertilizer spreader);
FT (farm fertilizer);
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217
IT (transporter); LY (livery);
MC (medical carrier);
MD through MZ (mileage tax truck/truck tractor - all weight classifications);
MFR (manufacturer);
PM (permanently mounted equipment);
PT (public transportation);
RV (recreational vehicles); SB (school bus);
TW (tow truck);
TX (taxicab);
VF through VZ (farm truck/truck tractor - all weight classifications);
Ambulance; Apportioned - P (apportioned truck and truck tractor);
Apportioned - W (apportioned tow truck); or
Repossessor.
3. The vehicle has an out of state license plate but is of a type that would
require any of the state of Illinois license plate designations listed herein.
4. The vehicle has a gross vehicular weight rating in excess of twelve thousand (12,000) pounds.
5. The vehicle is designed to transport ten (10) or more persons.
GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a
single vehicle."
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Section 6. 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 7. 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 12, 2019
Passed: June 12, 2019
Vote: Yeas: 7 Nays: 2 Recorded: June 12, 2019 Published: June 14, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G23-19 DISCUSSION CONTINUED REGARDING AMENDING TITLE
19 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING”
REGARDING THE TEMPORARY PARKING OF RECREATIONAL VEHICLES
Carl Missele stated the reasons that he was not in favor of the municipal code change allowing
recreational vehicles.
There was discussion regarding current practices of allowing for the loading and unloading of
recreational vehicles.
Councilmember Dixon made a motion, seconded by Councilmember Powell, to amend the
proposed ordinance by limiting the number of instances, instituting a fine for violations, and
having a sunset clause to the final regulations. Upon a roll call vote: Yeas: Councilmembers
Dixon, Lopez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Martinez and Shaw.
The motion was approved. The draft ordinance reflecting these amendments would be
presented at the next city council meeting.
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ORDINANCE G24-19 PASSED PROVIDING FOR AN AMENDED ORDINANCE
REGARDING STORING PERSONAL PROPERTY ON PUBLIC PROPERTY AND AMENDING CHAPTER 10.35 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO SITTING OR LYING ON SIDEWALKS IN THE CENTER CITY BUSINESS DISTRICT
Laura Valdez-Wilson, Assistant City Manager, provided details regarding how this program would be implemented and communications with those impacted.
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G24-19
AN ORDINANCE
PROVIDING FOR AN AMENDED ORDINANCE REGARDING STORING PERSONAL PROPERTY ON PUBLIC PROPERTY AND AMENDING CHAPTER 10.35 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO SITTING OR LYING ON
SIDEWALKS IN THE CENTER CITY BUSINESS DISTRICT
WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each municipality may define, prevent and abate nuisances; and
WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 Constitution of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City of Elgin has observed an increase in the number of incidents relating
to persons storing personal property on property owned by the city including, but not limited to, in city parking garages; and
WHEREAS, public property should be accessible and available to residents and the public
at large for its intended uses and the unauthorized use of public property for the storage of personal
property interferes with the rights of others of the public to use public property for its intended purposes and can create a public health and safety hazard that adversely affects residential and commercial areas; and
WHEREAS, the City Council has determined that in order to protect the public health,
safety and welfare and to preserve the use of public property for its intended purposes that amended regulations regarding storing personal property on public property are necessary; and
WHEREAS, the regulations provided for in this ordinance relating to the use of city owned
property pertain to the government and affairs of the City of Elgin.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the Elgin Municipal Code, 1976, as amended, be and is hereby further
amended by adding a new Chapter 10.34 thereto entitled "Storing Personal Property on Public
Property" to read as follows:
"CHAPTER 10.34
STORING PERSONAL PROPERTY ON PUBLIC PROPERTY
10.34.010: PURPOSE AND INTENT:
Public property should be accessible and available to residents and the public at large for
its intended uses. The unauthorized use of public property for the storage of personal
property interferes with the rights of other members of the public to use public property for
its intended purposes and can create a public health and safety hazard that adversely affects residential and commercial areas. The purpose of this chapter is to maintain public areas
in clean, sanitary and accessible condition, to prevent harm to the health or safety of the
public, to prevent the misappropriation of public property for personal use, and to promote
the public health, safety and general welfare by insuring the public property remains readily
available for its intended uses.
10.34.020: DEFINITIONS:
PERSONAL PROPERTY: means any and all tangible property, includes, but not limited
to, items, goods, materials, merchandise, furniture, equipment, fixtures, structures, clothing, and household items. The term shall not include any vehicle as defined in the
Illinois Vehicle Code.
PUBLIC PROPERTY: means any property that is owned, managed or maintained by the
City of Elgin, and shall include, but not be limited to, any street, sidewalk, median, space, ground, mall, building, structure, parking lot, parking structure, public park, and any other
property of the city.
10.34.030: STORING OF PERSONAL PROPERTY ON PUBLIC PROPERTY
PROHIBITED:
A. No person shall store, accumulate, mass together or maintain personal property on
public property. All storage of personal property may be impounded by the city.
In the event personal property placed on public property interferes with the safe or
orderly management of the premises or poses a threat to the health, safety, or welfare of the public, it may be impounded at any time by the city.
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B. Personal property placed on public property shall be deemed to be stored personal
property if it has not been removed from public property within twenty-four (24) hours of service of the written notice required by Section 10.34.040, which requires such removal, and the city may cause the removal or impoundment of such stored
personal property, provided that moving the personal property to another location
on public property shall not be considered removing the personal property from
public property, and provided further that this Section shall not apply to personal property that pursuant to statute, ordinance, permit, regulation or other authorization by the city is placed on property that is owned or controlled by the
city.
10.34.040: NOTICE: A. The written notice required to be served by Section 10.34.030B shall be deemed to
have served if a copy of the written notice is served on the person storing the
personal property or is posted prominently and conspicuously on the stored
personal property. The written notice shall contain the following: 1. A description of the personal property to be removed (such description may
refer to an attached photograph).
2. The location of the personal property. 3. The date and time the notice was posted.
4. The section of the Elgin Municipal Code that is being violated.
5. A statement that the personal property will be impounded if not removed within twenty-four (24) hours.
6. The location where the removed property will be stored.
7. A statement that impounded property will be sold or otherwise disposed of if not claimed within thirty (30) days after impoundment.
8. A statement that the property owner shall be responsible for all costs of
removal, storage and disposal. B. If a shopping cart is removed and impounded pursuant to this chapter the city shall
attempt to notify the retail establishment which owns such shopping cart of the
location where the shopping cart may be claimed. The owner or the owner's agent
shall have three (3) business days from the date the city notifies such owner to retrieve the shopping cart without charge. If the owner or owner's agent fails to retrieve the shipping cart within three (3) business days, the shopping cart shall
become impounded property as provided in Section 10.34.050, written notice shall
be provided as provided in such section and the owner shall be subject to any
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applicable fees and costs imposed pursuant to such section. Any shopping cart not
reclaimed by the owner or owner's agent within thirty (30) days after the date of written notice may be disposed of as personal property valued at less than One
Thousand Dollars ($1,000).
10.34.050: STORAGE AND DISPOSABLE:
A. Impounded personal property shall be moved to a place of storage, and the owner
shall be assessed, moving, storage and other related fees and costs. Additionally,
the owner of impounded personal property shall bear the responsibility for the risk
of any loss or damage to the impounded property.
B. At least thirty (30) days prior to the disposal of impounded personal property, the
city shall have served notice in writing apprising the owner of the personal property
of the description and location of the impounded personal property and the intent
of the city to sell, donate, or otherwise dispose of the impounded property. Service
of written notice shall be by personal service or by certified mail, return receipt requested, to the last known address of the owner of impounded property if the
owner is known or can be determined. Where the identity or address of the owner
is unknown or cannot be determined through the exercise of reasonable diligence,
the notice shall be posted on the public property where the property was stored or
seized.
C. If any item of impounded personal property has an estimated value of One
Thousand Dollars ($1,000) or more, the city shall also give public notice in a daily
newspaper of the city a notice of sale of public auction of such property describing
in general terms and shall give notice that if such property is not claimed by the rightful owner or owners thereof within ten (10) days from the date of such
publication such property will be sold by public auction. Where no bid is received,
the impounded personal property may be sold by negotiation, disposed of or sold
as junk, kept by the city or donated to any other governmental agency or charitable
organization.
D. The requirement for public notice and public auction shall not apply when the
estimated value of the impounded personal property is less than One Thousand
Dollars ($1,000). In that event, the impounded personal property may be sold by
negotiation, disposed of or sold as junk, kept by the city or donated to any other governmental agency or charitable organization.
E. Any impounded personal property which is deemed unsafe, hazardous or perishable
may be disposed of immediately in any manner without notice after impoundment
by the city. Unsafe, hazardous or perishable personal property will be deemed to include, but not be limited to, used syringes, garbage, trash, items soiled with bodily
fluids or other biohazards, items for personal hygiene and food.
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F. The city shall maintain a record of the date and method of disposable of the
impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than
one (1) year from the date of disposal of the property.
10.34.060: PROCEEDS OF SALE: All fees and unpaid rent, debts and charges owing and all expenses of handling, storage,
appraisal, advertising, and other sale expenses incurred by the city shall be deducted from
the proceeds of any sale of the impounded property. Any amount remaining shall be held
in trust for the owner of the property for thirty (30) days after the sale, at which time the proceeds shall be paid into the general fund.
10.34.070: REPOSSESSION:
The owner or any person entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rents, debts, and charges owing and all handling, storage,
appraisal, advertising, and all other expenses incurred by the city in connection with the
proposed disposal of the impounded property.
10.34.080: CITY NOT LIABLE:
The City of Elgin, its officials, officers, employees, and agents shall not be liable to the
owner of impounded personal property because of any disposal of property made pursuant
to this chapter. The remedies available to the owner of impounded personal property are limited to those provided in this chapter.
10.34.090: SEVERABILITY:
If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall for any reason be judged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect,
impair or invalidate the remainder of this chapter and the application of such provision to
other persons or circumstances, but shall be confined in its operation to the provision,
clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this
chapter would have been adopted had such unconstitutional or invalid provision, clause,
sentence, paragraph, section or part thereof had not been included."
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Section 2. That Chapter 10.35 of the Elgin Municipal Code, 1976, as amended, entitled
"Sitting/Lying on Sidewalks or Storing Personal Property on Public Property in the Center City Business District Prohibited" be and is hereby further amended to read as follows:
"Chapter 10.35 SITTING/LYING ON SIDEWALKS IN THE CENTER CITY
BUSINESS DISTRICT PROHIBITED
10.35.010: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
CENTER CITY BUSINESS DISTRICT: That area bounded by the north side of Kimball
Street on the north, the east side of Dundee Avenue and the east side of Villa Street on the
east, the south side of National Street on the south and the west side of State Street on the west including, in all instances, all adjacent properties on both sides of each boundary
street.
SIDEWALK: An improved walkway intended primarily for pedestrians, usually running
parallel to one or both sides of the pavement of a street and public transit waiting areas located within the public right of way.
10.35.020: SITTING/LYING ON SIDEWALKS PROHIBITED:
It is unlawful for any person, after having been notified by a law enforcement officer of the prohibition in this section, to sit or lie down upon a public sidewalk or upon a blanket,
chair, stool, or any other object placed upon a public sidewalk, in the center city business
district.
10.35.030: EXCEPTIONS:
The prohibition regarding sitting/lying on sidewalks in the center city business district of
section 10.35.020 of this chapter shall not apply if:
A. Sitting or lying down on a public sidewalk is due to a medical emergency; or
B. As a result of age, infirmity or disability a person utilizes a wheelchair, walker,
stroller, or similar device to move about a public sidewalk; or
C. The person is operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use or similar permit; or
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D. A person participating in or attending a parade, festival, performance, rally,
demonstration, meeting or similar event conducted on a public sidewalk pursuant to a street use or other applicable permit; or
E. The person is sitting on a chair or bench located on the public sidewalk which is
supplied by a public or private agency or by the abutting private property owner; or
F. The sitting or lying is while waiting in an orderly line for entry to any building, including shelters, or awaiting social services such as provision of meals; or outside
a box office to purchase tickets to any sporting event, concert, performance, or other
special event if not impeding pedestrians from using the sidewalk or entering a door
or other entrance along the sidewalk; or G. A child who is in a stroller; or
H. The sitting or lying on a sidewalk is an integral part of a person then engaging in
constitutionally protected expressive activities which would otherwise be restricted by the prohibition in section 10.35.020 of this chapter, if not impeding pedestrians
from using the sidewalk or entering a door or other entrance along the sidewalk.
10.35.040: PENALTY FOR VIOLATION: A. First Offense: Any person found guilty of violating any provision of this chapter
shall be fined not less than one hundred dollars ($100.00) for the first offense.
B. Second Offense: Any person found guilty of violating any provision of this chapter for the second time within any one year period shall be fined not less than two hundred fifty dollars ($250.00).
C. Third and Subsequent Offense: Any person found guilty of violating any provision
of this chapter for the third time, or any subsequent time thereafter, within any one year period shall be fined not less than five hundred dollars ($500.00)."
Section 3. That all ordinances or parts of ordinance 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
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226
Presented: June 12, 2019
Passed: June 12, 2019 Vote: Yeas: 9 Nays: 0
Recorded: June 12, 2019
Published: June 14, 2019
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. G19-19 through G21-19 and adopt Resolution Nos. 19-83
through 19-89 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin,
Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE G19-19 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2600 MASON ROAD)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G19-19
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(2600 Mason Road)
WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and
WHEREAS, said petition includes therein a statement under oath by all the owners of
record that no electors reside on the subject territory; and
WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and
WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have
been forwarded to all public bodies required to receive said notice in the manner provided by law.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and
made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged
and extended to include in the corporate boundaries of the City of Elgin said territory:
That part of the East Half of the Southwest Quarter of Section 30, Township 42 North, Range 8, East of the Third Principal Meridian, lying Southerly of land acquired by the
Illinois State Toll Highway Commission by Proceedings filed in the Circuit Court of Kane
County, Illinois as Case No. 56-1213 in the Township of Dundee, Kane County, Illinois.
(commonly known as 2600 Mason Road).
Section 2. That a certified copy of this ordinance together with an accurate map of said
territories shall be filed with the Recorder of Deeds, Kane County, Illinois.
Section 3. 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 12, 2019
Passed: June 12, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 12, 2019 Published: June 14, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G20-19 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2600 MASON
ROAD)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JUNE 12, 2019 VOLUME LXXXIV
228
Ordinance No. G20-19
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE
RESEARCH INDUSTRIAL DISTRICT
(2600 Mason Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PORI
Planned Office Research Industrial District; and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning
Commission conducted a public hearing on April 1, 2019 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written Findings of Fact and 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 classifying certain territory in the PORI Planned Office Research Industrial 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 April 1, 2019, 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 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 PORI Planned Office Research Industrial District the
following described property:
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That part of the East Half of the Southwest Quarter of Section 30, Township 42 North,
Range 8, East of the Third Principal Meridian, lying Southerly of land acquired by the Illinois State Toll Highway Commission by Proceedings filed in the Circuit Court of Kane County, Illinois as Case No. 56-1213 in the Township of Dundee, Kane County, Illinois.
(commonly known as 2600 Mason Road).
Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District, which shall be designed, developed, and
operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the
provisions of Chapter 19.60 “Planned Developments”, of the Elgin Municipal
Code, as amended. A PORI zoning district is most similar to, but departs from the
standard requirements of the ORI zoning district. 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 PORI Planned Office Research Industrial 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, unless a departure has been granted by the City Council.
D. Zoning Districts; Generally. In this PORI Planned Office Research Industrial
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, unless a departure has been granted by the City Council.
E. Location and Size of District. PORI Planned Office Research Industrial Districts
should be located in substantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate PORI 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 industrial district shall be granted by the City Council.
F. Land Use. In this PORI Planned Office Research Industrial 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.
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A. Permitted Uses. The following enumerated “land uses” [SR] shall be the only
land uses allowed as a “permitted use” [SR] in this PORI Planned Office Research Industrial District:
1. Municipal services division:
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land.
2. Offices division:
"Offices" [SR] (UNCL).
3. Finance, insurance, and real estate division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
4. Services division:
Advertising (731).
Carpet and upholstery cleaning agents without plants on the premises
(7217).
Commercial, economic, sociological, and educational research (8732).
Commercial physical and biological research (8731).
Computer programming, data processing, and other computer related
services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies, and
adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management, and related services (87).
Home healthcare services (808).
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"Hotels and motels" [SR] (701).
Job training and vocational rehabilitation services (833).
Legal services (811).
Libraries (823). Linen supply (7213).
Mailing, reproduction, commercial art and photography, and stenographic
services (733). Management and public relations services (874).
Medical and dental laboratories (807).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
News syndicates (7383). Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804). Other schools and educational services (829).
Outdoor advertising services (7312).
Personnel supply services (736).
Photofinishing laboratories (7384).
Professional sports operators and promoters (7941). Refrigerator and air conditioning service and repair (7623).
Reupholstery and furniture repair (764).
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Security systems services (7382).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Vocational schools (824).
Watch, clock, and jewelry repair (763).
5. Retail trade division:
Automatic merchandising machine operators (5962).
Catalog and mail order houses (5961).
Direct selling establishments (5963).
6. Agricultural division:
Crop services (072).
Farm labor and management services (076).
Landscape counseling and planning (0781).
Soil preparation services (071).
7. Construction division:
"Contractor's office and equipment areas" [SR] (UNCL).
General warehousing and storage, but not including "warehousing, self-
storage" (4225).
8. Manufacturing division:
Apparel and other finished products made from fabrics and similar
materials (23).
Computer and office equipment (357).
Electronic and other electrical equipment and components (36).
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Fabricated metal products (34). Furniture and fixtures (25).
Industrial and commercial machinery and equipment (35).
Leather and leather products (31).
Measuring, analyzing, and controlling instruments; photographic, medical,
and optical goods; and watches and clocks (38).
Primary metal industries (33).
Printing, publishing, and allied industries (27).
Stone, clay, glass and concrete products (32). Tobacco products (21).
Transportation equipment (37).
9. Wholesale trade division:
Apparel piece goods and notions (513).
Beer, wine and distilled alcoholic beverages (518). Chemicals and allied products (516).
Drugs, drug proprietaries and druggists' sundries (512).
Electrical goods (506).
Farm product raw materials (515).
Furniture and home furnishings (502). Groceries and related products (514).
Hardware, and plumbing and heating equipment and supplies (507).
Lumber and other construction materials (503).
Machinery, equipment, and supplies (508).
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Metals and minerals, except petroleum (505).
Motor vehicles and motor vehicle parts and supplies (501).
Paper and paper products (511).
Petroleum and petroleum products (517).
Professional and commercial equipment and supplies (504).
10. Transportation, communication and utilities division:
"Accessory solar energy systems" [SR].
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antenna tower" [SR] (UNCL).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Courier services (4215).
Freight forwarding in general (4731), including but not limited to
fulfillment centers (including so-called last-mile fulfillment centers involving both warehousing and package delivery).
Intercity and rural bus transportation operators' offices (413).
Local and suburban passenger transportation operators' offices (411).
Natural gas transmission and distribution (4922) (4924).
Packing and crating (4783).
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"Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412). Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL).
"Utility scale solar energy systems" [SR].
"Wind energy conversion system towers" [SR].
"Wind energy conversion systems" [SR].
11. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the
ORI office research industrial district, subject to the provisions of Section
19.12.500 “Accessory Structures and Buildings”, of the Elgin Municipal
Code, as amended. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PORI
Planned Office Research Industrial District, subject to the provisions of
Section 19.10.400 “Permitted, Conditional, and Similar Land Uses”, of the
Elgin Municipal Code, as amended. "Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PORI Planned Office Research Industrial District, subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended.
"Parking lots" [SR] (UNCL), including but not limited to truck and trailer
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parking, exclusively “accessory” [SR] to a permitted use allowed in the
PORI Planned Office Research Industrial District, subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as
amended.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PORI Planned Office Research Industrial District, subject to the provisions of Chapter 19.45 “Off Street Parking”, of
the Elgin Municipal Code, as amended.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 “Street
Graphics”, of the Elgin Municipal Code, as amended.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses. The following enumerated “land uses” [SR] shall be the only
land uses allowed as a “conditional use” [SR] in this PORI Planned Office
Research Industrial District:
1. Agriculture division:
"Medical cannabis cultivation center" [SR].
2. Municipal services division:
"Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two
(2) acres of land.
3. Public administration division:
Public administration (J) on a zoning lot containing less than two (2) acres of
land.
4. Services division:
Armored car service (7381).
Carpet or rug cleaning, dyeing, or repairing plants (7217).
Child daycare services (835).
Dry cleaning plants (7216).
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237
Industrial launderers (7218). "Medical cannabis dispensing organization" [SR].
Power laundries (7211).
Truck route laundry and dry cleaning not operated by laundries or cleaners (7212).
5. Retail trade division:
Carryout restaurants (5812).
Drinking places (alcoholic beverages) (5813).
Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL).
6. Mining division:
"Temporary mining" [SR] (UNCL).
7. Manufacturing division:
Chemicals and allied products (28). Food and kindred products (20).
Lumber and wood products (24).
Paper and allied products (26).
Rubber and miscellaneous plastics products (30).
Textile mill products (22). 8. Transportation, communication and utilities division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL).
Heliports (458).
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"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Public warehousing and storage (422).
Railroad tracks (401).
"Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Water transportation (44).
9. Miscellaneous uses division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in this
PORI Planned Office Research Industrial District, subject to the provisions of section 19.12.500 “Accessory Structures and Buildings”, of the Elgin
Municipal Code, as amended.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PORI
Planned Office Research Industrial District, subject to the provisions of section 19.10.400 “Permitted, Conditional, and Similar Land Uses”, of the
Elgin Municipal Code, as amended.
"Commercial operations yard" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of Chapter 19.50 “Street
Graphics”, of the Elgin Municipal Code, as amended.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 “Off
Street Parking”, of the Elgin Municipal Code, as amended.
"Parking structures" [SR], subject to the provisions of Chapter 19.45 “Off
Street Parking”, of the Elgin Municipal Code, as amended.
"Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 “Planned
Developments”, of the Elgin Municipal Code, as amended.
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C. Similar Uses. The following enumerated “land uses” [SR] shall be subject to
classification as a permitted use or as a conditional use in this PORI Planned Office Research Industrial District, or in a less restrictive zoning district, pursuant to subsection 19.10.400 H of the Elgin Municipal Code, as amended:
1. Services division:
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Manufacturing division: Miscellaneous manufacturing industries (39).
3. Transportation, communication and utilities division:
Transportation services not elsewhere classified (4789).
G. Site Design. In this PORI Planned Office Research Industrial 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, except as provided within this section, and shall be in substantial conformance with the following documents:
1. General Conditions.
1) Substantial conformance to the Development Application submitted by CHI Development Operating, L.L.C., as applicant, and Bartel’s Farming
Corporation, as property owner, received February 15, 2019, and supporting
documents including:
a. Undated Rider Statement of Purpose and Conformance Map Amendment for Planned Development District (over 2 acres), received March 26,
2019, with the exception of any reference to “Sidewalk Plan dated March
26, 2019”;
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b. ALTA/NSPS Land title Survey, prepared by Haeger Engineering, dated
February 28, 2019, last revised March 15, 2019; c. Preliminary Topographic Survey Exhibit 40, prepared by Haeger
Engineering, dated December 21, 2018;
d. Site Plan Sheet A1.1-A, prepared by Harris Architects Inc., dated
February 15, 2019, last revised April 30, 2019, with such further
revisions as required by Community Development Director; e. Three building elevation sheets all titled A2.0-A, A2.0-B, and A2.0-C,
prepared by Harris Architects, Inc., dated February 15, 2019, last revised
April 30, 2019, with such further revisions as required by Community
Development Director;
f. Signage plans, including three sheet titled A1.1-A, A1.1-B, and A1.1-C, and three building elevation sheets titled A2.0-A, A2.0-B, and A2.0-C,
prepared by Harris Architects, Inc., dated February 15, 2019, last revised
April 30, 2019, and Single Face Illuminated Monument Sign plans
Option A and Option B and Single Face Illuminated Directional Sign
plan, prepared by Parvin-Clauss Sign Company, dated March 13, 2019, last revised May 7, 2019, with such further revisions as required by
Community Development Director;
g. Plat of Annexation to the City of Elgin, prepared by Haeger Engineering,
dated February 14, 2019, with such further revisions as required by City
Engineer; h. Plat of Dedication for a portion of Alft Ln, prepared by Haeger
Engineering, dated April 22, 2019, with such further revisions as
required by City Engineer;
i. Plat of subdivision titled “Final Plat of Crow Commerce Center in
Elgin”, prepared by Haeger Engineering, dated March 15, 2019, last revised June 6, 2019, with such further revisions as required by City
Engineer;
j. Site Photometric Plan, prepared by Jan Electric, dated February 15, 2019,
last revised March 22, 2019, with such further revisions as required by
Community Development Director; k. Alft Lane Extension landscape plan, prepared by Wingren Landscape,
dated March 15, 2019, with such further revisions as required by
Community Development Director;
l. Final Landscape Plans, Sheets L1-L6, prepared by Wingren Landscape,
dated February 15, 2019, last revised May 13, 2019, with such further revisions as required by Community Development Director;
m. Final Engineering Plans Crow Commerce Center – Elgin NE of Alft Ln.
& Mason Rd. Elgin, Illinois 60124, prepared by Kimley Horn, dated
February 15, 2019, last revised April 30, 2019, with such further
revisions as required by City Engineer; n. Alft Lane Extension Roadway Improvement Plans Section 30 Township
42 North Range 8 East Elgin, Illinois, prepared by Haeger Engineering,
dated July 20, 2018, last revised April 19, 2019, with such further
revisions as required by City Engineer;
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241
o. A stormwater management easement for the benefit of the City over a
portion of the property immediately west of the Subject Property and bearing Kane County tax parcel identification number 03-30-300-009 (the "Plote Parcel") relating to drainage from the Subject Alft Lane
Improvement, in a form as required by the City Engineer and as approved
by the Corporation Counsel.
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) A departure is hereby granted to allow the installation of stormwater detention facilities with a 3:1 side slopes.
3) A departure is hereby granted to allow the maximum allowable water level
fluctuation (bounce) within a stormwater detention of 8.5 feet.
4) Compliance with all applicable codes and ordinances.
5) Reasonable modifications to the final engineering plans on which the Final
Plat was based (the “Final Engineering Plans”) to solve engineering, layout
and/or design problems not reasonably foreseeable at the time of the execution of the Annexation Agreement, may be approved by the Development Administrator as “minor amendments” pursuant to Section
19.60.200 “Changes to Planned Developments”, of the Elgin Municipal
Code, as amended, provided that such changes are in substantial
conformance with the approved Final Engineering Plans and are approved by City Engineer.
6) The proposed Building C depicted on Site Plan, Sheet A1.1, prepared by
Harris Architects Inc., dated February 15, 2019, may be reduced in size and
repositioned as shown on Supplementary Site Plan, prepared by Kimley Horn, dated March 25, 2019, (or in any other substantially similar iteration) with associated parking and landscaping changes, and any other further
revisions as required by Community Development Director.
7) The applicant may construct additional vehicle use areas for the purposes of establishing no more than 47 parking spaces for semi-trucks and/or semi-trailers north of Building “A” on Lot 1, and no more than 21 parking spaces
for semi-trucks and/or semi-trailers north of Building “B” on Lot 2, subject
to compliance with all requirements of this Ordinance and the Municipal
Code, as amended. 2. Zoning Lots. In this PORI zoning district, “zoning lots” shall be subject to the
provisions of Section 19.12.300 “Zoning Lots - Clarifications and Exceptions”,
of the Elgin Municipal Code, as amended.
JUNE 12, 2019 VOLUME LXXXIV
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3. Lot Area. In this PORI zoning district, the minimum required “zoning lot area” shall be as follows:
a. Limited Access Street: Where a zoning lot has frontage on a "limited access
street" [SR], the minimum required lot area shall be one hundred twenty
thousand (120,000) square feet.
b. Collector Street: Where a zoning lot has frontage on a "major collector street" [SR] or on a "collector street" [SR], the minimum required lot area
shall be eighty thousand (80,000) square feet.
c. Local Street: Where a zoning lot has frontage on a "local street" [SR], the
minimum required lot area shall be sixty thousand (60,000) square feet.
4. Lot Width. In the PORI zoning district, the minimum required lot width for a
zoning lot shall be as follows:
a. Limited Access Street: Where a zoning lot has frontage on a "limited access
street" [SR], the minimum required lot width shall be three hundred (300)
linear feet. b. Collector Street: Where a zoning lot has frontage on a "major collector
street" [SR] or on a "collector street" [SR], the minimum required lot width
shall be two hundred (200) linear feet.
c. Local Street: Where a zoning lot has frontage on a "local street" [SR], the
minimum required lot width shall be one hundred sixty (160) linear feet.
5. Setbacks - Generally. In this PORI zoning district, “setbacks” [SR] shall be
subject to the provisions of Section 19.12.400 “Setbacks - Clarifications and
Exceptions”, of the Elgin Municipal Code, as amended.
6. Setbacks by Lot Line. In this PORI zoning district, the minimum required
“building setbacks” and “vehicle use area setbacks” from a “lot line” for a zoning
lot shall be as follows:
a. Building Setbacks. In this PORI zoning district, the minimum required “building setbacks” for a zoning lot shall be as follows:
1. Street Setback. The minimum required building street yard setback from
a "street lot line" [SR] shall be as follows:
From the Interstate 90 ROW 50 feet From Mason Road ROW 25 feet
From the Alft Lane ROW 25 feet
2. Interior Setback. The minimum required building interior yard setback
from an "interior lot line" [SR] shall be twenty (20) linear feet.
b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the
minimum required “vehicle use area setbacks” [SR] for a zoning lot shall be
as follows:
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243
1. Street Setback. The minimum required vehicle use area setback from a street lot line shall be ten (10) linear feet, except on Lot 1 along Alft Lane. The minimum required vehicle use area setback from a street lot
line along Alft Lane on Lot 1 of Crow Commerce Center in Elgin
subdivision shall be four (4) feet.
2. Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be five (5) linear feet, except between Lot 1 and
Lot 2 of Crow Commerce Center in Elgin subdivision where there shall
be no minimum required vehicle use area setback from an interior lot
line. 7. Accessory Structures and Buildings. In this PORI zoning district, “accessory
structures and buildings” [SR] shall be subject to the provisions of Section
19.12.500 “Accessory Structures and Buildings”, of the Elgin Municipal Code,
as amended. 8. Yards - Generally. In this PORI zoning district, a “street yard” [SR], a “side yard”
[SR], a “rear yard” [SR], or a “transition yard” [SR] established by a required
building setback or by the actual location of a building shall be subject to the
provisions of Section 19.12.600 “Obstructions in Yards”, of the Elgin Municipal Code, as amended.
9. Landscape Yards: In this PORI zoning district, landscape yards shall be as
follows:
1. Vehicle Use Area Landscape Yards: The yards established by vehicle use area setbacks shall be used as "vehicle use area landscape yards" [SR] with the
exception of access driveways as provided in Sections 19.45.110 “Access
Driveways to a Public Right of Way”, and 19.45.120 “Size of Driveways”, of
the Elgin Municipal Code, as amended. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700 “Landscaping”, of the Elgin Municipal Code, as amended.
2. Interior Landscape Yards: "Interior landscape yards" [SR] shall be installed
on a zoning lot featuring a "vehicle use area" [SR], which exceeds five thousand (5,000) square feet in area, subject to the provisions of Section 19.12.700 “Landscaping”, of the Elgin Municipal Code, as amended,
with the following departure:
a. A departure is hereby granted to allow a continuous vehicle use area in excess of 20,000 square feet with no interior landscape yards.
10. Floor Area: In this PORI zoning district, the maximum “floor area” [SR] for a
zoning lot shall be 70% of the zoning lot area.
JUNE 12, 2019 VOLUME LXXXIV
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11. Building Coverage: In this PORI zoning district, the maximum “building coverage” [SR] for a zoning lot shall be 55% of the zoning lot area.
H. Off Street Parking. In this PORI Planned Office Research Industrial District, off-
street parking shall be subject to the provisions of Chapter 19.45 “Off Street
Parking”, of the Elgin Municipal Code, as amended, and shall be in substantial conformance with the following:
1. Required Number of Parking Stalls. The required number of parking stalls shall
be subject to provisions of Chapter 19.45.080 “Table of Required Parking”, of
the Elgin Municipal Code, as amended, except as follows:
a. For Warehouse, storage, and distribution facilities, the number of parking
spaces required shall be one parking stall per 1,500 square feet of floor
area.
2. Collective Parking Facilities. Off street parking facilities for separate uses may
be provided collectively, if the total number of stalls so provided is not less than
the sum of the separate requirements of each "land use" [SR], and if all the
regulations governing the location of accessory off street facilities in relation to
the use served are observed. The off street parking facilities may be provided jointly or collectively within the property or on contiguous properties controlled
by the owners of the zoning lots by written covenant or agreement between the
owners of such zoning lots and adjacent properties.
3. A departure is hereby granted to allow the construction of "Parking Stalls" (SR) with minimum nine (9) linear feet in width by minimum eighteen (18) linear
feet in length.
I. Off Street Loading. In this PORI Planned Office Research Industrial 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 PORI Planned Office Research Industrial District, signs shall be
subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code,
as amended, and shall be in substantial conformance with the following:
1. A departure is hereby granted to allow one subdivision monument graphic not
to exceed 10 feet in height and 100 square feet in area. No other subdivision
entrance graphics shall be allowed for Crow Commerce Center in Elgin
subdivision.
2. A departure is hereby granted to allow the installation of a total of six
directional graphics not to exceed seven feet in height and 30 square feet in area
(not including the base) each.
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245
K. Nonconforming Uses and Structures. In this PORI Planned Office Research Industrial District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin
Municipal Code, as amended.
L. Amendments. In this PORI Planned Office Research Industrial District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended
M. Planned Developments. In this PORI Planned Office Research Industrial 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 PORI zoning district.
N. Conditional Uses. In this PORI Planned Office Research Industrial 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 PORI
zoning district.
O. Variations. In this PORI Planned Office Research Industrial District, variations shall be subject to the provisions of Chapter 19.10.500 “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 PORI zoning district.
P. 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
JUNE 12, 2019 VOLUME LXXXIV
246
Presented: June 12, 2019
Passed: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 12, 2019
Published: June 14, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-83 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR
CROW COMMERCE CENTER IN ELGIN Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-83
RESOLUTION
APPROVING FINAL PLAT OF SUBDIVISION FOR
CROW COMMERCE CENTER IN ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the Final Plat of Subdivision for Final Plat of Crow Commerce Center in
Elgin, prepared by Haeger Engineering, dated March 15, 2019, last revised June 6, 2019.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 12, 2019
Adopted: June 12, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV JUNE 12, 2019
247
RESOLUTION 19-84 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A
PORTION OF ALFT LANE (2600 MASON ROAD)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-84
RESOLUTION
ACCEPTING A PLAT OF DEDICATION FOR A PORTION OF ALFT LANE
(2600 Mason Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain Plat of Dedication for a portion of Alft Lane prepared by Haeger
Engineering., an Illinois Land Surveyor, and dated March 25, 2019, last revised May 31, 2019, for
the property legally described as follows:
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPLE MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF SAID WEST HALF, THENCE NORTH 00 DEGREES 39 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF
SAID WEST HALF, 803.84 FEET TO THE POINT OF BEGINNING; THENCE
NORTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 38.00 FEET, AN ARC DISTANCE OF 30.67 FEET,
THE CHORD OF SAID ARC HAVING A LENGTH OF 29.84 FEET AND A BEARING OF NORTH 23 DEGREES 22 MINUTES 54 SECONDS WEST;
THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 62.00 FEET, AN ARC DISTANCE OF 117.10 FEET
TO THE EAST LINE OF AFORESAID WEST HALF, THE CHORD OF SAID
ARC HAVING A LENGTH OF 100.45 FEET AND A BEARING OF NORTH 07 DEGREES 36 MINUTES 08 SECONDS EAST; THENCE SOUTH 00 DEGREES
39 MINUTES 09 SECONDS WEST ALONG SAID EAST LINE, 126.97 FEET
TO THE POINT OF BEGINNING, KANE COUNTY, ILLINOIS.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
JUNE 12, 2019 VOLUME LXXXIV
248
Presented: June 12, 2019
Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-85 ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH GIFFORD PARK ASSOCIATION FOR USE OF LAND AS A
COMMUNITY GARDEN (111 N. CHANNING STREET)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-85
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH
GIFFORD PARK ASSOCIATION FOR USE OF LAND AS A COMMUNITY GARDEN (111 N. Channing Street)
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 License Agreement on behalf of the City of Elgin with the Gifford Park Association for use of land as a community garden, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 12, 2019
Adopted: June 12, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV JUNE 12, 2019
249
RESOLUTION 19-86 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT & DEDICATION FOR WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT PURPOSES FROM OASIS ON 20, INC. AND ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC
IMPROVEMENTS (3191 ROUTE 20, ELGIN, ILLINOIS)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-86 RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT &
DEDICATION FOR WATERMAIN, SANITARY SEWER, AND STORMWATER
MANAGEMENT PURPOSES FROM OASIS ON 20, INC. AND ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (3191 Route 20, Elgin, Illinois)
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 & Dedication from Oasis on 20, Inc. for watermain, sanitary sewer and stormwater management purposes 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 & Dedication to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.
BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and
maintenance the following public improvements and appurtenances thereto located within the easements described in such plat of easement: 1,032 lineal feet of eight-inch watermain; one, eight-inch valve in 48-inch vault; four fire hydrants; 372 lineal feet of eight-inch sanitary sewer; 502
lineal feet of ten-inch sanitary sewer main; four, 48-inch sanitary manholes and all their respective
appurtenances. The stormwater management easement being dedicated is reserved for and granted
to the City of Elgin as may be deemed necessary for the purposes of performing aforementioned maintenance obligations should the owner fail to provide or perform such maintenance obligations however the City has no obligation to maintain the stormwater management facilities.
s/ David J. Kaptain
David J. Kaptain, Mayor
JUNE 12, 2019 VOLUME LXXXIV
250
Presented: June 12, 2019
Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-87 ADOPTED FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE APPROPRIATION OF 2019 MOTOR FUEL
TAX FUNDS FOR ANNUAL ROADWAY MAINTENANCE PROGRAMS
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 19-87 IS ON FILE IN THE CITY CLERK’S OFFICE.
RESOLUTION 19-88 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE
AGREEMENT WITH W.S. DARLEY & CO. FOR FIRE PROTECTIVE TURNOUT
CLOTHING Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-88
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH W.S. DARLEY &
CO. FOR FIRE PROTECTIVE TURNOUT CLOTHING 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 Agreement on behalf of the City of Elgin with W.S.
Darley & Co. for fire protective turnout clothing, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXIV JUNE 12, 2019
251
Presented: June 12, 2019
Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-89 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TOWN OF ELGIN FOR YOUTH RELATED INITIATIVES
Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-89
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE TOWN OF ELGIN FOR YOUTH RELATED INITIATIVES
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 the Town of
Elgin for youth related initiatives, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 12, 2019
Adopted: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JUNE 12, 2019 VOLUME LXXXIV
252
ORDINANCE G21-19 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL
FITNESS FACILITY (24 TYLER CREEK PLAZA)
Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G21-19
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY
(24 Tyler Creek Plaza)
WHEREAS, written application has been made requesting conditional use approval to
establish a physical fitness facility at 24 Tyler Creek Plaza; and
WHEREAS, the zoning lot with the building containing the premises at 24 Tyler Creek Plaza 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 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 May 6, 2019 following due notice including 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 pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
VOLUME LXXXIV JUNE 12, 2019
253
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated May 6, 2019, 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 24 Tyler Creek Plaza, which is part of the property commonly identified by Kane County Property Identification Numbers (PINs) 06-03-376-016, 06-03-376-017, and 06-03-376-020, and legally described as follows:
LOTS 3, 4, 5 AND 6 IN TYLER CREEK PLAZA SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1983
AS DOCUMENT 1660686, IN KANE COUNTY, ILLINOIS.
PARCEL 2: EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AND DESCRIBED IN DECLARATION DOCUMENT
1660687, AS AMENDED FROM TIME TO TIME, ON AND over LOTS 1 AND 2 IN
TYLER CREEK PLAZA SUBDIVISION AFORESAID AND ALSO OVER THAT
PART OF FRACTIONAL SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTH MCLEAN
BOULEVARD WITH THE CENTER LINE OF BIG TIMBER ROAD, THENCE
NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN BOULEVARD
882,12 FEET FROM THE PLACE OF BEGINNING; THENCE EASTERLY AND PARALLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE
396.00 FEET TO A POINT ON THE NORTH LINE OF TYLER CREEK PLAZA
SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE 398.72 FEET TO
THE CENTER LINE OF NORTH MCLEAN BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 396.06 FEET TO THE PLACE OF BEGINNING (EXCEPT PART IN MCLEAN BOULEVARD) IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS (commonly known as 1-60 Tyler Creek Plaza). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:
8) Substantial conformance to the Development Application submitted by Marcus Banner
d/b/a Our Neighborhoods Empowered, as applicant, and J & J Covina LLC, as property owner, received April 3, 2019 and supporting documents including:
a. Undated Statement of Purpose and Conformance from Our Neighborhoods
Empowered, dated received April 18, 2019;
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b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 7, 2002;
c. Undated Proposed Floor Plan, received April 3, 2019, with such further revisions as required by the Community Development Director; and
d. Undated Tyler Creek Plaza Tenant Inventory, dated received April 4, 2019;
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.
9) This grant of conditional use is limited to Tenant Space 24 as depicted upon the Tyler
Creek Plaza Tenant Inventory, dated received April 4, 2019.
10) The information center to be used as the computer lab and after school programming is
limited to 10 percent of the total floor area of the physical fitness facility.
11) All exterior street graphics must comply with the zoning ordinance requirements.
12) 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 12, 2019
Passed: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2019
Published: June 14, 2019
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Human Relations Commission, May 7, 2019
Sustainability Commission, Various Dates
Committee of the Whole, May 8, 2019
City Council Minutes, May 8, 2019 Sales Tax Revenue Telecommunications Tax Revenue
Natural Gas Tax Revenue
Electricity Tax Revenue
Hotel/Motel Tax Revenue Motor Fuel Tax Revenue Video Gaming Tax Revenue
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 9:03 p.m.
s/ Kimberly Dewis June 26, 2019
Kimberly Dewis, City Clerk Date Approved