HomeMy WebLinkAboutx - December 18, 2019 CC DECEMBER 18, 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 December 18,
2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m.
The Invocation was given by Pastor Andre Allen from New Beginnings Ministries World-Wide
and the Pledge of Allegiance was led by Mayor David Kaptain.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE DECEMBER 4, 2019, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the December 4, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
COMMUNICATIONS
Carberry 107th Anniversary Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, George Carbary was born and raised in Elgin; studied law under Kane County Circuit Court Judge Clinton Irwin and was sworn in as an attorney on April 3, 1912; served as Kane County State’s Attorney during Prohibition from 1928 through 1936; and continued to
practice law for 61 years, until his death in 1973; and
WHEREAS, George’s son, Warren Carbary, was born and raised in Elgin, graduated from Harvard University in 1942; served in the Army Air Corps as a sergeant with a B-24 bomber group in the Pacific from 1942 until 1945; graduated in 1948 from the University of Michigan
Law School and was sworn in as an attorney on January 17, 1949; joined his father to form the
Law Office of Carbary and Carbary; and continued to practice law until his death in 2011; and
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WHEREAS, In 1963, George and Warren took on a new partner, Robert A. Chapski; the
law office was then changed to Carbary, Carbary & Chapski, which partnership dissolved in May 1973 upon the death of George Carbary; and
WHEREAS, Warren’s son, Jonathan Carbary, was born and raised in Elgin; graduated
from Knox College in 1972; served in the US Army after college and was honorably discharged
as a 1st lieutenant at the end of 1973; graduated in 1978 from Hamline University School of Law in St. Paul, Minnesota and was sworn in as an attorney on November 3, 1978; began working with Attorneys Robert Chapski and Gene Nottolini before establishing his own law firm, the Law
Offices of Jonathan L. Carbary on April 19, 1996; was sworn into the United States Supreme Court
on June 14, 2004; and intends to retire on January 31, 2020; and
WHEREAS, The Carbary family have been providing law services in Elgin for a continuous period of 107 years and with Jonathan’s son, J.R., now a practicing lawyer with
Northrup Grumman in St. Paul, Minnesota; the family can boast of four generations of attorneys.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby invite all citizens to join us in thanking the Carbary family for 107 years of continuous service and dedication to the citizens of Elgin and Northern Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of December, 2019.
David J. Kaptain
Mayor
Fire Chief David Schmidt Retirement Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION OF APPRECIATION FOR FIRE CHIEF DAVID SCHMIDT
WHEREAS, Fire Chief David Schmidt was originally hired as a firefighter for the city
of Elgin on September 5, 1989, was promoted to Lieutenant on April 23, 2000, Fire Captain on
May 1, 2005, Assistant Fire Chief on January 10, 2011 and Fire Chief on October 25, 2016; and
WHEREAS, Chief Schmidt has a Bachelor’s degree in Fire Science from Southern Illinois University, is a graduate from the International Association of Fire Chief’s Fire Service
Executive Development Institute, a Chief Fire Officer certification from the Illinois State Fire
Marshal, an Executive Fire Officer certification from the National Fire Academy and was named
American Legion Firefighter of the Year for 2009; and
` WHEREAS, the organization has benefitted greatly from Chief Schmidt’s innovative
leadership and during his three years as Fire Chief, Chief Schmidt developed the Rescue Task
Force program in coordination with the Elgin Police Department, lead the development of the
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department’s Technology Division, and has worked diligently with the department’s academy,
training firefighters for Elgin and other municipalities; and
WHEREAS, Chief Schmidt is a member of the Illinois Incident Management Team, the
State of Illinois Honor Guard, the International Association of Fire Chiefs and the Illinois Fire
Chiefs Association; and
WHEREAS, After 30 years with the Elgin Fire Department, Chief Schmidt announced
his retirement effective on January 3, 2020 in order to become Fire Chief in Carrboro, North
Carolina.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem to Chief David Schmidt for his outstanding
service to the City and the community on the occasion of his retirement and wish him luck in all
his future endeavors.
IN WITNESS THEREOF, I have hereunto set my hand this 18th day of December, 2019. David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Chuck Keysor commented the Civic Plaza improvements and the impact on the users of the
surrounding buildings.
Eric Rubin invited the public to attend the Christmas Community Dinner on December 21, 2019
from 11:00 a.m. – 2:00 p.m. at the Hemmens Cultural Arts Center.
Joe Galli, President of the Local Fire Union, noted their membership had accepted the agreement
being voted on this evening. He asked that the council approve the agreement.
BID 19-052 AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT
CHEMICALS
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve
contracts with Alexander Chemicals for ammonia hydroxide, caustic soda, chlorine and
hydrofluorosilicic acid; Brenntag Great Lakes for soda ash, Carus Corporation for potassium
permanganate; Mississippi Lime Company for lime; Ingevity Corporation for powder activated
carbon; Kemira Water Solutions, Inc. for ferric sulfate; Nalco Company for acrylic polymer; Polydyne for clarifloc; Praxair for carbon dioxide; USALCO, LLC for aluminum sulfate; and,
Purafil, Inc. for chlorine scrubber material, all in the collective amount of $1,692,730. 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 19-060 AWARDED TO CREEKSIDE PRINTING FOR 2020 PARKS AND
RECREATION BROCHURE PRINTING
Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a
contract to Creekside Printing in the amount not to exceed $21,668 to provide a comprehensive
brochure of parks and recreation services. Upon a roll call vote: Yeas: Councilmembers Dixon,
Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE G63-19 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PROVIDE FOR
REGULATIONS RELATING TO ADULT-USE CANNABIS
Councilmember Steffen made a motion, seconded by Councilmember Dixon, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw.
Ordinance No. G63-19
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "ZONING" TO PROVIDE FOR REGULATIONS RELATING TO ADULT-USE CANNABIS
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (hereinafter referred
to as “the Act”) to allow the use of cannabis by persons 21 years of age or older beginning January 1, 2020; and
WHEREAS, the Act allows for the establishment of adult-use cannabis business establishments throughout the state; and
WHEREAS, a written application has been made to amend Title 19 of the Elgin Zoning Ordinance entitled "Zoning"; 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; and
WHEREAS, the City Council concurs with the findings and recommendation 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
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WHEREAS, zoning pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated November 4, 2019 made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by
reference as Exhibit A.
Section 2. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled
“Definitions and Regulations,” be and is hereby further amended to add the following language:
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An “adult-use cannabis
cultivation center” [SR], “adult-use cannabis craft grower” [SR], “adult-use cannabis processing organization or processor” [SR], “adult-use cannabis infuser organization or
infuser” [SR], “adult-use cannabis dispensing organization” [SR], or “adult-use cannabis
transporting organization or transporter” [SR].
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure
and package cannabis and perform other necessary activities to make cannabis available
for sale at a dispensing organization or use at a processing organization, per the Cannabis
Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and
regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be
amended from time-to-time, regulations promulgated thereunder, and the regulations
provided within this Code. An “adult-use cannabis craft grower” [SR] shall also be subject
to the following supplementary regulations:
A. In addition to all state-imposed minimum distance limits, an “adult-use
cannabis craft grower” [SR] shall not be located within two hundred fifty feet
(250’) of a pre-existing public or private preschool or elementary or secondary
school or daycare center, daycare home, group daycare home, part day childcare
facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A
shall be measured in a straight line from the nearest “lot line” [SR] of the “adult-
use cannabis craft grower” [SR] to the nearest “lot line” [SR] of the “land use”
[SR] from which the setback is sought; provided that if a "adult-use cannabis
craft grower" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be
measured from the nearest demising wall of the distinct tenant space within the
building in which the "adult-use cannabis craft grower" [SR] is proposed to the
nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought.
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B. On-premises consumption of cannabis or a product-containing cannabis is
prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of
cannabis or products containing cannabis is prohibited anywhere inside or on
the grounds of this establishment.”
C. An “adult-use cannabis craft grower” [SR] shall not be located within a house,
apartment, condominium, or an area zoned for residential use.
D. All aspects of an “adult-use cannabis craft grower” [SR] shall be contained
within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for
an “adult-use cannabis craft grower” [SR] shall also include an odor control
plan.
E. Any new building intended to be occupied by an “adult-use cannabis craft grower” [SR] shall comply with the architectural standards for an industrial
building established within Chapter 19.14 of this title.
F. An “adult-use cannabis craft grower” [SR] shall not be established as an
accessory use or a component land use with any other land use, except another “adult-use cannabis business establishment” [SR], but not including with an
"adult-use cannabis dispensing organization" [SR] or a "medical cannabis
dispensing organization" [SR].
G. In addition to those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis craft
grower” [SR] shall also include:
a. A complete copy of all applications and plans submitted for required
state licenses; b. An inventory control plan;
c. A floor plan;
d. A plan for the removal, recycling, disposal, and/or destruction of
cannabis waste; and
e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its
recommendation regarding same to the Planning & Zoning Commission
prior to the public hearing for the conditional use.
H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated
thereunder, and this title.
DECEMBER 18, 2019 VOLUME LXXXIV
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I. Before the issuance of an occupancy permit or otherwise opening to the public,
an “adult-use cannabis craft grower” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis craft grower” [SR] with the
Development Administrator.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an
organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and
cannabis-infused products to licensed cannabis business establishments, per the Cannabis
Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and
regulations promulgated thereunder. Such facility shall comply with all regulations
provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations
provided within this Code. An “adult-use cannabis cultivation center” [SR] shall also be
subject to the following supplementary regulations:
A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis cultivation center” [SR] shall not be located within two hundred fifty
feet (250’) of a pre-existing public or private preschool or elementary or
secondary school or daycare center, daycare home, group daycare home, part
day childcare facility, college, or university, or a publicly owned or operated
park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR]
of the “adult-use cannabis cultivation center” [SR] to the nearest “lot line” [SR]
of the “land use” [SR] from which the setback is sought; provided that if a
"adult-use cannabis cultivation center" [SR] is to be situated in a distinct tenant
space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct
tenant space within the building in which the "adult-use cannabis cultivation
center" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR]
from which the setback is sought.
B. On-premises consumption of cannabis or a product-containing cannabis is
prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches,
shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of
cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment.”
C. An “adult-use cannabis cultivation center” [SR] shall not be located within a
house, apartment, condominium, or an area zoned for residential use.
D. All aspects of an “adult-use cannabis cultivation center” [SR] shall be contained
within a completely enclosed building. In addition to those documents required
for any application for a conditional use, an application for a conditional use for
VOLUME LXXXIV DECEMBER 18, 2019
527
an “adult-use cannabis cultivation center” [SR] shall also include an odor
control plan.
E. Any new building intended to be occupied by an “adult-use cannabis cultivation
center” [SR] shall comply with the architectural standards for an industrial
building established within Chapter 19.14 of this title.
F. An “adult-use cannabis cultivation center” [SR] shall not be established as an
accessory use or a component land use with any other land use, except another
“adult-use cannabis business establishment” [SR], but not including with an
"adult-use cannabis dispensing organization" [SR] or a "medical cannabis
dispensing organization" [SR].
G. In addition to those documents required for any application for a conditional
use, an application for a conditional use for an “adult-use cannabis cultivation
center” [SR] shall also include:
a. A complete copy of all applications and plans submitted for required
state licenses;
b. An inventory control plan;
c. A floor plan;
d. A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
e. A security and outdoor lighting plan. The Elgin Police Department shall
review the items required by this subsection and forward its
recommendation regarding same to the Planning & Zoning Commission
prior to the public hearing for the conditional use.
H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-
0027), as it may be amended from time-to-time, regulations promulgated
thereunder, and this Title.
I. Before the issuance of an occupancy permit or otherwise opening to the public,
an “adult-use cannabis cultivation center” [SR] must file a copy of all required
state licenses to operate as an “adult-use cannabis cultivation center” [SR] with
the Development Administrator.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an
organization or business that is licensed by the Illinois Department of Financial and
Professional Regulation to acquire cannabis from licensed cannabis business
establishments for the purpose of selling or dispensing cannabis, cannabis-infused
products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax
Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations
promulgated thereunder. Such facility shall comply with all regulations provided within
the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-
DECEMBER 18, 2019 VOLUME LXXXIV
528
to-time, regulations promulgated thereunder, and the regulations provided within this
Code. An “adult-use cannabis cultivation center” [SR] shall also be subject to the following supplementary regulations:
A. In addition to all state-imposed minimum distance limits, an “adult-use
cannabis dispensing organization” [SR] shall not be located within two hundred
fifty feet (250’) of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group
daycare home, part day childcare facility, college, or university, or a publicly
owned or operated park or forest preserve. The two hundred fifty foot (250’)
distance limit in this subsection A shall be measured in a straight line from the
nearest “lot line” [SR] of the “adult-use cannabis dispensing organization” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is
sought; provided that if a "adult-use cannabis dispensing organization" [SR] is
to be situated in a distinct tenant space within a multi-tenant building, then the
setback described in this subsection A shall be measured from the nearest
demising wall of the distinct tenant space within the building in which the "adult-use cannabis dispensing organization" [SR] is proposed to the nearest
“lot line” [SR] of the “land use” [SR] from which the setback is sought.
B. On-premises consumption of cannabis or a product-containing cannabis is
prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of
cannabis or products containing cannabis is prohibited anywhere inside or on
the grounds of this establishment.”
C. An “adult-use cannabis dispensing organization” [SR] shall not be located
within a house, apartment, condominium, or an area zoned for residential use.
D. Any new building intended to be occupied by an “adult-use cannabis dispensing
organization” [SR] shall comply with the architectural standards for a
commercial building established within Chapter 19.14 of this title.
E. An “adult-use cannabis dispensing organization” [SR] shall not be established
as an accessory use or a component land use with any other land use, except a
“medical cannabis dispensing organization” [SR].
F. An “adult-use cannabis dispensing organization” [SR] shall not include a “drive
through facility” [SR].
G. In addition to those documents required for any application for a conditional
use, an application for a conditional use for an “adult-use cannabis dispensing organization” [SR] shall also include:
VOLUME LXXXIV DECEMBER 18, 2019
529
a. A complete copy of all applications and plans submitted for required
state licenses; b. An inventory control plan;
c. A floor plan;
d. A plan for the removal, recycling, disposal, and/or destruction of
cannabis waste; and
e. A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its
recommendation regarding same to the Planning & Zoning Commission
prior to the public hearing for the conditional use.
H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated
thereunder, and this Title.
I. Before the issuance of an occupancy permit or otherwise opening to the public,
an “adult-use cannabis dispensing organization” [SR] must file a copy of all required state licenses to operate as an “adult-use cannabis dispensing
organization” [SR] with the Development Administrator.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility
operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax
Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations
promulgated thereunder. Such facility shall comply with all regulations provided within
the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this
Code. An “adult-use cannabis infuser organization or infuser” [SR] shall also be subject to
the following supplementary regulations:
A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis infuser organization or infuser” [SR] shall not be located within two
hundred fifty feet (250’) of the property line of a pre-existing public or private
preschool or elementary or secondary school or daycare center, daycare home,
group daycare home, part day childcare facility, college, or university, or a
publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight line
from the nearest “lot line” [SR] of the “adult-use cannabis infuser organization
or infuser” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which
the setback is sought; provided that if a "adult-use cannabis infuser organization
or infuser" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from
the nearest demising wall of the distinct tenant space within the building in
which the "adult-use cannabis infuser organization or infuser" [SR] is proposed
DECEMBER 18, 2019 VOLUME LXXXIV
530
to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is
sought.
B. On-premises consumption of cannabis or a product-containing cannabis is
prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches,
shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on
the grounds of this establishment.”
C. An “adult-use cannabis infuser organization or infuser” [SR] shall not be
located within a house, apartment, condominium, or an area zoned for residential use.
D. All aspects of an “adult-use cannabis infuser organization or infuser” [SR] shall
be contained within a completely enclosed building. In addition to those
documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis infuser organization or infuser”
[SR] shall also include an odor control plan.
E. Any new building intended to be occupied by an “adult-use cannabis infuser
organization or infuser” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
F. An “adult-use cannabis infuser organization or infuser” [SR] shall not be
established as an accessory use or a component land use with any other land
use, except another “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a
"medical cannabis dispensing organization" [SR].
G. In addition to those documents required for any application for a conditional
use, an application for a conditional use for an “adult-use cannabis infuser organization or infuser” [SR] shall also include:
a. A complete copy of all applications and plans submitted for required
state licenses;
b. An inventory control plan; c. A floor plan;
d. A plan for the removal, recycling, disposal, and/or destruction of
cannabis waste; and
e. A security and outdoor lighting plan. The Elgin Police Department shall
review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission
prior to the public hearing for the conditional use.
VOLUME LXXXIV DECEMBER 18, 2019
531
H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-
0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
I. Before the issuance of an occupancy permit or otherwise opening to the public,
an “adult-use cannabis infuser organization or infuser” [SR] must file a copy of
all required state licenses to operate as an “adult-use cannabis infuser organization or infuser” [SR] with the Development Administrator.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A
facility operated by an organization or business that is licensed by the Illinois Department
of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to
produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as
it may be amended from time-to-time, and regulations promulgated thereunder. Such
facility shall comply with all regulations provided within the Cannabis Regulation and Tax
Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An “adult-use cannabis
processing organization or processor” [SR] shall also be subject to the following
supplementary regulations:
A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis processing organization or processor” [SR] shall not be located within
two hundred fifty feet (250’) of the property line of a pre-existing public or
private preschool or elementary or secondary school or daycare center, daycare
home, group daycare home, part day childcare facility, college, or university,
or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured in a straight
line from the nearest “lot line” [SR] of the “adult-use cannabis processing
organization or processor” [SR] to the nearest “lot line” [SR] of the “land use”
[SR] from which the setback is sought; provided that if a "adult-use cannabis
processing organization or processor" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this
subsection A shall be measured from the nearest demising wall of the distinct
tenant space within the building in which the "adult-use cannabis processing
organization or processor" [SR] is proposed to the nearest “lot line” [SR] of the
“land use” [SR] from which the setback is sought.
B. On-premises consumption of cannabis or a product-containing cannabis is
prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches,
shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on
the grounds of this establishment.”
DECEMBER 18, 2019 VOLUME LXXXIV
532
C. An “adult-use cannabis processing organization or processor” [SR] shall not be
located within a house, apartment, condominium, or an area zoned for residential use.
D. All aspects of an “adult-use cannabis processing organization or processor”
[SR] shall be contained within a completely enclosed building. In addition to
those documents required for any application for a conditional use, an application for a conditional use for an “adult-use cannabis processing
organization or processor” [SR] shall also include an odor control plan.
E. Any new building intended to be occupied by an “adult-use cannabis processing
organization or processor” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
F. An “adult-use cannabis processing organization or processor” [SR] shall not be
established as an accessory use or a component land use with any other land
use, except another “adult-use cannabis business establishment” [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a
"medical cannabis dispensing organization" [SR].
G. In addition to those documents required for any application for a conditional
use, an application for a conditional use for an “adult-use cannabis processing organization or processor” [SR] shall also include:
a. A complete copy of all applications and plans submitted for required
state licenses;
b. An inventory control plan; c. A floor plan;
d. A plan for the removal, recycling, disposal, and/or destruction of
cannabis waste; and
e. A security and outdoor lighting plan. The Elgin Police Department shall
review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission
prior to the public hearing for the conditional use.
H. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-
0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
I. Before the issuance of an occupancy permit or otherwise opening to the public,
an “adult-use cannabis processing organization or processor” [SR] must file a
copy of all required state licenses to operate as an “adult-use cannabis processing organization or processor” [SR] with the Development
Administrator.
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533
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER:
An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college
licensed under the Community College Cannabis Vocational Training Pilot Program, per
the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-
to-time, and regulations promulgated thereunder. Such facility shall comply with all
regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the
regulations provided within this Code. An “adult-use cannabis transporting organization or
transporter” [SR] shall also be subject to the following supplementary regulations:
A. In addition to all state-imposed minimum distance limits, an “adult-use cannabis transporting organization or transporter” [SR] shall not be located
within two hundred fifty feet (250’) of the property line of a pre-existing public
or private preschool or elementary or secondary school or daycare center,
daycare home, group daycare home, part day childcare facility, college, or
university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250’) distance limit in this subsection A shall be measured
in a straight line from the nearest “lot line” [SR] of the “adult-use cannabis
transporting organization or transporter” [SR] to the nearest “lot line” [SR] of
the “land use” [SR] from which the setback is sought; provided that if a "adult-
use cannabis transporting organization or transporter" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described
in this subsection A shall be measured from the nearest demising wall of the
distinct tenant space within the building in which the "adult-use cannabis
transporting organization or transporter" [SR] is proposed to the nearest “lot
line” [SR] of the “land use” [SR] from which the setback is sought.
B. On-premises consumption of cannabis or a product-containing cannabis is
prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches,
shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on
the grounds of this establishment.”
C. An “adult-use cannabis transporting organization or transporter” [SR] shall not
be located within a house, apartment, condominium, or an area zoned for residential use.
D. All aspects of an “adult-use cannabis transporting organization or transporter”
[SR] shall be contained within a completely enclosed building, except for the
authorized parking and storage of delivery vehicles.
E. Any new building intended to be occupied by an “adult-use cannabis
transporting organization or transporter” [SR] shall comply with the
DECEMBER 18, 2019 VOLUME LXXXIV
534
architectural standards for an industrial building established within Chapter
19.14 of this title.
J. An “adult-use cannabis transporting organization or transporter” [SR] shall not
be established as an accessory use or a component land use with any other land
use, except another “adult-use cannabis business establishment” [SR], but not
including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
F. In addition to those documents required for any application for a conditional
use, an application for a conditional use for an “adult-use cannabis transporting
organization or transporter” [SR] shall also include:
a. A complete copy of all applications and plans submitted for required
state licenses;
b. An inventory control plan;
c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of
cannabis waste; and
e. A security and outdoor lighting plan. The Elgin Police Department shall
review the items required by this subsection and forward its
recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
G. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-
0027), as it may be amended from time-to-time, regulations promulgated
thereunder, and this Title.
H. Before the issuance of an occupancy permit or otherwise opening to the public,
an “adult-use cannabis transporting organization or transporter” [SR] must file
a copy of all required state licenses to operate as an “adult-use cannabis
transporting organization or transporter” [SR] with the Development Administrator.
CANNABIS TESTING FACILITY: A facility or portion thereof operated by an
organization or business that is licensed by the Illinois Department of Agriculture to test
cannabis for potency and contaminants, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated
thereunder. Such facility shall comply with all regulations provided within the Cannabis
Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time,
regulations promulgated thereunder, and the regulations provided within this Code. A
“cannabis testing facility” [SR] shall be subject to the following supplementary regulation:
A. Whenever cannabis or cannabis-infused products are not being actively tested,
any cannabis or cannabis-infused products shall be moved to and stored in an
enclosed locked space as defined within the Cannabis Regulation and Tax Act,
VOLUME LXXXIV DECEMBER 18, 2019
535
(P.A. 101-0027), as it may be amended from time-to-time, and regulations
promulgated thereunder.
B. Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-
0027), as it may be amended from time-to-time, regulations promulgated
thereunder, and this Title.
Section 3. That only the specific definitions below within Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions and Regulations,” be and are hereby further amended to read
as follows:
ALCOHOLIC LIQUOR, PACKAGE LIQUOR SALES ESTABLISHMENT: A business
having as its primary purpose the retail sales of "alcoholic liquors" in original package for
consumption off premises. "Package liquor sales establishments" [SR] shall be subject to
the following conditions:
A. Off Street Parking: No "package liquor sales establishment" shall be located on
a "zoning lot" in the CC1 center city district nor in the CC2 center city district
unless the minimum number of parking spaces are provided on said "zoning
lot" as required under section 19.45.080 of this title, as amended, or unless the zoning lot is located within two hundred fifty feet (250') of a municipal off street
parking facility.
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an
organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing
organizations with usable medical cannabis. Such facility shall comply with all regulations
provided within the Compassionate Use of Medical Cannabis Program Act, as it may be
amended from time-to-time, regulations promulgated thereunder, and the regulations
provided within this Code. A “medical cannabis cultivation center” [SR] shall also be subject to the following supplementary regulations:
A. In addition to all state-imposed minimum distance limits, a “medical cannabis
cultivation center” [SR] shall not be located within two hundred fifty feet (250’)
of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part
day childcare facility, college, or university, or a publicly owned or operated
park or forest preserve. The two hundred fifty foot (250’) distance limit in this
subsection A shall be measured in a straight line from the nearest “lot line” [SR]
of the “medical cannabis cultivation center” [SR] to the nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought; provided that if a
"medical cannabis cultivation center" [SR] is to be situated in a distinct tenant
space within a multi-tenant building, then the setback described in this
subsection A shall be measured from the nearest demising wall of the distinct
tenant space within the building in which the "medical cannabis cultivation
DECEMBER 18, 2019 VOLUME LXXXIV
536
center" [SR] is proposed to the nearest “lot line” [SR] of the “land use” [SR]
from which the setback is sought.
B. On-premises consumption of cannabis or a product-containing cannabis is
prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches,
shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on
the grounds of this establishment.”
C. A “medical cannabis cultivation center” [SR] shall not be located within a
house, apartment, condominium, or an area zoned for residential use.
D. All aspects of a “medical cannabis cultivation center” [SR] shall be contained
within a completely enclosed building. In addition to those documents required
for any application for a conditional use, an application for a conditional use for
a “medical cannabis cultivation center” [SR] shall also include an odor control plan.
E. Any new building intended to be occupied by a “medical cannabis cultivation
center” [SR] shall comply with the architectural standards for an industrial
building established within Chapter 19.14 of this title.
F. A “medical cannabis cultivation center” [SR] shall not be established as an
accessory use or a component land use with any other land use, except an
“adult-use cannabis business establishment” [SR], but not including with an
"adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
G. In addition to those documents required for any application for a conditional
use, an application for a conditional use for a “medical cannabis cultivation
center” [SR] shall also include:
a. A complete copy of all applications and plans submitted for required
state licenses;
b. An inventory control plan;
c. A floor plan; d. A plan for the removal, recycling, disposal, and/or destruction of
cannabis waste; and
e. A security and outdoor lighting plan. The Elgin Police Department shall
review the items required by this subsection and forward its
recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
VOLUME LXXXIV DECEMBER 18, 2019
537
H. Before the issuance of an occupancy permit or otherwise opening to the public,
a “medical cannabis cultivation center” [SR] must file a copy of all required state licenses to operate as a “medical cannabis cultivation center” [SR] with
the Development Administrator.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an
organization or business that is registered by the State of Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a “Medical Cannabis
Cultivation Center” [SR] for the purpose of dispensing cannabis and educational material
to registered qualifying patients. Such facility shall comply with all regulations provided
within the Compassionate Use of Medical Cannabis Program Act, as it may be amended
from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. A “medical cannabis dispensing organization” [SR] shall also be subject
to the following supplementary regulations:
A. In addition to all state-imposed minimum distance limits, a “medical cannabis
dispensing organization” [SR] shall not be located within two hundred fifty feet (250’) of the property line of a pre-existing public or private preschool or
elementary or secondary school or daycare center, daycare home, group daycare
home, part day childcare facility, college, or university, or a publicly owned or
operated park or forest preserve. The two hundred fifty foot (250’) distance
limit in this subsection A shall be measured in a straight line from the nearest “lot line” [SR] of the “medical cannabis dispensing organization” [SR] to the
nearest “lot line” [SR] of the “land use” [SR] from which the setback is sought;
provided that if a "medical cannabis dispensing organization" [SR] is to be
situated in a distinct tenant space within a multi-tenant building, then the
setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the
"medical cannabis dispensing organization" [SR] is proposed to the nearest “lot
line” [SR] of the “land use” [SR] from which the setback is sought.
B. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches,
shall be posted inside, at a location clearly visible to patrons, with the following
language, “Smoking, eating, drinking, or other forms of consumption of
cannabis or products containing cannabis is prohibited anywhere inside or on
the grounds of this establishment.”
C. A “medical cannabis dispensing organization” [SR] shall not be located within
a house, apartment, condominium, or an area zoned for residential use.
D. Any new building intended to be occupied by a “medical cannabis dispensing
organization” [SR] shall comply with the architectural standards for a
commercial building established within Chapter 19.14 of this title.
DECEMBER 18, 2019 VOLUME LXXXIV
538
E. A “medical cannabis dispensing organization” [SR] shall not include a “drive
through facility” [SR].
F. A “medical cannabis dispensing organization” [SR] shall not be established as
an accessory use or a component land use with any other land use, except an
“adult-use cannabis dispensing organization” [SR].
G. In addition to those documents required for any application for a conditional
use, an application for a conditional use for a “medical cannabis dispensing
organization” [SR] shall also include:
a. A complete copy of all applications and plans submitted for required state licenses;
b. An inventory control plan;
c. A floor plan;
d. A plan for the removal, recycling, disposal, and/or destruction of
cannabis waste; and e. A security and outdoor lighting plan. The Elgin Police Department shall
review the items required by this subsection and forward its
recommendation regarding same to the Planning & Zoning Commission
prior to the public hearing for the conditional use.
H. Before the issuance of an occupancy permit or otherwise opening to the public,
a “medical cannabis dispensing organization” [SR] must file a copy of all
required state licenses to operate as a “medical cannabis dispensing
organization” [SR] with the Development Administrator.
USE, ACCESSORY: A "land use" [SR], which is subordinate in purpose to the "principal use" [SR] served, which is customarily and traditionally incidental to the principal use served, which is
operated and maintained under the same single ownership or unified control as the principal use served, and which is located on the same "zoning lot" [SR] and within the same mapped zoning district as the principal use served.
The principal use of any land, structure or building shall be established prior to or concurrently
with the establishment of any accessory use of such land, structure, or building.
No land use shall be allowed as an accessory use, unless such use occupies less than ten percent
(10%) of the zoning "lot area" [SR] and less than ten percent (10%) of the building "floor area"
[SR]. Land uses exceeding such lot area and floor area limitations shall be subject to the provisions of subsection 19.10.400F of this title or "Accessory" in this section.
No land use shall be allowed as an accessory use where such use dispenses, grows, cultivates, processes, infuses, or transports cannabis or products that contain cannabis.
Section 4. That Section 19.35.330 B.4. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, NB Neighborhood Business District) be and is hereby
further amended to add the following:
VOLUME LXXXIV DECEMBER 18, 2019
539
“Adult-use cannabis dispensing organization” [SR]
“Medical cannabis dispensing organization” [SR].
Section 5. That Section 19.35.430 B.3. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, AB Area Business District) be and is hereby further
amended to add the following: “Adult-use cannabis dispensing organization” [SR]
“Medical cannabis dispensing organization” [SR].
Section 6. That Section 19.35.530 B.3. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, CC1 Center City District) be and is hereby further
amended to add the following:
“Adult-use cannabis dispensing organization” [SR]
“Medical cannabis dispensing organization” [SR].
Section 7. That Section 19.35.730 B.3. of the Elgin Municipal Code, 1976, as amended, entitled
“Services division” (Conditional Uses, Land Use, CC2 Center City District) be and is hereby further amended to add the following:
“Adult-use cannabis dispensing organization” [SR]
“Medical cannabis dispensing organization” [SR]. Section 8. That Section 19.40.130 A.4 of the Elgin Municipal Code, 1976, as amended, entitled
“Services division” (Permitted Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following:
“Cannabis testing facility” [SR].
Section 9. That Section 19.40.130 B.1 of the Elgin Municipal Code, 1976, as amended, entitled
“Agriculture division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following:
“Adult-use cannabis cultivation center” [SR]
“Adult-use cannabis craft grower” [SR] Section 10. That Section 19.40.130 B.4 of the Elgin Municipal Code, 1976, as amended, entitled
“Services division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended by deleting the following:
“Medical cannabis dispensing organization” [SR]
DECEMBER 18, 2019 VOLUME LXXXIV
540
Section 11. That Section 19.40.130 B.7 of the Elgin Municipal Code, 1976, as amended, entitled
“Manufacturing division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following:
“Adult-use cannabis processing organization or processor” [SR]
“Adult-use cannabis infuser organization or infuser” [SR] Section 12. That Section 19.40.130 B.8 of the Elgin Municipal Code, 1976, as amended, entitled
“Transportation, communication and utilities division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following:
“Adult-use cannabis transporting organization or transporter” [SR]
Section 13. That Section 19.40.330 A.4 of the Elgin Municipal Code, 1976, as amended, entitled
“Services division” (Permitted Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following:
“Cannabis testing facility” [SR].
Section 14. That Section 19.40.330 B.1 of the Elgin Municipal Code, 1976, as amended, entitled
“Agriculture division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following:
“Adult-use cannabis cultivation center” [SR]
“Adult-use cannabis craft grower” [SR] Section 15. That Section 19.40.330 B.4 of the Elgin Municipal Code, 1976, as amended, entitled
“Services division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended by deleting the following:
“Medical cannabis dispensing organization” [SR]
Section 16. That Section 19.40.330 B.7 of the Elgin Municipal Code, 1976, as amended, entitled
“Manufacturing division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following:
“Adult-use cannabis processing organization or processor” [SR]
“Adult-use cannabis infuser organization or infuser” [SR]
Section 17. That Section 19.40.330 B.9 of the Elgin Municipal Code, 1976, as amended, entitled
“Transportation, communication and utilities division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following:
“Adult-use cannabis transporting organization or transporter” [SR]
VOLUME LXXXIV DECEMBER 18, 2019
541
Section 18. That Section 19.40.530 A.4 of the Elgin Municipal Code, 1976, as amended, entitled
“Services division” (Permitted Uses, Land Use, CI Commercial Industrial District) be and is hereby further amended to add the following:
“Cannabis testing facility” [SR].
Section 19. That Section 19.15.520 A. of the Elgin Municipal Code, 1976, as amended, entitled “Agriculture division” (Land Use, ARC Arterial Road Corridor Overlay District), be and is hereby deleted in its entirety.
Section 20. That Section 19.15.520 C. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Land Use, ARC Arterial Road Corridor Overlay District), be and is hereby further
amended by deleting the following:
“Medical cannabis dispensing organization” [SR]
Section 21. All above affected sections of Title 19 shall be either re-numbered and/or re-
alphabetized accordingly.
Section 22. 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 23. That this ordinance shall be in full force and effect upon its passage and publication
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1
Recorded: December 18, 2019
Published: December 19, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 18, 2019 VOLUME LXXXIV
542
ORDINANCE G64-19 PASSED AMENDING TITLE 4 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED “REVENUE AND FINANCE” BY ADDING A NEW CHAPTER 4.25 THERETO ENTITLED “MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX”
Councilmember Dixon 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, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw.
Ordinance No. G64-19
AN ORDINANCE AMENDING TITLE 4 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED “REVENUE AND FINANCE” BY ADDING A NEW CHAPTER 4.25 THERETO
ENTITLED “MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX”
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution, and as a home rule unit may exercise any power and perform any function
pertaining to its government affairs; and
WHEREAS, Public Act 101-0027, known as the Cannabis Regulation and Tax Act, 410
ILCS 705/1, et seq. (the “Act”), which became effective on June 25, 2019, will allow the possession, use, cultivation, transportation and dispensing of adult-use cannabis in Illinois
effective January 1, 2020; and
WHEREAS, Public Act 101-0027, as amended by Public Act 101-0593, also created a new
Section 8-11-23 of the Illinois Municipal Code (65 ILCS 5/8-11-23) authorizing imposition by municipalities of a municipal cannabis retailers’ occupation tax at a rate not to exceed three percent
(3%) of the gross receipts of cannabis sold in a municipality so long as the city permits the retail
sale of cannabis in the city, except for retail sales made under the Illinois Compassionate Use of
Medical Cannabis Program Act, 410 ILCS 130/1, et seq.; and
WHEREAS, pursuant to the Act, the city has enacted reasonable zoning regulations which
will allow as conditional uses the location of adult-use cannabis dispensaries making retail sales
of cannabis within certain zoning districts in the city, subject to compliance by such dispensaries
with certain specified conditions; and
WHEREAS, the city council of the city desires to make certain amendments to the Elgin
Municipal Code in order to levy a municipal cannabis retailers’ occupation tax at a rate of three
percent (3%) on the gross receipts of cannabis sold in the city, should such sales occur within the
city pursuant to the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq.; and
WHEREAS, the city council of the city finds that levying a tax on cannabis sales pursuant
to Section 8-11-23 of the Illinois Municipal Code (65 ILCS 5/8-11-23), at a rate of three percent
(3%) of the gross receipts of cannabis sold in the city is in the best interests of the city, the residents,
property owners and businesses, and will further the public’s health, safety and welfare.
VOLUME LXXXIV DECEMBER 18, 2019
543
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Title 4 of the Elgin Municipal Code, 1976, as amended, entitled “Revenue
and Finance” be and is hereby further amended by adding a new Chapter 4.25 thereto entitled
“Municipal Cannabis Retailers’ Occupation Tax” to read as follows:
“Chapter 4.25
MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX
4.25.010: TAX IMPOSED:
A. A tax is hereby imposed upon all persons engaged in the business of selling
cannabis, other than cannabis purchased under the Compassionate Use of Medical
Cannabis Program Act, at retail in the City of Elgin at the rate of three (3%) of the gross
receipts from these sales made in the course of that business.
B. The imposition of this tax is in accordance with the provisions of Section 8-11-23,
of the Illinois Municipal Code (65 ILCS 5/8-11-23), as amended, and is in addition to
any and all other taxes and charges.
4.25.020: COLLECTION:
A. The tax imposed by this ordinance shall be remitted by such retailer to the Illinois
Department of Revenue (Department). Any tax required to be collected pursuant to or
as authorized by this ordinance and any such tax collected by such retailer and required
to be remitted to the Department shall constitute a debt owed by the retailer to the State. Retailers may reimburse themselves for their seller's tax liability hereunder by
separately stating that tax as an additional charge, which charge may be stated in
combination, in a single amount, with any State tax that sellers are required to collect.
B. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department. The Department shall have
full power to administer and enforce the provisions of this chapter.”
Section 2. If any provision of this ordinance, or the application of any provision of this
ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this ordinance, or their application, that can be given effect without the
unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision,
or application of such provision, is severable, unless otherwise provided by this ordinance.
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.
DECEMBER 18, 2019 VOLUME LXXXIV
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Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law, provided, however, that the tax provided for herein shall take effect for all sales on or after the first day of July, 2020. Certified copies of this
ordinance shall be sent to the Illinois Department of Revenue prior to April 1, 2020.
Section 5. The city clerk of the City of Elgin is directed to file certified copies of this
ordinance with the Illinois Department of Revenue prior to April 1, 2020.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1 Recorded: December 18, 2019
Published: December 19, 2019
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G65-19 PASSED REGARDING REGULATIONS FOR CANNABIS
BUSINESS ESTABLISHMENTS AND AMENDMENTS TO ORDINANCES
REGARDING CANNABIS AND DRUG PARAPHERNALIA
Councilmember Dixon 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, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw.
Ordinance No. G65-19
AN ORDINANCE
REGARDING REGULATIONS FOR CANNABIS BUSINESS ESTABLISHMENTS AND
AMENDMENTS TO ORDINANCES REGARDING CANNABIS AND DRUG PARAPHERNALIA
WHEREAS, the City of Elgin is home rule unit pursuant to Article VII, Section 6 of the
Illinois Constitution, and as a home rule unit may exercise any power and perform any function
pertaining to its government affairs; and
WHEREAS, the City of Elgin has the authority to adopt ordinances and to promulgate rules
and regulations that pertain to its government affairs that protect the public health, safety and
welfare of its citizens; and
VOLUME LXXXIV DECEMBER 18, 2019
545
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which pertains to the possession, use, cultivation, transportation and dispensing of cannabis, which
became effective June 25, 2019; and
WHEREAS, pursuant to the Act, the City may enact reasonable zoning regulations or
regulations not in conflict with the Act, regulating cannabis business establishments, including rules adopted governing the time, place, manner and number of cannabis business establishments,
and minimum distance limitations between cannabis business establishments and locations the
City deems sensitive; and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt certain regulations regarding cannabis business establishments and to amend
certain existing city ordinances regarding cannabis and drug paraphernalia as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS AS FOLLOWS:
Section 1. That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled
"Business Licenses and Regulations" be and is hereby further amended by adding a new Chapter
6.07 thereto entitled "Cannabis Business Establishments" to read as follows:
"Chapter 6.07
CANNABIS BUSINESS ESTABLISHMENTS
6.07.010: PURPOSE AND APPLICABILITY:
It is the intent and purpose of this Chapter to provide regulations regarding the cultivation,
processing and dispensing of cannabis occurring within the corporate limits of the City of
Elgin. Such facilities shall comply with all regulations provided in the Cannabis
Regulation and Tax Act (410 ILCS 705/1, et seq.) ("Act") and the Compassionate Use of
Medical Cannabis Program Act (410 ILCS 130/1, et seq.) ("Medical Cannabis Act"), as they may be amended from time-to-time, and regulations promulgated thereunder, and the
regulations provided below. In the event that either the Act or Medical Cannabis Act is
amended, the more restrictive of the state or local regulations shall apply.
6.07.020: DEFINITIONS:
The following words and phrases shall, for the purposes of this Chapter have the meanings
respectively ascribed to them by this section, as follows:
ADVERTISE: To engage in promotional activities including, but not limited to: newspaper, radio, internet and electronic media, and television advertising; the distribution
of fliers and circulars; billboard advertising; and the display of window and interior signs.
"Advertise" does not mean exterior signage displaying only the name of the licensed
cannabis business establishment, per the Cannabis Regulation and Tax Act (410 ILCS
DECEMBER 18, 2019 VOLUME LXXXIV
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705/1, et seq.) as it may be amended from time to time, and regulations promulgated
thereunder.
CANNABIS: Marijuana, hashish, and other substances that are identified as including any
parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica,
of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted
from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all
other naturally produced cannabinol derivatives, whether produced directly or indirectly
by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of
germination. "Cannabis" does not include industrial hemp as defined and authorized under
the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and
cannabis-infused products.
CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower,
processing organization, infuser organization, dispensing organization or transporting
organization. As used in this section, a cannabis business establishment shall also include
all medical cannabis cultivation centers and dispensaries licensed under the Compassionate
Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.).
CANNABIS CRAFT GROWER: A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package
cannabis and perform other necessary activities to make cannabis available for sale at a
dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1, et seq.), as it may be amended from time-to-time, and
regulations promulgated thereunder.
CANNABIS CULTIVATION CENTER: A facility operated by an organization or
business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused
products to licensed cannabis business establishments, per the Cannabis Regulation and
Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to-time, and regulations
promulgated thereunder.
CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or
business that is licensed by the Illinois Department of Financial and Professional
Regulation to acquire cannabis from licensed cannabis business establishments for the
purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds,
paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et
seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
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547
CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an
organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce
a cannabis-infused product per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et
seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS LOUNGE OR SOCIAL SPACE. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional
Regulation to acquire cannabis from licensed cannabis business establishments for the
purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds.
paraphernalia or related supplies to purchasers or to qualified registered medical cannabis
patients and caregivers that may permit the on-premises consumption of cannabis at or within the business in a manner consistent with the Cannabis Regulation and Tax Act (410
ILCS 705/1, et seq.), as it may be amended from time-to- time, and regulations
promulgated thereunder. Cannabis Lounges and Social Spaces are prohibited within the
city.
CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by
an organization or business that is licensed by the Illinois Department of Agriculture to
either extract constituent chemicals or compounds to produce cannabis concentrate or
incorporate cannabis or cannabis concentrate into a product formulation to produce a
cannabis product, per the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended from time-to- time, and regulations promulgated thereunder.
CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An
organization or business that is licensed by the Illinois Department of Agriculture to
transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per
the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as it may be amended
from time-to- time, and regulations promulgated thereunder.
PERSON: Any person, firm, corporation. Association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent.
6.07.030: CONSUMPTION, PURCHASE, ACCEPTANCE OR POSSESSION
PROHIBITED
A. It shall be unlawful for any person, firm or corporation to sell, give away, deliver,
possess with intent to sell at wholesale or retail, possess with intent to give away or
deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis-
infused products, cannabis seeds, paraphernalia or related supplies within the City
without first having obtained a license from the State of Illinois. A dispensing organization's license allows for a dispensary to be operated only at a single
location.
DECEMBER 18, 2019 VOLUME LXXXIV
548
B. It shall be unlawful for any person, firm or corporation to sell, give away, deliver,
possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis-
infused products, cannabis seeds, paraphernalia or related supplies to persons under
twenty-one (21) years of age and in contravention to the provisions of the Cannabis
Regulation and Tax Act (410 ILCS 705/1, et seq.). The prohibitions set forth in this
section shall not apply to persons who consume, purchase, or possess cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies
pursuant to the Compassionate Use of Medical Cannabis Program (410 ILCS 130/1,
et seq.).
C. It shall be unlawful for any person under twenty-one (21) years of age to consume, purchase, accept a gift of or have cannabis, cannabis-infused products, cannabis
seeds, paraphernalia or related supplies to purchasers in his or her possession or in
his or her bloodstream. The prohibitions set forth in this section shall not apply to
persons who consume, purchase, or possess cannabis, cannabis-infused products,
cannabis seeds, paraphernalia or related supplies pursuant to the Compassionate Use of Medical Cannabis Program (410 ILCS 13.0/1, et seq.).
D. It shall be unlawful for any person, firm or corporation to encourage the sale of
cannabis, cannabis infused products, cannabis seeds, paraphernalia or related
supplies by giving any cannabis or cannabis products, by conducting games or competitions related to the consumption of cannabis or cannabis products, or by
providing promotional materials or activities of a manner or type that would be
appealing to children.
6.07.040: BUILDING ENHANCEMENTS:
A. Any license of a Cannabis Business Establishment shall install building
enhancements, such as security cameras, security alarm systems, lighting or other
improvements to ensure the safety of employees and customers of the Cannabis
Business Establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for a Cannabis
Business Establishment and the site on which it is located, consistent with the
requirements of the Act·and the Medical Cannabis Act. The City Manager or his
or her designee may, at his discretion, require the Cannabis Business Establishment
to install improvements and buildings enhancements beyond the State's requirements based on the specific characteristics of Cannabis Business
Establishment in order to ensure the safety of employees, customers and City
residents.
B. A dispensing organization must keep all lighting outside and inside the dispensary in good working order and wattage sufficient for security cameras.
VOLUME LXXXIV DECEMBER 18, 2019
549
6.07.050: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON
PREMISES:
A. Any act or failure to act of an employee or agent of either the licensee of a Cannabis
Business Establishment or a management company with respect to the licensed
business shall be deemed to be the act of the licensee. Any duty set forth in this
chapter as a duty of the licensee shall also be the duty of any agent or employee of the licensee.
B. A person must be at least twenty one (21) years of to sell cannabis products.
C. A manager shall be on the premises of a Cannabis Business Establishment at all times that the licensed premises is open for business. For the purposes of this
section "manager" shall be defined as the sole individual person, on the licensed
premises, who is charged with supervision, oversight and management of the entire
business and physical premises.
D. A Cannabis Dispensing Organization shall submit a list to the State of the names
of all service professionals that will work at the dispensary.
6.07.060: COMPLIANCE WITH OTHER REGULATIONS:
A. All licensed premises of Cannabis Business Establishments shall be maintained and
operated in full compliance with all other regulations of the State, the Cannabis
Regulation and Tax Act, the Compassionate Use of Medical Cannabis Program Act
and the City, including, but not limited to, those relating to the storage or sale of
food, sanitary conditions, building and safety conditions.
B. Applicants seeking to open a Cannabis Business Establishment facility shall
provide the City with proof of State licensing approval prior to the issuance by the
City of a conditional use permit. Persons operating a Cannabis Business
Establishment shall annually provide to the City all State inspection reports and other information necessary to verify ongoing compliance with State and City
requirements. Applicants shall, after commencing operations, provide to the City,
within seven (7) days of receipt, copies of any notices, citations or other
enforcement actions undertaken against the facility by the State, along with an
explanation as to what steps are being taken by the Applicant to bring the facility back into compliance.
C. Cannabis Business Establishments and property owners where such Cannabis
Business Establishments are located shall provide access to City police, fire and
code enforcement personnel during periods when employees are present to verify compliance with this Chapter and other City ordinances. Cannabis Business
Establishments and property owners where such Cannabis Business Establishments
are located shall cooperate with the City police, fire and code enforcement
personnel in the provision of security footage when requested, and in any related
DECEMBER 18, 2019 VOLUME LXXXIV
550
prosecution of any persons who violate State law or local ordinances within a
Cannabis Business Establishment and on properties where such Organizations are located.
D. All Cannabis Business Establishments shall register with the City pursuant to
Chapter 6.04 of this Code.
6.07.070: ON-SITE CONSUMPTION OR USE:
A. No cannabis shall be smoked, eaten or otherwise consumed or ingested within any
Cannabis Business Establishment and within the parking areas or other public areas
of a Cannabis Business Establishment. Cannabis Dispensing Organizations are required to prominently display signs regarding this prohibition near the exit door
or doors of the facility.
B. It shall be unlawful for any person to knowingly permit or to knowingly or
negligently fail to immediately prevent or stop, on business premises under his or her control, the consumption of any cannabis by any individual. This restriction
serves as a prohibition on Cannabis Lounge or Social Spaces and a prohibition of
any business, including Cannabis Business Establishments, from incorporating
portions of its square footage to Cannabis Lounge or Social Space. This section
does not prohibit individual consumption on private property as defined by the Cannabis Regulation and Tax Act.
6.07.080: SIGNAGE PROHIBITING SALES
A. Signs informing the public of the age restrictions of this chapter, shall be posted by every licensee in conspicuous view on the premises. Each such sign shall state:
"The sale of cannabis products to persons under twenty-one (21) years of
age is prohibited by law. A photo identification showing proof of age shall
be required of everyone under twenty seven (27) years of age desiring to purchase cannabis products. Violations shall be reported to the City of Elgin
Police Department"
B. Said sign(s) shall be plainly visible and shall measure at least eight and one-half
inches (8.5") in height and eleven inches (11") in width. Lettering on said sign shall be at least one-half inch (0.5") in height. Said signs shall also inform the public that
the City of Elgin Police Department is to be contacted should the law be violated.
C. The signage requirement set forth in this section shall not apply to any medical
cannabis cultivation center or dispensary which operates exclusively under a license issued pursuant to the Compassionate Use of Medical Cannabis Program,
(410 ILCS 130/1, et seq.).
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551
6.07.090: PROOF OF AGE
A. No cannabis or cannabis products shall be sold to any person under twenty-seven
(27) years of age unless that person has provided, at the point of purchase, a
government issued photo identification showing date of birth.
B. No person shall transfer, alter or deface any identification card, use any identification card of another, carry or use a false or forged identification card,
obtain an identification card by means of false information, or otherwise
misrepresent age for the purpose of purchasing or obtaining cannabis or cannabis
products.
6.07.100: ADVERTISEMENT PROHIBITED:
Cannabis Business Establishments cannot advertise cannabis or a cannabis-infused product
in any form or through any medium:
A. Within 1,000 feet of school grounds, playground, hospital, healthcare facility,
recreation center or facility, child care center, public park or library or any arcade
that admits persons under age 21;
B. On or in a public transit vehicle or public transit shelter;
C. On or in a publicly-owned or publicly-operated property; or
D. Which contains information that:
1. is false or misleading;
2. promotes excessive consumption;
3. depicts a person under 21 years of age consuming cannabis.
This includes the image of a cannabis leaf or any image designed or likely to appeal to minors, including cartoons, toys, animals or children, or any other likeness to images,
characters or phrases that are popularly used to advertise to children, or any imitation of
candy packaging or labeling or that promotes consumption of cannabis.
6.07.110 OTHER RESTRICTIONS ON CANNABIS DISPENSING
ORGANIZATIONS:
A. Hours of Operation: Cannabis Dispensing Organizations shall operate only
between the hours of 6:00 a.m. and 10:00 p.m.
B. No cannabis odors shall be detectable outside of the Cannabis Dispensing
Organizations.
DECEMBER 18, 2019 VOLUME LXXXIV
552
C. Product Display: No products sold by a Cannabis Dispensing Organizations shall
be visible from the public street, sidewalk or other public place.
D. A Cannabis Dispensing Organization may only accept cannabis deliveries into a
restricted access area. Deliveries may not be accepted through the public or limited
access areas unless otherwise approved under the Act or Medical Cannabis Act.
E. A Cannabis Dispensing Organization must include the legal name of the dispensary
on the packaging of any cannabis product it sells.
F. Cannabis Dispensing Organizations are prohibited from selling any product
containing alcohol, except tinctures, which must be limited to containers that are no larger than 100 milliliters.
G. Cannabis Dispensing Organizations shall not:
1. Sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one price,
and each item of cannabis, concentrate, or cannabis-infused product must
be separately identified by quantity and price on the receipt;
2. Sell clones or any other live plant material;
3. Have fewer than 2 people working at the dispensary at any time while the dispensary is open;
4. Operate a dispensary if its video surveillance equipment is inoperative;
5. Operate a dispensary if the point-of-sale equipment is inoperative;
6. Operate a dispensary if the State's cannabis electronic verification s system
is inoperative; 7. Enter into agreements to allow persons who are not dispensing organization
agents to deliver cannabis or to transport cannabis to purchasers;
8. Operate drive-through windows;
9. Allow for the dispensing of cannabis or cannabis-infused products in
vending machines; 10. Transport cannabis to residences or other locations where purchasers may
be for delivery;
11. Produce or manufacture cannabis;
12. Accept a cannabis product from an adult use cultivation center, craft grower,
infuser, dispensing organization, or transporting organization unless it is pre-packaged and labeled in accordance with the Act and any rules that may
be adopted pursuant to the Act,
13. Obtain cannabis or cannabis-infused products from outside the State of
Illinois;
14. Sell cannabis or cannabis-infused products to a purchaser unless the dispensary organization is licensed under the Compassionate Use of
Medical Cannabis Program, and the individual is registered under the
Compassionate Use of Medical Cannabis Program or the purchaser has been
verified to be over the age of 21;
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553
15. Permit any person to smoke, eat or otherwise consume or ingest any
cannabis on the premises including, but not limited, within any parking areas or other public areas on the premises of the cannabis dispensing
organization;
16. Keep open for business or admit the public or patrons or customers or
persons to the premises either before or after the permitted hours of
operation or to permit or allow persons, patrons, or customers to remain in or about the premises either before or after the permitted hours of operation;
17. Violate any other requirements or prohibitions set by State rules.
6.07.120: PENALTY FOR VIOLATION:
A. Any person violating any of the provisions or failure to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person
convicted of an offense under this chapter, in addition to other legal and equitable
remedies available to the city, shall be punished by a fine in an amount of not less
than five hundred dollars ($500.00) for each offense.
B. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is committed,
continued or permitted by any such person, and he shall be punished accordingly.
C. The levy and/or payment of any penalty or fine provided in this chapter shall not
be deemed a waiver of the power of the city to suspend, revoke or to refuse to renew
a license or to seek injunctive relief to enjoin violations of this chapter or other
applicable provisions of law.
6.07.130 SEVERABILITY:
If any provision, clause, sentence, paragraph, section or part of this chapter or application
thereof to any person or circumstance, shall or any reason to be adjudged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to
other persons or circumstances, but shall be confined in its operation to the provision,
clause, sentence, paragraph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.”
Section 2. That Chapter 10.24 of the Elgin Municipal Code, 1976, as amended, entitled
"Cannabis" be and is hereby amended in its entirety to read as follows:
DECEMBER 18, 2019 VOLUME LXXXIV
554
"10.24.010: DEFINITIONS:
All terms and phrases used in this chapter shall have the same meaning as ascribed to them
in the Cannabis Control Act (720 ILCS 550/1, et seq.), as amended.
10.24.020: POSSESSION:
A person commits the offense of possession of cannabis by knowingly possessing thirty
(30) grams or less of any substance containing cannabis unless permitted or authorized to
do so pursuant to the Cannabis Control Act (720 ILCS 550/1, et seq.), the Cannabis
Regulation and Tax Act (410 ILCS 705/1, et seq.) or the Compassionate Use of Medical
Cannabis Program Act (410 ILCS 130/1, et seq.).
10.24.030: PENALTIES:
A. Any person found in violation of any of the provisions of this chapter for possession
of ten grams (10 g) or less of any substance containing cannabis shall be fined not less than $75.00 for a first offense, not less than $200.00 for a second offense and
not less than $500.00 for a third subsequent offense.
B. Any person found in violation of any of the provisions of this chapter for possession
of more than ten grams (10 g) and up to thirty grams (30 g) of any substance containing cannabis shall be fined not less than one hundred fifty dollars ($150.00)
for a first offense, not less than three hundred dollars ($300.00) for a second offense
and not less than seven hundred fifty dollars ($750.00) for a third and subsequent
offense.
C. In addition to the payment of the aforesaid fine, any person found to be in violation
of this chapter may also, upon conviction, be required to complete not more than
fifty (50) hours of community service or community restitution hours in addition to
or in place of a fine.
D. Any person shall be guilty of a separate offense for each and every day during
which any portion of any violation of this chapter is committed, continued or
permitted to be committed, and the person shall be punished accordingly.”
Section 3. That Chapter 10.25 of the Elgin Municipal Code, 1976, as amended, entitled "Drug Paraphernalia Control" be and is hereby further amended in its entirety to read as follows:
"10.25.010: ADOPTION OF DRUG PARAPHERNALIA CONTROL ACT:
The regulations of the Drug Paraphernalia Control Act (720 ILCS 600/1, et seq.), as amended, are hereby adopted and incorporated by reference.
VOLUME LXXXIV DECEMBER 18, 2019
555
"10.25.020: PENALTY FOR VIOLATION:
A. Any person violating any of the provisions or failure to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person
convicted of an offense under this chapter, in addition to other legal and equitable
remedies available to the city, shall be punished by a fine in an amount of not less
than one thousand dollars ($1,000.00) for each offense.
B. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is committed,
continued or permitted by any such person, and he shall be punished accordingly.
C. The levy and/or payment of any penalty or fine provided in this chapter shall not
be deemed a waiver of the power of the city to suspend, revoke or to refuse to renew
a license or to seek injunctive relief to enjoin violations of this chapter or other
applicable provisions of law.”
Section 4. That all ordinances or parts of ordinances in conflict with the provisions
are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1
Recorded: December 18, 2019
Published: December 19, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE T15-19 PASSED ADOPTING THE 2020 BUDGET IN LIEU OF PASSAGE
OF AN APPROPRIATION ORDINANCE
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.
DECEMBER 18, 2019 VOLUME LXXXIV
556
Ordinance No. T15-19
AN ORDINANCE
ADOPTING THE 2020 BUDGET IN LIEU OF PASSAGE OF
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year
2020; and
WHEREAS, a tentative annual budget has been prepared, notice given and a tentative
annual budget made available for inspection for at least seven days; and
WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual
budget and has heard all persons appearing and desiring to be heard concerning said annual budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the tentative annual budget heretofore prepared by the budget officer and
placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage
of an appropriation ordinance for the fiscal year 2020 and is attached hereto.
Section 2. That the budget officer is hereby authorized and directed to cause to be
prepared and published the 2020 annual budget.
Section 3. That this ordinance shall be in full force and effect from and after January 1, 2020.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0
Recorded: December 18, 2019
Published: December 19, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV DECEMBER 18, 2019
557
ORDINANCE T16-19 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
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. T16-19
AN ORDINANCE
FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019
OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the
State of Illinois, did on the 18th of December, 2019 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year
beginning January 1, 2020, the amount of which is ascertained to be the aggregate sum of
$274,378,250.
WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... exercise any power and perform any function pertaining to its
government and affairs including, but not limited to, the power to regulate for the protection for
the public health, safety, morals and welfare; to license; to tax; and to incur debt.”
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS:
Section 1. That there be and there is hereby levied upon all taxable property within the
corporate limits of said City of Elgin, subject to taxation for the year 2019, the total sum of
$50,418,210 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named
being included herein by being placed in a separate column under the heading “To Be Raised By
Taxation” which appears over the same, the tax so levied for the current fiscal year of said City of
Elgin for the certain appropriations specified herein to be collected from said tax levy, the total of
which has been ascertained as aforesaid and being summarized as follows: GENERAL CORPORATE PURPOSES
In Accordance with Provisions of the 1970
Constitution of Illinois, Article 7
Amount Appropriated
Estimated
Receipts From
Other Sources
To Be
Raised By
Taxation
01 Mayor & City Council 322,320 322,320
02 City Clerk 282,670 282,670
03 Office of the City Manager 1,390,360 1,390,360
05 Legal 1,521,660 1,521,660
DECEMBER 18, 2019 VOLUME LXXXIV
558
06 Human Resources 1,036,350 1,036,350
07 311 900,370 900,370
15 Community Development 1,408,330 1,408,330
16 Neighborhood Services 3,546,430 3,546,430
17 Economic Development 549,200 549,200
19 Boards & Commissions 639,840 639,840
20 Finance 2,362,990 2,362,990
21 Information Technology Systems 1,734,120 1,734,120
22 Purchasing & Risk Management 381,730 381,730
23 Police Department 47,558,740 30,606,245 16,952,495
28 Fire Department 29,657,650 19,085,393 10,572,257
33 Public Works 19,091,500 19,091,500
37 Building Maintenance 3,218,760 3,218,760
69 Non-Departmental 11,652,300 11,652,300
TOTAL – GENERAL
CORPORATE PURPOSES
$127,255,320
$99,730,568
27,524,752
Add: 1% for Loss of Collection 275,248
TOTAL AMOUNT TO BE RAISED BY
TAXATION - GENERAL CORPORATE
PURPOSE
$27,800,000
SPECIAL CORPORATE PURPOSES
220 Emergency Telephone System (E911) 1,530,000 1,530,000
230 Community Dev. Grant 998,030 998,030
250 Drug Asset Forfeiture Fund 229,000 229,000
262 Central Area Tax Allocation Fund 3,328,710 3,328,710
263 U.S. Rte. 20 Tax Allocation Fund 69,500 69,500
264 Bluff City Tax Allocation Fund 265,000 265,000
275 Elgin Riverboat Fund 24,129,810 24,129,810
290 Motor Fuel Tax Fund 4,300,000 4,300,000
294 Cemetery Operating 570,020 570,020
296 Elgin Recreation 10,241,680 10,241,680
301 Corporate Bond Fund 3,016,000 193,822 2,822,178
Add: 1% for Loss of Collection 28,222
TOTAL AMOUNT TO BE RAISED BY
TAXATION – CORPORATE BOND FUND
$2,850,400
280 Social Security 2,518,010 0 2,518,010
Add: 1% for Loss of Collection 25,180
TOTAL AMOUNT TO BE RAISED BY TAXATION –SOCIAL SECURITY
$2,543,190
280 Illinois Municipal Retirement Fund 7,334,270 4,941,240 2,393,030
Add: 1% for Loss of Collection 23,930
TOTAL AMOUNT TO BE RAISED BY
TAXATION – IMRF
$2,416,960
Capital Improvement Funds
319 2019 GO Bond Fund 3,000,300 3,000,300
VOLUME LXXXIV DECEMBER 18, 2019
559
340 Park Development Fund 164,000 164,000
378 Tyler Creek 17,140 17,140
385 Capital Improvement Fund 5,143,710 5,143,710
Enterprise Funds
401 Utility Operating Fund 32,163,150 32,163,150
420 Water Development Fund 1,000,000 1,000,000
440 Sewer Development Fund 350,500 350,500
540 Golf Operating Fund 3,348,940 3,348,940
Internal Service Funds
601 Equipment Replacement 5,057,060 5,057,060
630 Risk Management Fund 5,861,870 5,861,870
635 Medical Insurance 12,146,760 12,146,760
Trust and Agency Funds
520 Cemetery Perpetual Care Fund 35,050 35,050
636 Retiree Medical Insurance 1,916,430 1,916,430
701 Police Pension Fund 10,054,550 1,684,322 $8,370,228
Add: 1% for Loss of Collections 83,702
TOTAL AMOUNT TO BE RAISED BY
TAXATION - POLICE PENSION
$8,453,930
711 Fire Pension Fund 8,333,440 2,042,618 $6,290,822
Add: 1% for Loss of Collections 62,908
TOTAL AMOUNT TO BE RAISED BY
TAXATION - FIRE PENSION
$6,353,730
TOTAL SPECIAL CORPORATE PURPOSES
$147,122,930
$124,728,662
$22,394,268
Add: 1% for Loss of Collections 223,942
TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES
$22,618,210
GRAND TOTAL – APPROPRIATION ALL
PURPOSES
$274,378,250
TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION
$224,459,230
TOTAL TO BE RAISED BY TAXATION
$49,919,020
Add: 1% for Loss of Collections 499,190
TOTAL AMOUNT TO BE RAISED BY
TAXATION
$50,418,210
The total amount of $50,418,210 levied by this ordinance for all funds.
Section 2. This ordinance shall be in full force and effect from and after its passage and
publication in the manner provided by law.
DECEMBER 18, 2019 VOLUME LXXXIV
560
Section 3. That the City Clerk be and is hereby directed to file with the County Clerk of
Kane County and the County Clerk of Cook County a certified copy of this ordinance.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019
Published: December 19, 2019
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE T17-19 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR
THE FISCAL YEAR ENDING DECEMBER 31, 2019 IN AND FOR THE CITY OF
ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN
Councilmember Powell 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. T17-19
AN ORDINANCE
FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2019 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. Findings: That the City of Elgin Special Service Area Number Nineteen has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number
Nineteen in the City of Elgin” passed and effective on October 8, 2008; that the corporate
authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service
Area Number Nineteen are authorized to levy taxes for special services in said special service area.
Section 2. That there be and there is hereby levied upon all taxable property within the
City of Elgin Special Service Area Number Nineteen, subject to taxation for the year 2019, the
sum total of $56,500 for the following purposes.
VOLUME LXXXIV DECEMBER 18, 2019
561
Estimated
Receipts From Sources To Be
2020 Other Than Raised By
Appropriation Taxation Taxation
Debt Services – for payment of $56,500 $559 $55,941 principal and interest
Total appropriation $56,500
Total revenues from sources
other than Taxation $0
Amount to be raised by taxation $55,941 Add: 1% for loss of collection 559
Total amount to be raised by taxation for
Special Service Area Number Nineteen purposes $56,500
Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as
amended, and to an ordinance establishing City of Elgin Special Service Area Number Nineteen.
Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Nineteen requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby
ordered and directed to file with the County Clerk of the County of Kane on or before the time
required by the law a certified copy of this ordinance.
Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Passed: December 18, 2019
Vote: Yeas: 9 Nays: 0
Recorded: December 18, 2019
Published: December 19, 2019 Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 18, 2019 VOLUME LXXXIV
562
RESOLUTION 19-173 ADOPTED ADOPTING THE THREE-YEAR FINANCIAL PLAN
Councilmember Gavin 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.
Resolution No. 19-173 RESOLUTION
ADOPTING THE THREE-YEAR FINANCIAL PLAN
WHEREAS, strategic goals and policies for the community were formulated from extensive dialogue and incorporated into the 2020 Budget and 2020-2022 Financial Plan; and
WHEREAS, the City Council has conducted extensive budget reviews and policy
discussions throughout the months of November and December; and
WHEREAS, the Proposed 2020 Budget and 2020-2022 Financial Plan have been placed on file for public review with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that the Three-Year Financial Plan is hereby adopted as a policy document of the city as an additional guide for strategic planning and operations.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Adopted: December 18, 2019
Vote: Yeas: 9 Nays: 0
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G66-19 PASSED ESTABLISHING FEES FOR VARIOUS CITY
SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS
Councilmember Powell 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.
VOLUME LXXXIV DECEMBER 18, 2019
563
Ordinance No. G66-19
AN ORDINANCE
ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES,
USE OF FACILITIES AND OTHER MATTERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the fees, charges and rates for 2020 as set forth in the User Fees Exhibit
from the adopted 2020 Budget attached hereto as Exhibit 1, be and the same are hereby established
for the various city services, permits, licenses, use of facilities and other matters as set forth in
such attached User Fees Exhibit.
Section 2. If any provision, clause, sentence, paragraph, section or part of this
ordinance including the user fees exhibit attached hereto, or the application thereof to any person
or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be
unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall
be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have been rendered and to the
person or circumstance involved. It is hereby declared to be the legislative intent of the city council
that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect from and after January 1,
2020.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Passed: December 18, 2019
Vote: Yeas: 9 Nays: 0
Recorded: December 18, 2019
Published: December 19, 2019 Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 18, 2019 VOLUME LXXXIV
564
RESOLUTION 19-174 ADOPTED AUTHORIZING EXECUTION OF A SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
Councilmember Martinez made a motion, seconded by Councilmember Powell, 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. 19-174
RESOLUTION
AUTHORIZING EXECUTION OF A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
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 Successor Collective Bargaining Agreement on behalf of the City of Elgin with Local #439 International Association of Firefighters for 2018-2021, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Adopted: December 18, 2019
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-175 ADOPTED AUTHORIZING EXECUTION OF ADDENDUM NO.
1 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Martinez abstained.
VOLUME LXXXIV DECEMBER 18, 2019
565
Resolution No. 19-175
RESOLUTION
AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION
ELGIN PUBLIC WORKS CHAPTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute on behalf of the City of Elgin Addendum No. 1 to Collective
Bargaining Agreement between the City of Elgin and Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter, a copy of which is attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Adopted: December 18, 2019
Vote: Yeas: 8 Nays: 0 Abstained: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G67-19 PASSED ESTABLISHING A PAY PLAN FOR THE PUBLIC
SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G67-19
AN ORDINANCE
ESTABLISHING A PAY PLAN FOR THE
PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN
WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved a
negotiated settlement reached by the City of Elgin and the Service Employees International Union
DECEMBER 18, 2019 VOLUME LXXXIV
566
Local 73 Municipal Division, Elgin Public Works Chapter, also commonly known as the Public
Services Employee Group; and
WHEREAS, such negotiated settlement includes wages for 2020 and it is therefore
necessary to implement a new salary plan for such Public Services Employee Group.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That effective January 1, 2020, there is hereby established the following
schedule of standard hourly, annual and monthly salary ranges for the Public Services Employee
Group.
Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Title Grade
WATER RELIEF
OPERATOR II 634 $30.81 $33.01 $35.21 $37.41 $39.61 $41.82 $44.02
$64,088 $68,666 $73,244 $77,821 $82,399 $86,977 $91,554
$5,341 $5,722 $6,104 $6,485 $6,867 $7,248 $7,630
ENGINEERING INSPECTOR 633 $29.34 $31.44 $33.54 $35.63 $37.73 $39.82 $41.92
INSTRUMENTATION
SERVICE WORKER $61,036 $65,396 $69,755 $74,115 $78,475 $82,835 $87,195 LEAD UTILITIES MAINT.
MECHANIC $5,086 $5,450 $5,813 $6,176 $6,540 $6,903 $7,266
WATER TREATMENT OPERATOR II FLEET SERVICES LEAD MECHANIC UTILITIES TECHNOLOGY
SERVICE WORKER
AUTOMOTIVE MECHANIC 631 $28.22 $30.24 $32.25 $34.27 $36.29 $38.30 $40.32
CREW LEADER - SEWER $58,702 $62,895 $67,088 $71,281 $75,475 $79,667 $83,861
CREW LEADER - STREETS $4,892 $5,241 $5,591 $5,940 $6,290 $6,639 $6,988
CREW LEADER - TRAFFIC
CONTROL CREW LEADER-WATER
DISTRIBUTION ELECTRICAL WORKER - WATER ELECTRICAL WORKER II
-PUBLIC WORKS
VOLUME LXXXIV DECEMBER 18, 2019
567
LAND MGT CREW
LEADER LEAD METER SHOP
WORKER
WATER RELIEF OPERATOR I 629 $26.63 $28.53 $30.43 $32.33 $34.23 $36.13 $38.04
$55,381 $59,337 $63,293 $67,248 $71,204 $75,160 $79,115
$4,615 $4,945 $5,274 $5,604 $5,934 $6,263 $6,593
ARBORIST 628 $26.44 $28.33 $30.21 $32.10 $33.99 $35.88 $37.77
CEMENT WORKER $54,989 $58,917 $62,845 $66,773 $70,700 $74,628 $78,556
UTILITY MAINTENANCE
MECHANIC $4,582 $4,910 $5,237 $5,564 $5,892 $6,219 $6,546
EQUIPMENT OPERATOR -
SEWERS 626 $25.36 $27.17 $28.98 $30.79 $32.60 $34.41 $36.23 EQUIPMENT OPERATOR - STREETS $52,744 $56,511 $60,279 $64,046 $67,814 $71,581 $75,348
EQUIPMENT OPERATOR - WATER DIST $4,395 $4,709 $5,023 $5,337 $5,651 $5,965 $6,279
UTILITY LOCATOR WATER TREATMENT
OPERATOR I
ELECTRICAL WORKER I 624 $24.33 $26.07 $27.80 $29.54 $31.28 $33.02 $34.76 GOLF COURSE
MECHANIC $50,604 $54,218 $57,833 $61,448 $65,062 $68,677 $72,292
GREENS WORKER $4,217 $4,518 $4,819 $5,121 $5,422 $5,723 $6,024
LAND MGT MAINTENANCE
TECHNICIAN LAND MGT SAFETY INSPECTOR SIGNS LEAD WORKER SPORTS COMPLEX LEAD
WORKER SPORTS COMPLEX
COORDINATOR UTILITY MAINTENANCE TECHNICIAN WATER DISTRIBUTION INSPECTOR WATER SERVICE PERSON
LAND MGT GROUNDS
WORKER 623 $23.89 $25.59 $27.30 $29.01 $30.71 $32.42 $34.12
DECEMBER 18, 2019 VOLUME LXXXIV
568
UTILITY WORKER -
SEWERS $49,685 $53,234 $56,782 $60,331 $63,880 $67,430 $70,978 UTILITY WORKER -
STREETS $4,140 $4,436 $4,732 $5,028 $5,323 $5,619 $5,915
UTILITY WORKER - TRAFFIC UTILITY WORKER -
WATER DIST. WATER METER
SERVICER WATER TREATMENT LABORER
WATER METER MAINTENANCE PERSON 620 $22.50 $24.11 $25.72 $27.32 $28.93 $30.54 $32.14
WATER LABORATORY
ASSISTANT $46,803 $50,146 $53,489 $56,832 $60,175 $63,518 $66,861 SERVICE MAINT.
LABORER - WATER $3,900 $4,179 $4,457 $4,736 $5,015 $5,293 $5,572
LAND MGT GROUNDS LABORER 613 $19.44 $20.83 $22.22 $23.61 $25.00 $26.38 $27.77
$40,438 $43,326 $46,214 $49,103 $51,991 $54,879 $57,768
$3,370 $3,610 $3,851 $4,092 $4,333 $4,573 $4,814
Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect from and after January
1, 2020, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019
Published: December 19, 2019
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV DECEMBER 18, 2019
569
ORDINANCE G68-19 PASSED ESTABLISHING A PAY PLAN AND BENEFIT PLAN
FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN
Councilmember Steffen made a motion, seconded by Councilmember Gavin, 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. G68-19
AN ORDINANCE
ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That effective January 1, 2020, there is hereby established the following
offices and positions and schedule of standard monthly and annual salary ranges for the City's
Non-Bargaining Unit Member Group:
Benefit Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Title Group Grade
CORPORATION COUNSEL/CHIEF DEVELOPMENT OFFICER A 828 $161,769 $169,859 $178,351 $187,270 $196,634 $206,464 $216,788
$13,481 $14,155 $14,863 $15,606 $16,386 $17,205 $18,066
(NO POSITIONS IN GRADE) A 827 $154,067 $161,769 $169,859 $178,351 $187,270 $196,634 $206,464
$12,839 $13,481 $14,155 $14,863 $15,606 $16,386 $17,205
(NO POSITIONS IN GRADE) A 826 $146,730 $154,066 $161,769 $169,859 $178,352 $187,270 $196,634
$12,228 $12,839 $13,481 $14,155 $14,863 $15,606 $16,386
CHIEF FINANCIAL
OFFICER/BUDGET DIRECTOR A 825 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351 $187,270
FIRE CHIEF A $11,645 $12,228 $12,839 $13,481 $14,155 $14,863 $15,606
POLICE CHIEF A
(NO POSITIONS IN GRADE) A 824 $133,088 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351
$11,091 $11,645 $12,228 $12,839 $13,481 $14,155 $14,863
(NO POSITIONS IN GRADE) A 823 $126,751 $133,088 $139,743 $146,730 $154,066 $161,769 $169,859
$10,563 $11,091 $11,645 $12,228 $12,839 $13,481 $14,155
ASSISTANT CITY MANAGER A 822 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066 $161,769
DECEMBER 18, 2019 VOLUME LXXXIV
570
CHIEF TECHNOLOGY DIRECTOR A $10,060 $10,563 $11,091 $11,645 $12,228 $12,839 $13,481
COMMUNITY DEV DIRECTOR A
HUMAN RESOURCES DIRECTOR A
ASSISTANT FIRE CHIEF A 821 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066
CITY ENGINEER A $9,581 $10,060 $10,563 $11,091 $11,645 $12,228 $12,839
COMMUNICATIONS DIRECTOR A PARKS AND RECREATION
DIRECTOR A
POLICE DEPUTY CHIEF A
PUBLIC WORKS DIRECTOR A
WATER DIRECTOR A
BATTALION CHIEF (FIRE) A 820 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730 DIRECTOR OF NEIGHBORHOOD SVCS A $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 $12,228
POLICE COMMANDER A
ASSISTANT CORP COUNSEL II B 819 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743
ASSISTANT DIRECTOR OF PARKS AND REC II B $8,690 $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 ECONOMIC DEVELOPMENT
DIRECTOR A PARKS AND FACILITIES SUPERINTENDENT B PROFESSIONAL STANDARDS OFFICER B
FIRE MARSHAL A 818 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088
POLICE LIEUTENANT B $8,276 $8,690 $9,124 $9,581 $10,060 $10,563 $11,091
ASSISTANT DIRECTOR OF PARKS
AND REC I B 817 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751
BUILDING MAINTENANCE SUPT B $7,882 $8,276 $8,690 $9,124 $9,581 $10,060 $10,563
ENTERPRISE ARCHITECT B
FINANCE MANAGER B PUBLIC INFO & COMMUNITY OUTREACH MANAGER B
PURCHASING OFFICER B PUBLIC WORKS SUPERINTENDENT B REGULATORY COMPLIANCE
MANAGER B
SENIOR ENGINEER B
SENIOR PLANNER B SUPERINTENDENT OF PARKS &
FACILITIES B WATER PLANT SUPERINTENDENT B
VOLUME LXXXIV DECEMBER 18, 2019
571
ASSISTANT CORP COUNSEL I B 816 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714
ENGINEER II B $7,507 $7,882 $8,276 $8,690 $9,124 $9,581 $10,060
GOLF OPERATIONS DIRECTOR B
POLICE SERGEANT B
BUILDING & DEVELOPMENT
MANAGER B 815 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966
CITIZEN SERVICES SUPERVISOR B $7,149 $7,507 $7,882 $8,276 $8,690 $9,124 $9,581
CITY CLERK B
CULTURAL CENTER DIRECTOR B NEIGHBORHOOD SERVICES MGR II B
ASST BUILDING MAINT SUPERINTENDENT C 814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492
ASST WATER SUPERINTENDENT C $6,809 $7,149 $7,507 $7,882 $8,276 $8,690 $9,124
ENGINEER I C FACILITIES MANAGER -
RECREATION C
ITS NETWORK MANAGER C ITS SENIOR DATABASE ANALYST C
ITS SYSTEM SUPPORT MANAGER C
LAND MGMT SUPERVISOR C
PUBLIC WORKS SUPERVISOR C
RECREATION MANAGER C
SENIOR ACCOUNTANT C SENIOR HUMAN RESOURCES ADVISOR C SENIOR MANAGEMENT
ANALYST C SENIOR PUBLIC SAFETY SYSTEMS SPEC. C
FIRE CODE OFFICIAL B 813 $77,814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 GOLF COURSE SUPERINTENDENT B $6,484 $6,809 $7,149 $7,507 $7,882 $8,276 $8,690
311 CITIZEN SERVICES
MANAGER C 812 $74,109 $77,813 $81,704 $85,791 $90,080 $94,583 $99,312
GIS PLANNER C $6,176 $6,484 $6,809 $7,149 $7,507 $7,882 $8,276
ITS SPECIALIST/DEVELOPER C NEIGHBORHOOD SERVICES
MANAGER I C PUBLIC SAFETY SYSTEMS SPECIALIST C
ACCOUNTANT C 811 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080 $94,583
ACCOUNTANT/PAYROLL ANALYST C $5,882 $6,176 $6,484 $6,809 $7,149 $7,507 $7,882
ASSOCIATE PLANNER C
DECEMBER 18, 2019 VOLUME LXXXIV
572
ERC FACILITY AND PROGRAMS
MANAGER C HISTORIC PRESERVATION PLANNER C
PLAN EXAMINER C
PUBLIC HEALTH COORDINATOR C PUBLIC SAFETY COMMUNICATIONS SHIFT SUPERVISOR C VICTIM ASSISTANCE COORDINATOR C
ASST GOLF OPERATIONS
DIRECTOR C 810 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080
CHEMIST C $5,601 $5,882 $6,176 $6,484 $6,809 $7,149 $7,507 DEPUTY DIRECTOR OF RECORDS AND EVIDENCE C
EXECUTIVE ASSISTANT* C LEGAL SECRETARY/PARALEGAL* C
POLICE EXECUTIVE ASSISTANT C RECREATION SOFTWARE SPECIALIST C
RISK MANAGEMENT ASSISTANT C SENIOR RECREATION SUPERVISOR-AQUATIC
PROGRAMS C SENIOR RECREATION
SUPERVISOR-COMMUNITY PROGRAMS C SENIOR RECREATION
SUPERVISOR-HEALTH & FITNESS PROGRAMS C SENIOR RECREATION
SUPERVISOR-FITNESS MEMBERSHIP C
(NO POSITIONS IN GRADE) C 809 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791
$5,335 $5,601 $5,882 $6,176 $6,484 $6,809 $7,149
CULTURAL ARTS MANAGER C 808 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 CUSTOMER SERVICE
SUPERVISOR C $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 $6,809 EARLY CHILDHOOD SUPERVISOR C ERC FITNESS AND MEMBERSHIP COORDINATOR C HEMMENS ASST TECHNICAL
SUPERVISOR C
HUMAN RESOURCES ADVISOR C
MANAGEMENT ANALYST C
PARKING CONTROL SUPERVISOR C
SPECIAL EVENTS COORDINATOR C YOUTH/TEEN PROGRAM SUPERVISOR C
VOLUME LXXXIV DECEMBER 18, 2019
573
ACCOUNTING TECHNICIAN C 807 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814
ADJUDICATION SPECIALIST C $4,839 $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 ITS - INFORMATION
TECHNOLOGY SPEC C PUB SAFETY PROP/EVIDENCE TECHNICIAN C
GIS ANALYST C
ADMINISTRATIVE ASSISTANT II* C 806 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109
DEPUTY CITY CLERK* C $4,608 $4,839 $5,081 $5,335 $5,601 $5,882 $6,176
LEGAL SECRETARY* C
MANAGEMENT FELLOWSHIP C
FLEET SERVICE ASSISTANT C 805 $52,670 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579
$4,389 $4,608 $4,839 $5,081 $5,335 $5,601 $5,882
ADMINISTRATIVE ASSISTANT I* C 804 $50,161 $52,669 $55,301 $58,065 $60,969 $64,018 $67,218 COMMUNITY OUTREACH
SPECIALIST C $4,180 $4,389 $4,608 $4,839 $5,081 $5,335 $5,601
CONTENT DEVELOPER C
COMMUNITY RESOURCE COORDINATOR C 803 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969 $64,017
ERC OFFICE MANAGER C $3,981 $4,180 $4,389 $4,608 $4,839 $5,081 $5,335
ERC FACILITY SUPERVISOR C
(NO POSITIONS IN GRADE) C 802 $45,495 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969
$3,791 $3,981 $4,180 $4,389 $4,608 $4,839 $5,081
(NO POSITIONS IN GRADE) C 801 $43,329 $45,495 $47,770 $50,161 $52,670 $55,301 $58,065
$3,611 $3,791 $3,981 $4,180 $4,389 $4,608 $4,839
*(Confidential position)
Section 2. That the following benefit program is hereby established: Group A
1) Vacation - 1 to 9 years of service - 3 weeks
10 years to 21 years of service - 4 weeks
22 or more years of service - 5 weeks
The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same
DECEMBER 18, 2019 VOLUME LXXXIV
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or similar field in determining years of service of an employee for the purpose of vacation at initial
hire. If an employee is granted vacation accrual in a higher range than one (1) to nine (9) years of service, he or she shall not advance to the next range until he or she has attained the required
number of years of service with the city for such range.
The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09,
as amended.
2) Sick Leave - For employees hired prior to March 1, 2010, sixty (60) days (in 12-
hour increments for Fire shift personnel) placed on account when commencing employment, plus
annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010,
thirty (30) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may
accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of
1928 hours of sick leave.
3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary.
4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve,
Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for
each holiday which falls on a scheduled day off as well as for each of any undesignated holidays
shall also be received by fire shift personnel.
5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in
addition to providing replacement for uniforms damaged while on duty.
6) Fire Battalion Chiefs - Fire Battalion Chiefs shall be paid at their current hourly
rate of pay at straight time for hours worked filling a vacant shift position on a scheduled day off which otherwise would have been filled by overtime. This provision shall relate only to shift
positions only and not any other duties.
7) Personal Days - Three (3) personal days shall be provided per year, but not
including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing
employment between July 1 and December 31 in a year shall receive one (1) personal day for such
year.
Group B
1) Vacation - 1 to 5 years of service - 2 weeks
6 to 10 years of service - 3 weeks
VOLUME LXXXIV DECEMBER 18, 2019
575
11 to 21 years of service - 4 weeks
22 or more years of service - 5 weeks
The city manager, in the city manager’s discretion, may also include up to five (5) years of
non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If
an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service,
he or she shall not advance to the next range until he or she has attained the required number of
years of service with the city for such range.
The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09,
as amended.
2) Sick Leave - For employees hired prior to March 1, 2010, thirty (30) days placed
on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, twenty (20) days placed on account when
commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may
accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of
1928 hours of sick leave.
3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual
base salary.
4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours
holiday pay at their straight-time hourly rate whether the holiday is worked or not.
5) Uniform Allowances - $50 uniform allowance differential for Police management
personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty.
6) Police management personnel shall receive compensation for court appearance on
days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a
minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants and Police Sergeants shall be paid at a rate equivalent to 150% of their current
hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants and Police
Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift
hours with a maximum accrual of 80 hours.
7) Personal Days - Three (3) personal days shall be provided per year, but not
including Fire shift personnel. Employees commencing employment between January 1 and June
30 in a year shall receive all three (3) personal days for such year. Employees commencing
DECEMBER 18, 2019 VOLUME LXXXIV
576
employment between July 1 and December 31 in a year shall receive one (1) personal day for such
year.
Group C
1) Vacation - 1 to 5 years of service - 2 weeks
6 to 11 years of service - 3 weeks
12 to 21 years of service - 4 weeks
22 or more years of service - 5 weeks
The city manager, in the city manager’s discretion, may also include up to five (5) years of
non-City of Elgin prior professional or supervisory service of an employee in the same or similar
field in determining years of service of an employee for the purpose of vacation at initial hire. If
an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of
years of service with the city for such range.
The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09,
as amended.
2) Sick Leave - For employees hired prior to March 1, 2010, fifteen (15) days placed
on account upon commencement of employment plus annual accrual of one day (8 hours) per
month. For employees hired on or after March 1, 2010, fifteen (15) days placed on account when
commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of
1928 hours of sick leave.
3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual
base salary.
4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve,
Christmas Day, and New Year's Eve.
5) Personal Days - Three (3) personal days shall be provided per year. Employees
commencing employment between January 1 and June 30 in a year shall receive all three (3)
personal days for such year. Employees commencing employment between July 1 and December
31 in a year shall receive one (1) personal day for such year.
Police Management Sick Leave Bonus - All police management employees on the active payroll
as of the beginning of a payroll year, shall have established a $240 sick leave occurrence bank.
For each 8 hours of sick leave used during a payroll year, $40.00 shall be deducted from the
employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll
VOLUME LXXXIV DECEMBER 18, 2019
577
year shall receive a voucher payment equal to the balance remaining in their individual sick leave
bonus bank.
Police Management Sick Leave Conversion - Police management employees may accumulate
sick leave up to a total maximum accrual of 241 sick days, which is equivalent to a maximum of
1,928 hours of sick leave time. In recognition of non-use of sick leave time, police management
employees shall be eligible for a severance sick leave conversion payment upon separation from employment. Such severance payment shall be equivalent to twenty-five percent (25%) of the
value of the employee's accumulated and unused sick leave as of the effective date of the
employee's separation from employment, and shall be paid to the employee in a lump sum, minus
any applicable deductions. For the purposes of this section, the employee's hourly wage shall be
equivalent to the employee's hourly wage rate inclusive of annual longevity pay paid to the employee, if any.
Police Management Voluntary Fitness Program - Police management personnel shall be
eligible to participate in the police department's voluntary physical fitness program under the same
terms and conditions provided for other police department employees.
Police Language Proficiency Stipend - Police management employees who are certified by the
City or a third party selected by the City to be proficient in Spanish, Laotian or sign language shall
be paid a stipend of $50 per month.
Medical Insurance for Groups A, B, and C - Comprehensive major medical insurance program
for employee and dependents with employee option to continue coverage upon separation from
employment according to one of the available coverage options. Notwithstanding the foregoing,
employees hired on or after January 1, 2018, shall not be eligible to participate in the so-called
PPO or HCA group medical insurance plans, and such employees shall be limited to participating in the Health Maintenance Organization (HMO) or the High Deductible Health Plan
(HDHP)/Health Savings Account Plan (HSA). Effective March 1, 2010, for employees hired prior
to March 1, 2010, the City will pay 85% of the specified premium for the coverage selected (i.e.,
single, single plus children, single plus spouse, or family) and the employee will pay via payroll
deduction the remaining 15% of the specified premium. Effective March 1, 2010, for employees hired on or after March 1, 2010, the City will pay 80% of the specified premium for the coverage
selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay
via payroll deduction the remaining 20% of the specified premium. Notwithstanding anything to
the contrary in Ordinance G70-02, as amended, employees hired on or after March 1, 2010, shall
not be eligible to continue to participate in the City’s group health insurance plan pursuant to Ordinance No. G70-02, as amended. Employees who have alternative health insurance coverage
may elect to discontinue to participate in the City’s health insurance plan pursuant to the City’s
health insurance opt out program adopted pursuant to Resolution No. 05-38, as amended by
Resolution No. 09-24. The opt out benefit to such employees shall be in the annual amount of
$3,000 prorated based upon employment with the city during the applicable plan year and shall be paid at the employee’s option either to a Health Reimbursement Account or in the form of
additional compensation to the employee to be paid in a lump sum, less appropriate deductions,
on December 1 in the applicable plan year. An employee hired prior to March 1, 2010, who
provides the City with a written commitment to opt for coverage under the City's Health
DECEMBER 18, 2019 VOLUME LXXXIV
578
Maintenance Organization (HMO) Plan for a four (4) year period on a form provided by the City
shall receive a one-time payment of $1,000. In the event of any such employee fails to fulfil or otherwise breaches said aforementioned four (4) year written commitment, such employee shall
agree to refund the aforementioned $1,000 to the City via payroll deduction.
Vacation and Sick Leave Buy Back for Groups A, B, and C - Effective January 1, 2010, an
employee determined by the City Manager in the City Manager’s sole and exclusive discretion to be outstanding and deserving of a performance reward may sell back to the City at the employee’s then current salary rate up to five (5) accrued and unused vacation days each calendar year and up
to five (5) accrued and unused sick days each calendar year. The determination by the City
Manager as to whether any employee qualifies for such vacation and/or sick leave buy back and
the amount thereof shall be in the sole and exclusive discretion of the City Manager and shall not be subject to any review, appeal, grievance and/or arbitration procedures.
401 (a) Plan for Groups A, B, and C - Effective March 14, 2010, the City’s deferred
compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract
(Management Group) employees, whereby the City contributed 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program, shall be terminated.
Longevity Pay for Groups A, B, and C - Effective March 14, 2010, employees hired prior to
January 1, 2010, shall receive as additional earnings annual longevity pay in the amount of an
additional 4% of the employee’s annual salary. Longevity pay shall be paid to employees in installments with each payroll. Employees hired on or after March 1, 2010, shall not be eligible
for or receive longevity pay.
Sick Leave Conversion For Vacation Leave - Accrued sick leave over 480 hours (60 days) (or
over 720 hours (60-12 hour days) for fire shift employees) may be converted at the rate of three (3) days of sick leave for one (1) day of vacation leave. Such conversion is limited to a maximum of five (5) days of vacation leave (or 12-12 hour periods for fire shift employees) in any one
calendar year. The minimum balance of sick leave after such conversion shall not be less than 60
days.
Sick Leave Conversion for Severance Pay - Upon retirement or leaving city employment in good
standing, employees may be eligible to convert accrued sick leave for severance pay. An employee
with accrued sick leave of more than 720 hours (90) days (or 1,080 hours (90-12 hour days) for
fire shift employees) may convert up to a maximum of 20 days or 160 hours of sick leave for
severance pay (240 hours for fire shift employees), as long as the remaining balance of accrued sick leave does not total less than 90 days of accrued sick leave. Such conversion shall be at the rate of three (3) days of sick leave for one (1) day of severance pay. Accrued sick leave applied
by an employee for IMRF service credit shall not be eligible for sick leave conversion for
severance pay. The provisions of this section shall not apply to police management employees.
Adjustment of Pay Grades Within Groups A, B and C - The City Manager, in the City
Manager’s discretion, may either increase or decrease the pay grades for positions within the non-
bargaining unit member group based upon the completion of periodic salary or market surveys.
Such adjustments shall be limited to movement within the A, B and C benefit group classifications
VOLUME LXXXIV DECEMBER 18, 2019
579
and shall not exceed the maximum amount of compensation within the benefit group as established
by the City Council in the most recent ordinance establishing the pay and benefit plans for the non-bargaining unit member group. Such adjustments of pay grades by the City Manager shall be
identified in the subsequent ordinance to be adopted by the City Council establishing a pay and
benefit plan for the non-bargaining unit member group.
Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect from and after January
1, 2020, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Passed: December 18, 2019
Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019 Published: December 19, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G69-19 PASSED AMENDING ORDINANCE NO. G62-17
ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL
EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Martinez abstained.
Ordinance No. G69-19
AN ORDINANCE
AMENDING ORDINANCE NO. G62-17 ESTABLISHING A PAY PLAN
FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE
CITY OF ELGIN PARKS AND RECREATION DEPARTMENT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that
Ordinance No. G62-17 be and is hereby amended in its entirety to read as follows:
DECEMBER 18, 2019 VOLUME LXXXIV
580
Section 1. That there is hereby established the following schedule of standard hourly
pay ranges for part time and seasonal Parks & Recreation employees as follows:
Effective January 1, 2020
Pay
Grade Step 1 Step 2 Step 3 Step 4 Step 5
P.T. Life Guard 101 $11.00 $11.75 $12.75 $13.75 $14.75
P.T. Attendant
102 $9.25 $10.00 $11.00 $12.00 $13.00
P.T. ERC Concession Staff
P.T. Intern
P.T. Cashier- Sports Complex
P.T. Desk Attendant
P.T. Junior Leader
P.T. Birthday Party Attendant
P.T. Attendant Gym, Fitness
109 $10.00 $10.75 $11.75 $12.75 $13.75
P.T. Activity Supervisor
P.T. Activity Supervisor (I)
P.T. Desk Clerk
P.T. Babysitter
P.T. Program Leader
P.T. Program Leader (I)
P.T. Café/Concession Manager 110 $10.50 $11.25 $12.25 $13.25 $14.25 P.T. ERC Concession Manager
P.T. Program Coordinator
111 $11.00 $11.75 $12.75 $13.75 $14.75 P.T. Program Coordinator (I)
P.T. Special Events Marketing Coordinator
P.T. Asst. Instructor- Preschool (I)
P.T. Bartender 112 $11.25 $12.00 $13.00 $14.00 $15.00
P.T. Instructor (I)
113 $12.00 $12.75 $13.75 $14.75 $15.75
P.T. Instructor
P.T. Facility Manager - Pool
P.T. Head Life Guard
P.T. Head Life Guard (I)
P.T. Facility Supervisor
P.T. ERC Facility Supervisor
P.T. Youth Soccer Official 114 $15.50 $18.00 $18.00 $18.00 $18.00
P.T. Instructor Preschool 115 $13.00 $13.75 $14.75 $15.75 $16.75 P.T. Instructor - Preschool (I)
P.T. Instructor
117 $15.00 $15.75 $16.75 $17.75 $18.75 P.T. Naturalist
P.T. Preschool Coordinator (I)
VOLUME LXXXIV DECEMBER 18, 2019
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P.T. Head Swim Coach
P.T. Instructor - Water Aerobics 118 $15.00 $18.75 $22.50 $26.25 $30.00
P.T. Banquet Rental Coordinator
119 $16.00 $16.75 $17.75 $18.75 $19.75 P.T. Banquet Rental Coordinator (l)
P.T. BASE Coordinator (I)
P.T. Attendant - Clubhouse 120 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Cart/Bag /Range Attendants 121 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Starter/Ranger - Golf 122 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Sales & Event Coordinator 123 $17.50 $18.00 $18.50 $19.00 $19.50
P.T. Business Coordinator P.T. Asst. Golf Professional (l)
P.T. Outside Service Captain 124 $12.00 $13.00 $14.00 $15.00 $16.00
Effective July 1, 2020 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
P.T. Life Guard 101 $11.00 $11.75 $12.75 $13.75 $14.75
P.T. Attendant
102 $10.00 $10.00 $11.00 $12.00 $13.00
P.T. ERC Concession Staff
P.T. Intern
P.T. Cashier- Sports Complex
P.T. Desk Attendant
P.T. Junior Leader
P.T. Birthday Party Attendant
P.T. Attendant Gym, Fitness
109 $10.00 $10.75 $11.75 $12.75 $13.75
P.T. Activity Supervisor
P.T. Activity Supervisor (I)
P.T. Desk Clerk
P.T. Babysitter
P.T. Program Leader
P.T. Program Leader (I)
P.T. Café/Concession Manager 110 $10.50 $11.25 $12.25 $13.25 $14.25 P.T. ERC Concession Manager
P.T. Program Coordinator
111 $11.00 $11.75 $12.75 $13.75 $14.75 P.T. Program Coordinator (I)
P.T. Special Events Marketing
Coordinator
P.T. Asst. Instructor- Preschool (I)
P.T. Bartender 112 $11.25 $12.00 $13.00 $14.00 $15.00
P.T. Instructor (I) 113 $12.00 $12.75 $13.75 $14.75 $15.75
DECEMBER 18, 2019 VOLUME LXXXIV
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P.T. Instructor
P.T. Facility Manager - Pool
P.T. Head Life Guard
P.T. Head Life Guard (I)
P.T. Facility Supervisor
P.T. ERC Facility Supervisor
P.T. Youth Soccer Official 114 $15.50 $18.00 $18.00 $18.00 $18.00
P.T. Instructor Preschool 115 $13.00 $13.75 $14.75 $15.75 $16.75 P.T. Instructor - Preschool (I)
P.T. Instructor
117 $15.00 $15.75 $16.75 $17.75 $18.75 P.T. Naturalist
P.T. Preschool Coordinator (I)
P.T. Head Swim Coach
P.T. Instructor - Water Aerobics 118 $15.00 $18.75 $22.50 $26.25 $30.00
P.T. Banquet Rental Coordinator
119 $16.00 $16.75 $17.75 $18.75 $19.75 P.T. Banquet Rental Coordinator (l)
P.T. BASE Coordinator (I)
P.T. Attendant - Clubhouse 120 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Cart/Bag/Range Attendants 121 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Starter/Ranger - Golf 122 $10.00 $11.00 $12.00 $13.00 $14.00
P.T. Sales & Event Coordinator 123 $17.50 $18.00 $18.50 $19.00 $19.50 P.T. Business Coordinator
P.T. Asst. Golf Professional (l)
P.T. Outside Service Captain 124 $12.00 $13.00 $14.00 $15.00 $16.00
Section 2. With the exception of the positions of P.T. Program Leaders to assist with before and after school programs held in School District 301 schools, P.T. Program Leaders for
The Centre after school program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC for
weekend and evening supervision, employees hired prior to September 30, 2011, in a permanent
(non-seasonal) part-time position averaging 20 or more hours per week shall also be eligible for
the following benefit program: 1. Vacation - one week per year (calculated in hours as the average number of hours
worked per week by the eligible part-time employee).
2. Sick leave, Medical Insurance, or Opt Out (HRA) - Eligible part-time employees may choose between the annual accrual of three (3) four hour sick days or
participation in the City’s comprehensive major medical insurance program for
employee and dependents provided to other City employees with eligible part-time
employee paying fifty percent (50%) of the premium costs for such medical
insurance coverage or participate in the City’s Opt-Out plan (HRA-Health Reimbursement Account) – annual reimbursement of $1000.
VOLUME LXXXIV DECEMBER 18, 2019
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3. Holidays – Ten (10) holidays, consisting of New Year’s Day, Martin Luther King
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve
(calculated in hours as four hours for each holiday).
Employees in the positions of P.T. Program Leaders to assist with before and after school
programs held in School District 301 schools, P.T. Program Leaders for The Centre after school program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC for weekend and evening
supervision and all employees hired on or after September 30, 2011, shall not be eligible for or
receive any of the benefits set forth in this Section 2.
Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect from and after January
1, 2020, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Passed: December 18, 2019
Vote: Yeas: 8 Nays: 0 Abstained: 1
Recorded: December 18, 2019
Published: December 19, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G70-19 PASSED AMENDING ORDINANCE NO. G78-18 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN
Councilmember Martinez 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.
DECEMBER 18, 2019 VOLUME LXXXIV
584
Ordinance No. G70-19
AN ORDINANCE
AMENDING ORDINANCE NO. G78-18 ESTABLISHING A PAY PLAN
FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G78-18 be and is hereby amended in its entirety to read as follows:
Section 1. That effective January 1, 2020 there is hereby established the following
positions and schedule of standard hourly pay ranges for part time and seasonal employees as
follows:
Pay
Single Rate Positions Grade P.T. EMERGENCY DISPATCH
COORD (I) 905 $30.7612
P.T. ENGINEERING INTERN 926 $10.3810
P.T. CRIME PREVENTION SPECLST (I) 967 $24.4934
P.T. FIRE CODE INSPECTOR 969 $25.0000
P.T. POLICE AUXILIARY 971 $17.5985
P.T. PUBLIC SAFETY
TELECOMMUNICATOR (I) 972 $27.2870
P.T. HEMMENS TECHNICIAN 975 $22.0000
P.T. CROSSING GUARD 977 $13.2075
P.T. CODE COMPLIANCE ADMIN
ASST (I) 978 $12.7866
P.T. PARKING CONTROL OFFICER 979 $12.6858
P.T. PATRON RELATIONS SUPERVISOR (I) 988 $23.4988
P.T. SOCIAL SERVICES CASE MGR (I) 996 $27.0057
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P.T. INTERN 999 RANGE 10.00 TO 15.00
Pay Step Step Step Step Step
Year Round Positions Grade 1 2 3 4 5
P.T. LAB WORKER (I) 901 $13.6486 $14.2798 $15.0370 $15.7942 $16.2631
P.T. SECRETARY 902 $13.0254 $13.6811 $14.4522 $15.2242 $15.5500
P.T. CLERK TYPIST (I) 903 $12.3325 $12.8554 $13.5224 $14.1718 $14.6041
P.T. RECEPTIONIST
P.T. CLERK 904 $10.5828 $11.0872 $11.6762 $12.2653 $12.6352
P.T. JANITOR 907 $10.1790 $10.8015 $11.4071 $12.0296 $12.3828
P.T. HEAD USHER 908 $9.9602 $10.4988 $10.9865 $11.4911 $11.8276
P.T. HEMMENS STAGE HAND 913 $17.0000 $17.8500 $18.7000 $19.4500 $20.0000
P.T. HEMMENS STAGE HAND (I) 914 $19.0000 $19.8500 $20.7000 $21.5500 $22.0000
P.T. BOX OFFICE CLERK 916 $12.1891 $13.0546 $13.3252 $14.0318 $14.7384
P.T. CUSTOMER SERVICE CLERK (I)
P.T. PAYROLL CLERK 973 $18.2379 $18.9674 $19.7261 $20.5152 $21.3358
P.T. SPEC PROJECT INTERN 976 $15.0000 $16.000 $17.000
Pay Step Step Step Step Step
Seasonal & Summer Positions Grade 1 2 3 4 5
P.T. FORESTRY SEASONAL
LABORER 920 $11.7268 $12.3493 $12.9043 $13.4430 $14.1152
P.T. FORESTRY SEASONAL
LABORER (I)
P.T. LABORER
P.T. SEAS. LABORER
P.T. SEASONAL LABORER-GOLF
DECEMBER 18, 2019 VOLUME LXXXIV
586
P.T. LABORER PARKS
MAINTENANCE (I) 921 $12.5669 $13.2340 $13.8288 $14.4060 $14.9822
P.T. LABORER (25 HOURS/WEEK)(I)
P.T. GREENS WORKER (I)
Section 2. That with the exception of the positions listed below there is hereby
established the following benefit program for permanent (non-seasonal) part-time employees
averaging 20 or more hours per week:
3. Vacation - one week per year (calculated in hours as the average number of hours
worked per week by the eligible part-time employee).
2. Sick leave, Medical Insurance or Opt Out (HRA) - Eligible part-time employees may choose among the annual accrual of three (3) four hour sick days , participation
in the City’s comprehensive major medical insurance program for employee and
dependents provided to other City employees with eligible part-time employee
paying fifty percent (50%) of the premium costs for such medical insurance
coverage or participation in the City’s Opt-Out plan (HRA-Health Reimbursement Account) – annual reimbursement of $1000. Notwithstanding the foregoing, or
anything else to the contrary in this ordinance, employees hired on or after January
1, 2018, shall not be eligible to participate in the so-called PPO or HCA group
medical insurance plans, and such employees shall be limited to participating in the
Health Maintenance Organization (HMO) or the High Deductible Health Plan (HDHP)/Health Savings Account (HSA) Plan. Notwithstanding the foregoing and
notwithstanding anything to the contrary in Ordinance No. G70-02, as amended,
employees and positions provided in this ordinance shall not be eligible for a retiree
insurance premium subsidy and shall not be eligible to continue to participate in
the City's group health insurance plan pursuant to Ordinance No. G70-02, as amended.
Holidays – Ten (10) holidays, consisting of New Years Day, Martin Luther King
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day
after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday).
Employees in the position of P.T. Secretary and P.T. Customer Service Clerk (I)
shall not be eligible for or receive any of the benefits set forth in this Section 2. Section 3. The City Manager, in the City Manager's discretion, may withhold proposed step increases or cost of living salary increases for a specific employee based upon such employee's substandard performance.
Section 4. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed to the extent of any such conflict.
VOLUME LXXXIV DECEMBER 18, 2019
587
Section 5. That this ordinance shall be in full force and effect from and after January
1, 2020, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Passed: December 18, 2019 Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2019
Published: December 19, 2019
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G71-19 PASSED AMENDING CHAPTER 3.12 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "COMMISSION ON HUMAN
RELATIONS"
Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Gavin.
Ordinance No. G71-19
AN ORDINANCE
AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED “COMMISSION ON HUMAN RELATIONS”
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution and as a home rule unit may exercise any power perform any function
pertaining to its government affairs; and
WHEREAS, in support of constitutional provisions against prejudice and the practice of
discrimination against any individual group based upon race, color, religion, sex, natural origin
and other protected classifications, the City Council of the City has determined that it is necessary
and desirable to amend the city’s ordinance regarding a Human Relations Commission; and
WHEREAS, the adoption of an amended ordinance regarding a city Human Relations
Commission to promote fairness, equity, unity, appreciation and mutual understanding in the City
of Elgin and preserve and enhance the City of Elgin as a diverse and welcoming place to live, work
and visit pertains to the government affairs of the City of Elgin.
DECEMBER 18, 2019 VOLUME LXXXIV
588
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 3.12 of the Elgin Municipal Code, 1976, as amended, entitled
“Commission on Human Relations” be and is hereby amended in its entirety to read as follows:
“CHAPTER 3.12
HUMAN RELATIONS COMMISSION
3.12.010: ESTABLISHED:
There is hereby established a Human Relations Commission for the city pursuant to the
city's home rule authority. The Human Relations Commission hereby established shall be
separate and distinct and supersede the commission on human relations authorized by
statute. In the case of any conflict with any provision of this chapter with any provision of
the statutory provisions for a commission on human relations, the provisions of this chapter shall control.
3.12.020: DECLARATION OF POLICY:
A. The city council, in support of constitutional provisions against prejudice and the practice of discrimination against any individual or group because of his or her race,
color, religion, sex, national origin, age, ancestry, order of protection status, familial
status, marital status, physical or mental disability, military status, sexual orientation,
gender identity, or unfavorable discharge from military service desires to establish a
human relations commission. To eliminate such prejudice and discrimination and foster an environment in the city that embraces diversity among its citizens, workers and
guests, an instrumentality should be established through which the citizens of Elgin
may be kept informed of developments in human relations, the citizens and public
officials of the city may obtain expert advice and assistance in progressive practices to
keep peace and good order, and private persons and groups may be officially encouraged to promote tolerance, goodwill, interfaith and interracial harmony between
all people.
B. The purpose of the Human Relations Commission is to promote fairness, equity, unity,
appreciation, and mutual understanding in the City of Elgin and preserve and enhance Elgin as a diverse and welcoming place to live, work, and visit. The mission of the
Human Relations Commission is to foster fairness, equity, unity, appreciation, and
mutual understanding across all people and entities in Elgin. The Human Relations
Commission will work with community partners and businesses to promote equity and
inclusion in the City of Elgin and provide guidance, education, and assistance to the community to build capacity in achieving equitable outcomes and services.
3.12.030: APPOINTMENT OF MEMBERS; COMPOSITION; TERM; SALARY:
VOLUME LXXXIV DECEMBER 18, 2019
589
A. The human relations commission shall consist of seven (7) members appointed by the
city council. Commission members shall be as broadly representative of the community as practically feasible, in such areas as race, color, religion, sex, national origin, age,
ancestry, familial status, marital status, physical or mental disability, sexual orientation,
gender identity, military status, unfavorable discharge from military service, education,
welfare, labor, and management. There shall also be two (2) ex officio nonvoting
members of the human relations commission who shall be the city manager and the chief of police of the city and one (1) ex officio voting member of the human relations
commission who shall be a member of the city council to be appointed by the city
council.
B. Each member as appointed shall serve for a term of three (3) years; except that the terms of initial appointees under this section shall be staggered in such a manner so that
the terms of four (4) members shall expire on the first Tuesday of May on each of three
(3) successive years. All members of the commission shall continue in such capacity
until their successor has been duly appointed and is acting. Any member appointed to
fill a vacancy prior to the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. All members of this commission
shall serve without compensation.
3.12.040: CHAIRPERSON; RULES; QUORUM; VOTING; STAFF:
A. The commission shall elect a chairperson from the commission members for a term of
one year but not more than two (2) consecutive years, the election being held in May.
The commission shall adopt rules and regulations governing its proceedings and the
exercise of the powers and duties given to it in this chapter provided such rules and
regulations shall not be in conflict with any provisions of this title and upon approval by the city council. A majority of the members of the commission shall constitute a
quorum. Official action may be taken by the commission only pursuant to the vote of
a majority of the quorum.
B. The office of the city manager shall provide the commission with a staff representative to provide professional guidance to the commission. The duties of the staff
representative assigned to the commission shall be:
1. Assist the Human Relations Commission with development and coordination of
community sponsored programs to improve human relations within the community.
2. Apprise the Human Relations Commission of issues within the community
concerning diversity, inclusion, equity and empowerment.
DECEMBER 18, 2019 VOLUME LXXXIV
590
3.12.050: POWERS AND DUTIES:
A. The commission’s goals shall be to:
1. Assist in developing a culture of welcoming and respect within the City; mutual
respect among existing groups and newer communities coming into Elgin.
2. Increase cultural competency among residents; facilitate understanding between
and among demographic, racial, ethnic and other groups within Elgin who are not
connected but have a desire to learn from one another.
3. Engage in public dialogue with the entire community; address important/emergent local and national events.
4. Address discrimination: provide a focus for community members to take action to
address/end discrimination.
5. Facilitate civic participation by all community members; increased participation by
underrepresented groups in boards and commissions and other opportunities for
civic engagement offered by the city.
B. The commission shall accomplish the above goals with methods including but not limited to the following:
1. The commission shall advise and consult with the mayor, city council, city
manager, human resources director, and other city boards, commissions and
officials, on all matters within the community involving prejudice, bigotry, disenfranchisement or discrimination and recommend such corrective or legislative
action as it may deem appropriate to effectuate the policy of this chapter. The
commission shall render an annual written report to the mayor, city council and city
manager.
2. The commission may invite and enlist the cooperation of racial, religious and ethnic
groups, community organizations, fraternal and benevolent societies, veterans’
organizations, professional and technical organizations and other groups in the city
in carrying on its work.
3. The commission may make recommendations to the mayor, city council and city
manager as in its judgment will effectuate the policy of this chapter and, subject to
the approval of the city council, may issue such publications and such special
reports concerning its work as it may consider desirable in the public interest.
4. The commission may initiate or conduct any educational or informational programs which it believes will further the purposes for which it was established consistent
with budget allocations to the commission approved by the city council.”
VOLUME LXXXIV DECEMBER 18, 2019
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5. The commission may provide recommendations to the city council for
implementing the city’s diversity and inclusion plan.
3.12.060: DEFINITIONS:
DISCRIMINATE: To make a difference in treatment or favor any person because of his
or her race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual
orientation, gender identity or unfavorable discharge from military service.
DIVERSITY: The ways in which people differ. Most often in reference to race, ethnicity,
and gender but also includes age, national origin, religion, disability, sexual orientation, socio-economic status, education, marital status, language, and physical appearance.
EMPOWERMENT: Environments in which all residents feel welcome, respected, and
valued. An inclusive and welcoming climate embraces differences.
EQUITY: Ensuring that all people can achieve the same outcomes regardless of
race/ethnicity, sex, physical or mental disability, sexual orientation, gender identity, age,
immigrant status, veteran status, language and/or socio-economic status."
Section 2. That Chapter 5.02 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions” be and is hereby further amended by adding a new Section 5.02.040 thereto
to read as follows:
"5.02.040: AFFIRMATIVE ACTION; CITY CONTRACTS:
A. The city shall not contract with any contractor or vendor, maintain any financial relation
with any financial institution, or use the service of any labor organization or member
thereof, which employs five (5) or more persons which does not first submit to the city a
written commitment to provide equal employment opportunity. However when a
contractor, vendor, financial institution, labor organization or member thereof is the sole source of the particular work product or service desired and such is essential for the
efficient governmental operations of the city, such written commitment shall not be
required. The written commitment required by this section shall:
1. Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal opportunity;
2. Set out specific goals for participation by minority groups and female persons qualified
by or for training or through previous work experience. This provision will not infringe
upon the right of the employer to determine the need for or qualifications of employees;
3. Agree to submit to the city upon request written evidence of the effectiveness of the
above required practices, policies and goals;
DECEMBER 18, 2019 VOLUME LXXXIV
592
4. Agree to submit to the city upon request statistical data concerning employee
composition or membership composition on race, color, sex and job description;
5. Agree to distribute copies of the above commitment to all persons who participate in
recruitment, screening, referral and selection of job applicants, prospective job
applicants or members;
6. Agree to require any subcontractor to submit to the city a written commitment which
contains the provisions required by subsections A1 through A5 of this section.
7. The written commitment required by this section may also be satisfied by filing a copy
of an affirmative action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve
such programs.
B. All such contracts by and between the city and contractors and vendors for the purchase
of the city of goods and/or services shall contain the following clauses:
The contractor/vendor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, age, ancestry, order
of protection status, familial status, marital status, physical or mental disability, military
status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question.
The contractor/vendor will take affirmative action to comply with the provisions of this
ordinance and will require any subcontractor to submit to the City of Elgin a written
commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who participate in recruitment, screening,
referral and selection of job applicants, prospective subcontractors.
C. Any contractor, vendor, financial institution or labor organization contracting with the
city will be required to submit to the city, upon written request by the city, compliance reports containing such information as to the practices, policies, programs and statistics
of employee or membership composition on race, color, sex, age and job description,
as may be prescribed by the city and will require any subcontractor to submit a
compliance report upon written request by the city. The required compliance report
shall be substantially in the form which is on file in the purchasing office.
D. Before a contract is let to a contractor or financial institution by the city, or before
purchases are made from a vendor, the purchasing agent or city clerk must have on file
a written statement from the contractor, vendor, or financial institution that it has a
present or proposed program which is approved as an acceptable equal employment opportunity or affirmative action plan for the utilization of minorities in their work force.
Neither this section, nor any other section of this title, shall be construed to prevent the
city manager or department heads from authorizing or doing business with contractors
or vendors for emergency services or supplies.
VOLUME LXXXIV DECEMBER 18, 2019
593
E. In the event that any contractor, vendor, financial institution or labor organization contracting with the city fails to comply with the fair employment and affirmative action
provisions of this section, the city, in its discretion, may:
1. Cancel, terminate or suspend the contract in whole or in part;
2. Declare the contractor, vendor, financial institution or labor organization ineligible for
further contracts for a calendar year;
3. Recover from the contractor or vendor by setoff against the unpaid portion of the contract
price, or otherwise pursuant to this contract, the sum of fifty dollars ($50.00) per day, as liquidated damages and not as a penalty, for each day that the contractor or vendor shall
fail to comply with these provisions of the contract, as determined by the city council
after recommendation by the city manager, the said sum being fixed and agreed upon
by and between the contractor and the city because of the impracticability and extreme
difficulty of fixing and ascertaining the actual damages which the city would sustain in the event of such a breach of contract, and said amount is agreed to be the amount of
damages which the city would sustain;
4. Impose such other sanctions as may be recommended by the city manager or his designee
pursuant to this section or other ordinances."
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
Presented: December 18, 2019 Passed: December 18, 2019 Vote: Yeas: 8 Nays: 1
Recorded: December 18, 2019
Published: December 19, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 18, 2019 VOLUME LXXXIV
594
RESOLUTION 19-176 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Gavin 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.
Resolution No. 19-176
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Corey Dixon is hereby appointed as the city council ex officio member of the Human Relations
Commission, for a term that will expire on May 1, 2021.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Adopted: December 18, 2019 Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-177 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT GRANT AND ABROGATION (PONDS OF STONY
CREEK UNIT 1)
Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Lopez abstained.
VOLUME LXXXIV DECEMBER 18, 2019
595
Resolution No. 19-177
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A
PLAT OF EASEMENT GRANT AND ABROGATION
(Ponds of Stony Creek Unit 1)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain plat of easement grant and abrogation prepared by Cemcon, Ltd.,
and dated May 3, 2019, last revised November 7, 2019 for the property legally described and
depicted on such plat of easement grant and abrogation attached hereto as Exhibit A.
BE IT FURTHER 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 grant and abrogation for various public
improvements, facilities and appurtenances from CalAtlantic Group Inc. regarding the property
legally described on said plat, 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 grant and abrogation to be recorded in the office of the Recorder of
Deeds of Kane County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Adopted: December 18, 2019 Vote: Yeas: 8 Nays: 0 Abstained: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-178 ADOPTED AUTHORIZING EXECUTION OF A LETTER WITH COMCAST DATED SEPTEMBER 12, 2019 REGARDING THE RESOLUTION OF A
FRANCHISE FEE AUDIT
Councilmember Gavin 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.
DECEMBER 18, 2019 VOLUME LXXXIV
596
Resolution No. 19-178
RESOLUTION
AUTHORIZING EXECUTION OF A LETTER WITH COMCAST DATED SEPTEMBER 12,
2019 REGARDING THE RESOLUTION OF A FRANCHISE FEE AUDIT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a letter
with Comcast dated September 12, 2019 on behalf of the City of Elgin regarding the resolution of
a franchise fee audit, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Adopted: December 18, 2019
Vote: Yeas: 9 Nays: 0 Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember
Martinez, to pass Ordinance No. G62-19 and adopt Resolution Nos. 19-168 through 19-172 by
omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Lopez abstained.
RESOLUTION 19-168 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2A FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM CALATLANTIC GROUP INC.
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Lopez abstained.
VOLUME LXXXIV DECEMBER 18, 2019
597
Resolution No. 19-168
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2A
FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM CALATLANTIC GROUP INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain Plat of Easement Granting a Temporary City Easement prepared by Cemcon, Ltd., and dated October 9, 2019, last revised October 30, 2019 for the property legally
described and depicted on such plat of easement grant and abrogation attached hereto as Exhibit
A.
BE IT FURTHER RESOLVED, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Granting a
Temporary City Easement on Ponds of Stony Creek Unit 2A for stormwater management and
infrastructure purposes from CalAtlantic Group Inc. regarding the property legally described on
said plat, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause said Plat of Easement Granting a Temporary City Easement on Ponds of Stony Creek Unit
2A to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Adopted: December 18, 2019
Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 18, 2019 VOLUME LXXXIV
598
RESOLUTION 19-169 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE
OF A PLAT OF EASEMENT GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2B FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM CALATLANTIC GROUP INC.
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Lopez abstained.
Resolution No. 19-169
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT
GRANTING A TEMPORARY CITY EASEMENT ON PONDS OF STONY CREEK UNIT 2B
FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PURPOSES FROM
CALATLANTIC GROUP INC.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby accepts a certain Plat of Easement Granting a Temporary City Easement
prepared by Cemcon, Ltd., and dated October 9, 2019, last revised October 30, 2019 for the
property legally described and depicted on such plat of easement grant and abrogation attached hereto as Exhibit A.
BE IT FURTHER RESOLVED, that David J. Kaptain, Mayor, and Kimberly A. Dewis,
City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Granting a
Temporary City Easement on Ponds of Stony Creek Unit 2B for stormwater management and infrastructure purposes from CalAtlantic Group Inc. regarding the property legally described on
said plat, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause said Plat of Easement Granting a Temporary City Easement on Ponds of Stony Creek Unit 2B to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV DECEMBER 18, 2019
599
RESOLUTION 19-170 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE
AGREEMENT WITH DSM DESOTECH, INC.
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Lopez abstained.
Resolution No. 19-170
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC.
WHEREAS, DSM Desotech, Inc., a Delaware corporation, is the owner of certain property
located outside the corporate limits of the City of Elgin; and
WHEREAS, said owner has requested the City of Elgin to furnish fire protection services
for said property on the terms set forth on the attached agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City
of Elgin with DSM Desotech, Inc. for fire protection service, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Adopted: December 18, 2019
Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 18, 2019 VOLUME LXXXIV
600
RESOLUTION 19-171 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE
AGREEMENT WITH ILLINOIS TOOL WORKS, INC.
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Lopez abstained.
Resolution No. 19-171
RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
ILLINOIS TOOL WORKS, INC.
WHEREAS, Illinois Tool Works, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and
WHEREAS, said owner has requested the City of Elgin to furnish fire protection services
for said property on the terms set forth on the attached agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be
and are hereby respectively authorized and directed to execute an agreement on behalf of the City
of Elgin with Illinois Tool Works, Inc. for fire protection service, a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV DECEMBER 18, 2019
601
RESOLUTION 19-172 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE
AGREEMENT WITH ST. CHARLES STREET PROPERTIES, INC.
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember
Lopez abstained.
Resolution No. 19-172
RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
ST. CHARLES STREET PROPERTIES, INC.
WHEREAS, St. Charles Street Properties, Inc., an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and
WHEREAS, said owner has requested the City of Elgin to furnish fire protection services
for said property on the terms set forth on the attached agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be
and are hereby respectively authorized and directed to execute an agreement on behalf of the City
of Elgin with St. Charles Street Properties, Inc. for fire protection service, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Adopted: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
DECEMBER 18, 2019 VOLUME LXXXIV
602
ORDINANCE G62-19 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "ZONING" REGARDING DRIVE-THROUGH FACILITY GRAPHICS
Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Lopez abstained.
Ordinance No. G62-19
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ZONING" REGARDING DRIVE-THROUGH FACILITY
GRAPHICS
WHEREAS, a written application has been made to amend Chapter 19.50.090 of the Elgin
Zoning Ordinance entitled "Special Street Graphics"; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on November 4, 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, regulations in the city's zoning ordinance
relating to drive-through facility graphics, pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
VOLUME LXXXIV DECEMBER 18, 2019
603
Section 1. That Section 19.50.090.D. of the Elgin Municipal Code, 1976, as amended,
entitled "Drive-Through Facility Graphic" be and is hereby further amended as follows:
“D. Drive-Through Facility Graphic: A drive-through facility graphic shall be
permitted only in the NB Neighborhood Business District, AB Area Business
District, CC2 Center City District, and CI Commercial Industrial District
Zoning Districts, as well as the like planned development districts, and in conjunction with a drive-through facility. A drive-through facility graphic
shall be either a monument graphic or a wall graphic.
1. Size: No drive-through facility graphic shall exceed sixty (60) square feet
in surface area or eleven (11) linear feet in height. The surface area of drive-through facility graphics shall not limit the surface area of other
allowable signage on a zoning lot.
2. Number: The maximum number of drive-through facility graphics shall be
two (2) such graphics per drive-through lane, with a maximum of four (4) such graphics per business. The number of drive-through facility graphics
shall not limit the number of other allowable signage on a zoning lot.
3. Base Material: A new monument-style drive-through facility graphic
associated with a newly constructed “principal use” [SR] shall have a masonry base. Where a new monument-style drive-through facility graphic
is added at an existing “principal use” [SR], or where an existing drive-
through facility graphic is replaced at an existing “principal use” [SR], the
new or replacement monument-style drive-through graphic may include as
its base a fabricated metal box of a color, style, and material consistent with the graphic; the exception for the fabricated metal box is where a
masonry base already exists, in which case a masonry base shall be
provided.
4. Electronic Changeable Copy: A drive-through facility graphic may include an electronic changeable copy graphic. The electronic display panel shall
be operated in compliance with the standards of subsection I.5. a. through
f. of this section 19.50.090, except the rate of change may be more frequent
so that said panel is responsive to employee-customer interactions.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
DECEMBER 18, 2019 VOLUME LXXXIV
604
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019 Passed: December 18, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1
Recorded: December 18, 2019
Published: December 19, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Powell made a motion, seconded by Councilmember Dixon, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Heritage Commission, Design Review, October 22 and November 12, 2019
Liquor Control Commission, October 9, 2019
Fire Pension Board, Various Dates
Sustainability Commission, November 21, 2019 Committee of the Whole, November 13, 2019
Committee of the Whole, November 20, 2019
City Council Minutes, November 20, 2019
Electricity Tax Revenue
Hotel/Motel Tax Revenue Natural Gas Tax Revenue
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
VOLUME LXXXIV DECEMBER 18, 2019
605
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 8:01 p.m.
s/ Kimberly Dewis January 8, 2020
Kimberly Dewis, City Clerk Date Approved