City of Elgin City Council met January 10.
Here is the minutes provided by the Council:
The regular meeting of the Council of the City of Elgin, Illinois, was held on January 10, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:03 p.m. The Invocation was given by Reverend Marion Phipps from St. Hugh of Lincoln Episcopal and the Pledge of Allegiance was led by Councilmember Corey Dixon.
Roll Call:
Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
Minutes Of The December 20, 2017, Council Meeting Approved As Distributed
Councilmember Dixon made a motion, seconded by Councilmember Powell, to approve the December 20, 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Communications:
Dr. Martin Luther King Jr. Proclamation
Mayor Kaptain read the following proclamation:
Proclamation:
Whereas, Dr. Martin Luther King, Jr., born in Atlanta, Georgia, attended Morehouse College in Atlanta and Crozer Theological Seminary in Pennsylvania, and was a student thereafter at Boston University and the University of Pennsylvania, and, who following his studies, became a spiritual leader of his church; and
Whereas, Dr. Martin Luther King, Jr., as a spiritual leader not only of his own congregation, but of millions throughout the world, espoused the philosophy of nonviolence to all mankind, and in recognition of his teachings was awarded the Nobel Peace Prize; and
Whereas, Dr. Martin Luther King, Jr. spent a life in service to his fellow men and attempted to realize for them and for America, a dream of peace and brotherhood; and
Whereas, Dr. Martin Luther King, Jr., in his campaign for Civil Rights, extended his work for the benefit of all humanity, and especially for the poor, and was a leader in the cause of world peace; and
Whereas, The City of Elgin is a blessed and compassionate city, priding itself on its diversity and welcoming its many immigrant groups and its many communities of faith; and
Whereas, Elgin is a leader among cities, has citizens and a government that cares, and is indeed The City to Watch; and
Whereas, The City of Elgin through its Human Relations Commission and the Dr. King Celebration Committee has honored the legacy of Martin Luther King, Jr. for 33 years, reflecting our commitment to Dr. Martin Luther King Jr.’s vision of a nation committed to non- violence and love in our cities.
Now, Therefore, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Saturday, January 13th and Monday, January 15th, 2018, as days in honor of the memory of Dr. Martin Luther King, Jr.
In Witness Whereof, I have hereunto set my hand this 10th day of January, 2018.
Recognize Persons Present
Mateo Calero expressed his concerns regarding the Federal Trade Commission’s decision to repeal net neutrality. He urged the council to fight the decision on a local level by developing a city run ISP similar to Chattanooga, TN.
Clarence Hayward expressed his concerns regarding the 2018 budget and council expenses.
Eric Rubin and Ryan Waesche thanked the council, city of Elgin staff and the Police Department for their continual kindness and efforts in helping the city’s homeless population.
National Joint Powers Alliance Joint Purchasing Agreement Approved For The Purchase Of A Sewer Televising Truck
Councilmember Dixon questioned what was being done with the old equipment. Eric Weiss, Interim Water Director, stated that there was research being conducted as to the equipment’s worth and that in all likelihood it would be auctioned at a later date.
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Atlantic Machinery Inc. in the amount of $310,247 for the purchase of a sewer televising truck for the sewer division to meet the maintenance and inspection needs of storm and wastewater infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Petition 22-17 Approved For An Application By Brooktree Woodstock Il, Llc, As Applicant, And International Teams An Illinois Not For Profit, As Property Owner, Allowing For A Map Amendment From Pgi Planned General Industrial District To Pcf Planned Community Facility District At 411 W. River Road
Mayor Kaptain declared the public hearing open.
Marc Mylott, Community Development Director, provided an overview of Petition 22-17 which would allow for a specialty hospital (Footprints to Recovery) for individuals struggling with a variety of health issues, including but not limited to depression, anxiety, substance abuse, and trauma. It was noted that staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo.
Attorney Ken Shepro, representing residents of the nearby Riverside Manor subdivision and Providence Baptist College, spoke in opposition to Petition 22-17 and outlined some of the objections and concerns of his clients. He stated that there were major concerns regarding the type of work the specialty hospital would be doing, the possibility of property values lowering in the nearby subdivision, and the risk of the applicant changing their scope of operation from a specialty hospital to a nursing home facility if it isn’t as profitable as hoped. He also voiced concerns about the city’s inability to enforce the scope of operation. He cited a 2014 New Jersey case opened by the Department of Human Services against an outpatient facility also run by the applicant as the basis of his clients cause for concern, and urged the council to continue their investigation into the background of the petitioner and their proposal.
Councilmembers questioned if the facility would be using sedation on the patients, what property uses were allowed with the proposed zoning, the amount emergency calls, the staffing of nurses and doctors at the facility, the differences in care between outpatient facilities versus inpatient facilities, and if Medicaid would be accepted at this location. They also asked the petitioner for the reasons that they chose the building and location, as well as for more information regarding the First Responder’s Program offered by the proposed hospital.
Hirsch Chinn, Footprints CEO, and Autumn Aumann, the residential coordinator for the proposed facility, answered questions and provided background regarding the petition before the council. They stated that patients at the facility would not be sedated and emergency transport would be provided by a private company. The patients themselves would be entering the program voluntarily and paying for treatment or using private insurance, and that Medicaid would not be accepted there, but that a sliding scale of rates would be available. Mr. Chinn stated that all of the facilities that he is associated with currently are JAHCO accredited by the Joint Commission which has stricter standards of care than the State. The proposed facility is planning on applying for the same accreditation as soon as possible. The location of this facility, ease of access, the quiet location, the close proximity to the highway, and the layout of the existing building all played a part in choosing the city of Elgin. They also explained the staffing for the hospital.
Mr. Chinn explained how the First Responder’s Program started and how it benefits emergency personnel. Former Fire Chief Fahy spoke in favor of the program for emergency personnel and stated he believes there is a need for the program to be offered for personnel who may be suffering from PTSD, anxiety, and how it could help benefit not only the people in the program, but their families as well.
Councilmembers questioned if the zoning would remain in place even if the property was sold. They also asked if there was any restriction within the zoning designation that would prohibit the applicant from changing the facility from a specialty hospital to a nursing home or other type of facility other than what is currently being proposed. Marc Mylott, Community Development Director, stated that the zoning would remain in place even if the property was sold and that changing the land use classification would require another public hearing and council approval to operate as a nursing home or other type of business. He noted that it would not be possible to enforce payment method of the people seeking treatment at the facility. Mr. Chinn responded that from a business perspective the hospital would have to remain a voluntary paying hospital in order to stay viable on the business side.
Mayor Kaptain declared the public hearing closed.
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to approve Petition 22-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
Petitions 23-17 And 27-17 Approved For Applications By Fox River Water Reclamation District (Frwrd), As Applicant And Property Owner, For A Map Amendment From Rc3 Residence Conservation District To Cf Community Facility District, And A Conditional Use For A Planned Development At 654-700 Wellington Avenue
Mayor Kaptain declared the public hearing open.
Marc Mylott, Community Development Director, provided an overview of Petitions 23-17 and 27-17 which would allow for a new 2,000-square foot, replacement pump station for the Fox River Water Reclamation District (FRWRD) at the end of Wellington Avenue. The existing pump station building was constructed in 1925, and is too small to accommodate the infrastructure now required. Once the new building is complete, the existing brick building will be removed. It was noted that staff and Planning and Zoning Commission approved subject to the conditions outlined in the memo.
Council questioned if the new building could be sold rather than demolished, and if not if the brick could be reclaimed. Beth Vogt, Technical Services Director for FRWRD, stated that while the building is very old there is no significant potential for reuse and as such will need to be demolished. It was noted that the brick was valuable and would likely be reused by the contractor who will be demolishing the building.
Mayor Kaptain declared the public hearing closed.
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve Petitions 23-17 and 27-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution 17-161 Adopted Authorizing Execution Of An Agreement With Today's Uniforms Inc. For Fire Department Uniforms
This item was removed from the table during the Committee of the Whole meeting.
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-161
Resolution Authorizing Execution Of An Agreement With Today's Uniforms Inc. For Fire Department Uniforms
Be It Resolved By The City Council Of The City Of Elgin, Illinois, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Today's Uniforms Inc. for Fire Department uniforms, a copy of which is attached hereto and made a part hereof by reference.
Resolution 18-4 Adopted Authorizing Execution Of Various Temporary Construction Easement Agreements For Sidewalk Reconstruction And Other Highway Purposes In Connection With The East Chicago Street Rehabilitation Project
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-4
Resolution Authorizing Execution Of Various Temporary Construction Easement Agreements For Sidewalk Reconstruction And Other Highway Purposes In Connection With The East Chicago Street Rehabilitation Project
Be It Resolved By The City Council Of The City Of Elgin, Illinois, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute various temporary construction easement agreements for purposes of sidewalk reconstruction and other highway purposes in connection with the East Chicago Street Rehabilitation Project, in such form as approved by the Corporation Counsel
Be It Further Resolved that the City Clerk is hereby authorized and directed to cause the temporary construction easement agreements to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.
Ordinance G3-18 Passed Granting A Conditional Use To Establish A Commercial Food Hall And Taproom Involving Various Assemblies Of People In The Cc1 Center City District (51 South Grove Avenue)
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained.
Ordinance No. G3-18
An Ordinance Granting A Conditional Use To Establish A Commercial Food Hall And Taproom Involving Various Assemblies Of People In The Cc1 Center City District (51 South Grove Avenue)
Whereas, written application has been made requesting conditional use approval to establish a commercial food hall and taproom for various activities pertaining to the assembly of people at 51 S. Grove Avenue; and
Whereas, the zoning lot with the building containing the premises at 51 S. Grove Avenue is legally described herein (the “Subject Property”); and
Whereas, the Subject Property is located within the CC1 Center City District and a commercial food hall and taproom for various activities pertaining to the assembly of people is listed as a conditional use within the CC1 Center City District; and
Whereas, the Planning & Zoning Commission conducted a public hearing concerning said application on December 4, 2017 following due notice by publication; and
Whereas, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and
Whereas, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and
Whereas, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and
Whereas, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and
Whereas, zoning, including, but not limited to, this ordinance granting a conditional use in the CC1 Center City District pertains to the government and affairs of the city.
Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 4, 2017, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a commercial food hall and taproom for various activities pertaining to the assembly of people is hereby granted for the property commonly known as 51 S. Grove Avenue and commonly identified by Kane County Property Identification Number (PIN) 06-14-435-001, and legally described as follows:
The North 75 Feet of Lot 2 in Block 14 of J.T. Gifford Plat of East Elgin, in the City of Elgin, Kane County, Illinois.
(commonly known as 51 S. Grove Avenue).
Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Dream Hall, as applicant, and LV Management, as property owner, received October 13, 2017 and supporting documents including:
a. Dream Hall at 51 S. Grove Elgin, IL – Conditional Use Statement of Purpose and Conformance, prepared by PKE Enterprises Inc. D.B.A Dream Hub, dated October 12, 2017;
b. Undated UA Taproom + Bottleshop Executive Summary, received October 14, 2017; and
c. Two-page floor plans, prepared by Hrivnak Associates, Ltd., dated September 29, 2017.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
2. Assembly uses permitted by this grant of conditional use shall include:
a. Business Dinners, Breakout Session, and/or Round-Table Discussions;
b. Banquets (General);
c. Baby Showers and/or Bridal Showers;
d. Baptisms and/or Christenings;
e. Celebrations, Soirees, and Private Parties, such as Anniversaries, Birthdays, and/or Bar Mitzvahs and Bat Mitzvahs, provided:
i. Said event is not advertised,
ii. Said event is by private invitation only, and
iii. No gate charge, cover charge, or other entrance fee or donation is required or encouraged;
f. Conferences, Conventions, and/or Seminars;
g. Colloquiums;
h. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
i. Cooking and Baking Classes;
j. Cooking Competitions;
k. Corporate and/or Non-profit Events;
l. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes;
m. Exhibitions, including but not limited to Art Shows;
n. Expositions;
o. Fairs and/or Festivals;
p. Farm-to-table Meal Events;
q. Food Market;
r. Fundraisers;
s. Galas;
t. Gallery Displays, including but not limited to works of art, either temporary or permanent;
u. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events;
v. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings;
w. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga;
x. Plenary or General Sessions;
y. Political Events;
z. Press Conferences;
aa. Product Launch Events;
bb. Receptions, provided no gate charge, cover charge, or other entrance fee or donation is required or encouraged;
cc. Retreats and Team Buildings Events;
dd. Symposiums;
ee. Wedding Ceremonies & Receptions, including but not limited to traditional
weddings, elopements, and/or civil unions; and
ff. Wine and/or Food Tastings.
3. Incidental entertainment as an accessory use to a permitted principal use is permissible, in so long as said entertainment complies with all city codes and ordinances, including but not limited to the restrictions upon “uses, accessory” as articulated within Section 19.90.015, “Definitions and Regulations” of the Elgin Municipal Code, 1976 as amended, and as said section may be amended from time to time.
4. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off- site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations.
5. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended.
6. The above assembly uses are authorized for only the indoor tenant space at 51 S. Grove
Avenue as described within the associated application for conditional use.
7. All exterior street graphics must comply with the zoning ordinance requirements.
8. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law.
Consent Agenda:
By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to pass Ordinance Nos. G1-18 and G2-18, and adopt Resolution Nos. 18-1 through 18-3 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution 18-1 Adopted Accepting For Ownership And Maintenance The Public Parkway Improvements Within Foy Property Subdivision
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-1
Resolution Accepting For Ownership And Maintenance The Public Parkway Improvements Within Foy Property Subdivision
Be It Resolved By The City Council Of The City Of Elgin, Illinois, that the City of Elgin hereby accepts for ownership and maintenance the public parkway improvements within Foy Property Subdivision which include sidewalk and parkway improvements. Acceptance of the public improvements will add the following city-maintained facilities: approximately 16,232 lineal feet of 5-foot sidewalk along with 361 parkway trees, and all of their respective appurtenances.
Resolution 18-2 Adopted Authorizing Execution Of A Local Agency Agreement For Federal Participation With The Illinois Department Of Transportation In Connection With The East Chicago Street Rehabilitation Project
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-2
Resolution Authorizing Execution Of A Local Agency Agreement For Federal Participation With The Illinois Department Of Transportation In Connection With The East Chicago Street Rehabilitation Project
Be It Resolved By The City Council Of The City Of Elgin, Illinois, that David Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Local Agency Agreement for federal participation on behalf of the City of Elgin with the Illinois Department of Transportation in connection with the East Chicago Street Rehabilitation Project, section number 12-00183-00-PV, job number C-91-048-18, project number E79I(005), a copy of which is attached hereto and made a part hereof by reference.
Resolution 18-3 Adopted Authorizing The Renewal And Execution Of Service Orders And Box Service Agreement With Box Inc. For Cloud Based Data Storage And Document Management Platform And For Consulting Services
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution 18-3
Resolution Authorizing The Renewal And Execution Of Service Orders And Box Service Agreement With Box Inc. For Cloud Based Data Storage And Document Management Platform And For Consulting Services
Be It Resolved By The City Council Of The City Of Elgin, Illinois, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and
Be It Further Resolved By The City Council Of The City Of Elgin, Illinois, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to renew and execute service orders and Box Service Agreement on behalf of the City of Elgin with Box Inc. for cloud-based data storage and document management platform, a copy of which is attached hereto and made a part hereof by reference.
Be It Further Resolved By The City Council Of The City Of Elgin, Illinois, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to renew and execute service orders and Box Service Agreement on behalf of the City of Elgin with Box Inc. for consulting services, a copy of which is attached hereto and made a part hereof by reference.
Ordinance G1-18 Passed Adopting A Policy Prohibiting Sexual Harassment For The City Of Elgin
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G1-18
An Ordinance Adopting A Policy Prohibiting Sexual Harassment For The City Of Elgin
Whereas, the Illinois General Assembly has recently enacted Public Act 100-0554, an Act concerning government, which became effective immediately, dated November 16, 2017; and
Whereas, pursuant to the Act, each governmental unit shall adopt an ordinance or resolution establishing a policy to prohibit sexual harassment; and
Whereas, all prior existing sexual harassment policies of the City of Elgin shall be superseded by the Policy Prohibiting Sexual Harassment adopted by this Ordinance; and
Whereas, should any section or provision of this Ordinance or the adopted Policy Prohibiting Sexual Harassment be declared to be invalid, that decision shall not affect the validity of this Ordinance or adopted Policy Prohibiting Sexual Harassment as a whole or any part thereof, other than the part so declared to be invalid;
Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:
Section 1. The City of Elgin’s anti-harassment/non-discrimination policy, which includes a policy prohibiting sexual harassment, attached hereto as Exhibit A to this Ordinance, is hereby adopted.
Section 2. This ordinance shall be in full force and effect upon its passage and publication in the Manner Provided By Law.
Ordinance G2-18 Passed Amending Title 11 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Vehicles And Traffic"
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G2-18
An Ordinance Amending Title 11 Of The Elgin Municipal Code, 1976, As Amended, Entitled "Vehicles And Traffic"
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, various regulations as to the operation of vehicles, traffic and parking on streets and other areas within the City pertain to the government and affairs of the City.
Now, Therefore, Be It Ordained By The City Council Of The City Of Elgin, Illinois:
Section 1. That Chapter 11.14 of the Elgin Municipal Code, 1976, as amended, entitled "Traffic Signs, Signals and Markings" be and is hereby further amended by adding a new Section 11.14.025 thereto entitled "Presumption of Legality" to read as follows:
"11.14.025: Presumption Of Legality:
A. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
B. Any official traffic controlled device placed pursuant to provisions of this Title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Title, unless the contrary shall be established by competent evidence."
Section 2. That Section 11.14.030 of the Elgin Municipal Code, 1976, as amended, entitled "Right Turns on Red:" be and is hereby amended to read as follows:
"Intersections where right turns against a steady red signal are prohibited shall be those intersections designated to be no right turns on red intersections by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the intersections where right turns against a steady red signal are prohibited and shall place and maintain appropriate signs indicating the same."
Section 3. That Section 11.14.035 of the Elgin Municipal Code, 1976, as amended, entitled "Left Turns Prohibited:" be and is hereby amended to read as follows:
"The locations where left turns are prohibited shall be as designated by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the locations where left turns are prohibited and shall place and maintain appropriate signs indicating the same."
Section 4. That Section 11.20.030 of the Elgin Municipal Code, 1976, as amended, entitled "Speed Regulations:" be and is hereby amended to read as follows:
"It is determined, upon the basis of an engineering and traffic investigation, that the maximum speed limits on the following streets shall be as hereinafter set forth:
A. Fifteen Miles Per Hour: There is established an absolute maximum speed limit for vehicles of fifteen (15) miles per hour along and upon the following streets and highways in the City:
Riverside Drive, northbound lane, from Prairie Street to East Chicago Street. Riverside Drive, southbound lane, from East Chicago Street to Prairie Street.
B. Twenty Miles Per Hour: There is established an absolute maximum speed limit for vehicles of twenty (20) miles per hour along and upon the following streets and highways in the City:
(Reserved)
C. Twenty Five Miles Per Hour: There is established an absolute maximum speed limit for vehicles of twenty five (25) miles per hour along and upon the following streets and highways in the City:
Airlite Street between Larkin Avenue and Country Knoll Lane.
Alberta Road from Bowes Road to dead end of Alberta Road.
Bowen Court between Regent Street and Sherman Avenue.
Canfield Circle from Pompton Avenue to Pompton Avenue.
Center Street between Kimball Street and Dexter Avenue.
East Chicago Street between State Street and Geneva Street.
College Green Drive between Randall Road and Covered Bridge Drive.
College Green Drive between Randall Road and McLean Boulevard.
Conifer Drive from Pompton Avenue to Alberta Road.
Covered Bridge Drive from College Green Drive to Otter Creek Drive.
Dexter Avenue between Dexter Court and Center Street.
Division Street between Douglas Avenue and Geneva Street.
Douglas Avenue between Kimball Street and East Chicago Street.
DuPage Street between Villa Street and Spring Street.
Erie Street between South McLean Boulevard and South Jane Drive.
Fulton Street between Villa Street and Spring Street.
Gifford Place between Michigan Street and Raymond Street.
Grand Avenue between Hiawatha Drive and Grand Boulevard.
Grand Boulevard between Grand Avenue and Linden Avenue.
Lucca Drive from Airlite Street to Lucca Court.
North Grove Avenue between Kimball Street and East Chicago Street.
Padua Drive from Airlite Street to dead end of Padua Drive.
Salem Road from Lucca Drive to Airlite Street.
South Grove Avenue between Fulton Street and Chicago Street.
South Grove Avenue between Prairie Street and National Street.
East Highland Avenue between North State Street and Geneva Street.
South Jane Drive between Larkin Avenue and Meyer Street.
Lake Street between the Fox River and Villa Street.
Linden Avenue between Grand Boulevard and Bode Road.
Mark Avenue between Mildred Avenue and the west terminus.
Michigan Street between Lake Street and Gifford Place.
Muirfield Circle from College Green Drive to College Green Drive.
National Street between State Street and Villa Street.
Pebble Beach Circle from College Green Drive to College Green Drive.
Pompton Avenue from Corron Road to dead end of Pompton Avenue.
Prairie Street between Villa Street and Riverside Drive.
River Bluff Road between Slade Avenue and North Spring Street.
Scott Drive between Royal Boulevard and Mildred Avenue.
Sheffield Drive between North Lyle Avenue and the southerly intersection of Devonshire Circle.
Sienna Drive from Highland Avenue to Padua Drive.
North Spring Street between Kimball Street and East Chicago Street.
South Spring Street between East Chicago Street and Grove Avenue.
Symphony Way between North Grove Avenue and Dundee Avenue.
Torino Drive from Airlite Street to Sienna Drive.
D. Thirty Five Miles Per Hour: There is established an absolute maximum speed limit for vehicles of thirty five (35) miles per hour along and upon the following streets and highways in the city:
Bode Road from Highbury Drive to the easterly corporate limits of the city.
Chicago Street from Willard Avenue to Woodview Drive.
Congdon Avenue from Blackhawk Drive to Dundee Avenue.
West Highland Avenue from Thomas More Drive to Randall Road.
McLean Boulevard between U.S. 20 bypass and Bowes Road.
Villa Street between Illinois Avenue and Peck Place.
Weld Road from South Street to Shepard Drive.
E. Forty Miles Per Hour: There is established an absolute maximum speed limit for vehicles of forty (40) miles per hour along and upon the following streets and highways in the city:
Villa Street between Ramona Avenue and Peck Place.
Chicago Street from Woodview Drive to the city limits.
Congdon Avenue between Blackhawk Drive to Wakefield Drive.
F. Forty Five Miles Per Hour: There is established an absolute maximum speed limit for vehicles of forty five (45) miles per hour along and upon the following streets and highways in the city:
Coombs Road from Highland Avenue to Illinois Route 20.
Gifford Road from Bluff City Boulevard to West Bartlett Road.
Highland Avenue from Stonehaven Drive to the city limits.
Plank Road from Highland Avenue to Russell Road.
Russell Road from Plank to city limits.
Villa Street from Peck Place to Illinois Route 20.
G. Fifty Miles Per Hour: There is established an absolute maximum speed limit for vehicles of fifty (50) miles per hour along and upon the following streets and highways in the city:
Damisch Road between Reinking Road and Homestead Drive.
H. Duty To Use Caution: The fact that the speed of a vehicle is lower than the foregoing prima facie limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway or when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle or on entering the highway in compliance with legal requirements and duty of all persons to use care."
Section 5. That Section 11.24.020 of the Elgin Municipal Code, 1976, as amended, entitled "One Way Streets and Alleys:" be and is hereby amended to read as follows:
"The streets and alleys in which traffic shall move in only one specified direction shall be those designated by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the streets and alleys on which traffic shall move in only one specified direction and shall place and maintain appropriate signs indicating same including the direction of traffic, such signs to be erected and maintained at every intersection where movement in the opposite direction is prohibited. The director of public works, or the chief of police in his absence, is further authorized to designate one-way traffic on drives in public parks in the city and to cause signs indicating the direction of traffic to be maintained at intersecting drives in such public parks."
Section 6. That Section 11.32.020 of the Elgin Municipal Code, 1976, as amended, entitled "Through Streets:" be and is hereby further amended to read as follows:
"Streets and parts of streets which shall be through streets shall be those streets and parts of streets designated to be through streets by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine which streets and parts of streets are declared to be through streets. The director of public works shall maintain a schedule of through streets."
Section 7. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended, entitled "Stop Intersections:" be and is hereby further amended to read as follows:
"Stop intersections shall be those intersections designated to be stop intersections by ordinance or by the director of public works, or the chief of police in his absence, and all vehicles being operated on such streets so determined to be stop intersections must stop before crossing or entering the designated streets. The director of public works, or the chief of police in his absence, shall place and maintain appropriate signs at every such place where a stop is required. The director of public works shall maintain a schedule of stop intersections."
Section 8. That Section 11.32.040 of the Elgin Municipal Code, 1976, as amended, entitled "Yield Intersections:" be and is hereby further amended to read as follows:
"Yield intersections shall be those intersections designated to be yield intersections by ordinance or by the director of public works, or the chief of police in his absence. The director of public works or the chief of police in his absence, is authorized to determine the location of yield intersections and shall place and maintain appropriate signs indicating the same."
Section 9. That Section 11.32.050 of the Elgin Municipal Code, 1976, as amended, entitled "Signs Required at Through Streets:" be and is hereby further amended to read as follows:
"Whenever any ordinance, or the director of public works, or the chief of police in his absence, designates and describes a through street, it shall be the duty of the director of public works, or the chief of police in his absence, to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic control signals; provided, however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of the streets as may be determined by the director of public works, or the chief of police in his absence, upon the basis of an engineering and traffic study."
Section 10. That Section 11.60.050 of the Elgin Municipal Code, 1976, as amended, entitled "Stopping, Standing, Parking Prohibited Where:" be and is hereby further amended by amending subparagraph O thereof to read as follows:
"O. In any of the additional designated places designated by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the places on streets where standing, stopping, or parking is prohibited including the area and time of such restriction. The director of public works, or the chief of police in his absence, shall place and maintain appropriate signs indicting same. The director of public works shall maintain a schedule of such additional designated places including the area and time of such restriction."
Section 11. That Section 11.60.065 of the Elgin Municipal Code, 1976, as amended, entitled "Stopping, Standing or Parking Prohibited on Private Property:" be and is hereby further amended by repealing and deleting subparagraph C thereof.
Section 12. That Section 11.60.070 of the Elgin Municipal Code, 1976, as amended, entitled "Limited Parking Area; One Hour or More:", Section 11.60.080 entitled "Limited Parking Areas; Less Than One Hour:", Section 11.60.082 entitled "Thirty Minute Parking Zones:", Section 11.60.083 entitled "One Hour Parking Zones:", Section 11.60.083.2 entitled "Ninety Minute Parking Zones:", Section 11.60.084 entitled "Two Hour Parking Zones:", and Section 11.60.086 entitled "Ten Hour Parking Zones:" be and are hereby further amended to read as follows:
"11.60.070: Limited Time Duration Parking Areas:
A. Limited time duration parking areas shall be those areas on streets designated as limited time duration parking areas by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the streets or portions thereof which shall have limited time duration parking and shall place and maintain appropriate signs indicating and providing notice of same. The director of public works shall maintain a schedule of those areas designated as limited time duration parking areas.
B. The provisions of this section shall not be construed to permit the parking of vehicles in any place where such parking is prohibited by any other ordinance or any other section of this Title.
C. The director of public works, or the chief of police in his absence, may designate by official signs a space on sides of the street in each block in the limited time duration parking areas not to exceed eighteen feet (18') in length where it shall be unlawful for any person to park any vehicles for more than five (5) minutes. Such five-minute parking shall be so located so as to prevent the operator of a vehicle to pull away from the curb without backing across any cross walk."
Section 13. That Section 11.60.087 of the Elgin Municipal Code, 1976, as amended, entitled "Limited Parking Areas; Buses Only:" be and is hereby further amended to read as follows:
"The areas on streets on which no parking other than for a school bus shall be permitted shall be those areas on streets designated by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the areas on streets on which parking is prohibited other than for a school bus including the times for such parking restrictions. No person shall park a vehicle, other than a school bus, within the areas on streets so designated as limited parking areas for school buses only. The director of public works, or the chief of police in his absence, shall place and maintain appropriate signs at every such place where parking is limited to school buses."
Section 14. That Section 11.60.088 of the Elgin Municipal Code, 1976, as amended, entitled "Limited Parking Areas; Ambulances Only:" be and is hereby repealed and deleted.
Section 15. That Section 11.60.089 of the Elgin Municipal Code, 1976, as amended, entitled "Monthly Permit Parking Zones:" be and is hereby repealed and deleted.
Section 16. That Section 11.60.090 of the Elgin Municipal Code, 1976, as amended, entitled "Snow Emergency Routes:" be and is hereby further amended by amending subparagraph A thereof to read as follows:
"A. Snow emergency routes shall be those streets designated as snow emergency routes by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the streets to be designated as snow emergency routes and shall place and maintain appropriate signs indicating the same. The director of public works shall maintain a schedule of snow emergency routes."
Section 17. That Section 11.60.156 of the Elgin Municipal Code, 1976, as amended, entitled "Handicapped Parking Spaces:" be and is hereby further amended to read as follows:
"Handicapped parking spaces shall be those parking spaces designated by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the parking lots and streets to be designated as handicapped parking spaces and shall place and maintain appropriate signs indicating the same. When signs are erected giving notice thereof, no person shall park a vehicle, which is not bearing registration plates or decals issued to a handicapped person, within the parking lots or any of the streets so designated."
Section 18. That Section 11.60.205 of the Elgin Municipal Code, 1976, as amended, entitled "Tow Away Zones:" be and is hereby further amended by amending subparagraph A thereof to read as follows:
"A. Tow away zones on streets shall be on areas of streets designated as tow away zones by ordinance or by the director of public works, or the chief of police in his absence. The director of public works, or the chief of police in his absence, is authorized to determine the streets to be designated as tow away zones and shall place and maintain appropriate signs indicating the same. Any car or other vehicle parked on any street designated as a tow away zone during the hours when parking thereon is prohibited may be removed and towed as herein provided."
Section 19. That Chapter 11.68 of the Elgin Municipal Code, 1976, as amended, entitled "Parking Meters" be and is hereby repealed and deleted.
Section 20. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law.
Reports/Minutes Received And Ordered Placed On File
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Emergency Telephone System Board, November 16, 2017 Heritage Commission, November 7, 2017 Planning and Zoning Commission, October 2, and November 6, 2017 Committee of the Whole, December 6, 2017 Committee of the Whole, December 9, 2017 City Council Minutes, December 9, 2017 Electricity Tax Revenue Natural Gas Tax Revenue Uncollectible Receivables
Announcements:
Mayor Kaptain made announcements regarding forthcoming meetings.
Adjournment:
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:43 p.m.
http://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/5849
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