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HomeMy WebLinkAboutp - August 27, 2008 CC602 AUGUST 27, 2008 VOLUME LXXIII 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 August 27, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Pastor Andre Simmons of Bethesda Church of God in Christ and the Pledge of Allegiance was led by Councilmember David Kaptain. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Steffen, Walters and Mayor Schock. Absent: Councilmember Gilliam. MOTION TO CONSIDER OTHER BUSINESS ITEM 1 REGARDING FIESTA SALSA IMMEDIATELY Due to a previous engagement Councilmember Steffen needed to leave the meeting early. Councilmember Steffen made a motion, seconded by Councilmember Walters, to consider Other Business Item 1 regarding the Fiesta Salsa celebration. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-206 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE HISPANIC HERITAGE COALITION FOR FIESTA SALSA Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Figueroa abstained due to a conflict of interest. Resolution No. 08-206 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE HISPANIC HERITAGE COALITION FOR FIESTA SALSA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin VOLUME LXXIII AUGUST 27, 2008 603 with the Hispanic Heritage Coalition for Fiesta Salsa activities be held on September 13, 2008, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk Councilmember Steffen excused himself from the remainder of the meeting. MINUTES OF THE AUGUST 13, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the August 13, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Bill Sokolis, owner of the Chicago Bandits, reviewed the first season of the Bandits and thanked the City and the community for its support. He stated that he had bought out his former partner and was now the sole owner. He said he was excited to be a part of the community. Mayor Schock said the City was proud of the Bandits’ successful season and their commitment to the community. John Collins expressed his concerns about flooding issues at Preston and Cooper. He presented a number of pictures indicating the water line after a storm. BID 08-023 AWARDED TO WAREHOUSE DIRECT FOR OFFICE FURNITURE FOR THE VARIOUS AREAS WITHIN THE POLICE DEPARTMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Warehouse Direct in the amount of $80,896 for furniture for various areas in the Police Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. AUGUST 27, 2008 VOLUME LXXIII 604 BID 08-060 AWARDED TO MARTAM CONSTRUCTION, IN. FOR THE 2008 CENTRAL BUSINESS DISTRICT WATER MAIN REPLACEMENT PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Martam Construction, Inc. in the amount of $2,128,023 for the 2008 Central Business District Water Main Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. BID 08-064 AWARDED TO MARKING SPECIALISTS CORP. FOR THE 2008 PAINT/EPOXY PAVEMENT MARKING PROGRAM Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a contract to Marking Specialists Corp. in the amount of $98,817.50 for the 2008 Paint/Epoxy Pavement Marking Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. BID 08-065 AWARDED TO MARKING SPECIALISTS CORP. FOR THE 2008 THERMOPLASTIC PAVEMENT MARKING PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Marking Specialists Corp. in the amount of $198,573.50 for the 2008 Thermoplastic Pavement Marking Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. BID 08-066 AWARDED TO VARIOUS VENDORS DEPENDING ON NEED AND AVAILABILITY FOR BITUMINOUS PATCHING MIXTURES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to authorize the Public Works Department to purchase Bituminous Patching Mixtures, Groups I and II, from all of the suppliers, depending on need and availability at the unadjusted rates listed in the memo provided to Council. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Elgin Police Department Elgin, IL $16,088.94 Salary reimbursement for 2nd Quarter 2008 for Police Department. VOLUME LXXIII AUGUST 27, 2008 605 Seyfarth Shaw Chicago, IL $29,752.20 Legal fees for the City Talaske Oak Park, IL $19,656.73 Chicago Bandits Softball Field Development CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass Ordinance Nos. G59-08 through G61-08 and adopt Resolution Nos. 08-192 through 08-205 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-192 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR PROPOSED IMPROVEMENTS TO RANDALL ROAD AND BOWES ROAD ASSOCIATED WITH THE ELGIN SAM’S/WAL-MART SUBDIVISION Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-192 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR PROPOSED IMPROVEMENTS TO RANDALL ROAD AND BOWES ROAD ASSOCIATED WITH THE ELGIN SAM’S/WAL-MART SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Highway Permit on behalf of the City of Elgin with the Kane County Division of Transportation for the proposed improvements to Randall Road and Bowes Road associated with the Elgin Sam’s Wal -Mart Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor AUGUST 27, 2008 VOLUME LXXIII 606 Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-193 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR BOWES CREEK COUNTRY CLUB ACCESS AND INTERSECTION IMPROVEMENTS AT CORRON ROAD AND CONGRESSIONAL PARKWAY Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-193 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR BOWES CREEK COUNTRY CLUB ACCESS AND INTERSECTION IMPROVEMENTS AT CORRON ROAD AND CONGRESSIONAL PARKWAY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Highway Permit on behalf of the City of Elgin with the Kane County Division of Transportation for Bowes Creek Country Club Access and Intersection Improvements at Corron Road and Congressional Parkway, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII AUGUST 27, 2008 607 RESOLUTION 08-194 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH RYAN CENTRAL, INC. FOR CONSTRUCTION OF THE HIGHLANDS PHASE II GOLF COURSE Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-194 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH RYAN CENTRAL, INC. FOR CONSTRUCTION OF THE HIGHLANDS PHASE II GOLF COURSE WHEREAS, the City of Elgin has heretofore entered into a contract with Ryan Central, Inc. for construction of The Highlands Phase II Golf Course; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 27, 2008 VOLUME LXXIII 608 RESOLUTION 08-195 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH DINATALE CONSTRUCTION, INC. FOR THE 2008 NEIGHBORHOOD RESURFACING MILLER/EDISON PROJECT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-195 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH DINATALE CONSTRUCTION, INC. FOR THE 2008 NEIGHBORHOOD RESURFACING MILLER/EDISON PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with DiNatale Construction, Inc. for the 2008 Neighborhood Resurfacing-Miller/Edison Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII AUGUST 27, 2008 609 RESOLUTION 08-196 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MARC KRESMERY CONSTRUCTION, L.L.C. FOR THE RIVERSIDE RESERVOIR PIPING REVISIONS PROJECT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-196 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MARC KRESMERY CONSTRUCTION, L.L.C. FOR THE RIVERSIDE RESERVOIR PIPING REVISIONS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Marc Kresmery Construction, L.L.C. for the Riverside Reservoir Piping Revisions Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-197 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HNTB CORPORATION FOR BRIDGE INSPECTION PROGRAM Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. AUGUST 27, 2008 VOLUME LXXIII 610 Resolution No. 08-197 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HNTB CORPORATION FOR BRIDGE INSPECTION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with HNTB Corporation for the bridge inspection program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-198 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ESI CONSULTANTS, LTD. FOR THE WESTFIELD BUSINESS PARK WATER MAIN PROJECT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-198 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ESI CONSULTANTS, LTD. FOR THE WESTFIELD BUSINESS PARK WATER MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with ESI Consultants, Ltd. for the Westfield Business Park water main project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII AUGUST 27, 2008 611 Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-199 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR THE LIME RESIDUE DISPOSAL MAIN PROJECT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-199 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. (Lime Residue Disposal Main Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Third Amendment Agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for the Lime Residue Disposal Main Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 27, 2008 VOLUME LXXIII 612 RESOLUTION 08-200 ADOPTED AUTHORIZING EXECUTION OF A SUB- RECIPIENT AGREEMENT WITH THE LARKIN CENTER, INC. Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-200 RESOLUTION AUTHORIZING EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH THE LARKIN CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Sub-recipient Agreement on behalf of the City of Elgin with the Larkin Center, Inc. for renovation of its facility at 1212 Larkin Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-201 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ASIAN COMMUNITY NETWORK Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-201 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ASIAN COMMUNITY NETWORK VOLUME LXXIII AUGUST 27, 2008 613 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin with the Asian Community Network for the first annual Elgin Asian Fest to be held August 30, 2008, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-202 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH ARTSPACE PROJECTS, INC. FOR PHASE I FEASIBILITY STUDY AND PHASE II PRECONSTRUCTION SERVICES Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-202 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH ARTSPACE PROJECTS, INC. FOR PHASE I FEASIBILITY STUDY AND PHASE II PRECONSTRUCTION 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 that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a development agreement on behalf of the City of Elgin with Artspace Projects, Inc. for Phase I Feasibility Study and Phase II Preconstruction Services, a copy of which is attached hereto and made a part hereof by reference. AUGUST 27, 2008 VOLUME LXXIII 614 s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-203 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS, INC. FOR PURCHASE OF A SODA ASH TANK Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-203 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS, INC. FOR SODA ASH BIN REPLACEMENT FOR THE RIVERSIDE WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Smith Ecological Systems, Inc. for Soda Ash Bin Replacement for the Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII AUGUST 27, 2008 615 RESOLUTION 08-204 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH KELSO-BURNETT COMPANY FOR RELOCATION OF FIBER OPTIC CABLE IN THE CLIFFORD OWASCO PARK Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-204 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KELSO-BURNETT COMPANY FOR RELOCATION OF FIBER OPTIC CABLE IN THE CLIFFORD OWASCO PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Kelso- Burnett Company for Relocation of Fiber Optic Cable in the Clifford Owasco Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-205 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. AUGUST 27, 2008 VOLUME LXXIII 616 Resolution No. 08-205 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G59-08 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Ordinance No. G59-08 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNIC IPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXIII AUGUST 27, 2008 617 Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to add the following new subsection to read as follows: Class V: For the retail sale by wine-makers on the specified premises, wine primarily for consumption on the premises as well as other incidental retail sales and wholesale sale of wine made on the premises and in original packages for consumption off the premises; provided, however, that such licenses shall be issued only to wine-makers in any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city’s retail food stores and food service establishments sanitation code, 77 Illinois Administrative Code 750, and with dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. A Class V license shall authorize the removal of one unsealed and partially consumed bottle of wine for off-premises consumption providing the patron removing the partially consumed bottle of wine has purchased a meal and consumed a portion of wine with the meal on the licensed premises. Every such bottle shall be opened by the licensee’s agent or employee. The partially consumed bottle of wine may be removed from the licensed premises only upon being securely sealed in a transparent, one-time use, tamper-proof bag by the licensee or licensee’s agent prior to removal from the licensed premises. The licensee or licensee’s agent shall provide a dated receipt of the bottle of wine being removed from the licensed premises by the patron. It shall be unlawful for the licensee or the licensee’s agent to permit any patron to leave the premises with any open liquor, including a bottle of wine not sealed in compliance with this section. A menu, including appetizers, small-portioned entrees and side dishes, shall be available at all times liquor sales are being conducted until eight o'clock (8:00) P.M. Sunday through Thursday, and ten o'clock (10:00) P.M. Friday and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. The license fee per year is five hundred dollars ($500.00). Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.050, entitled “Licenses; Number to be Issued,” to add the following new subsection to read as follows: The number of Class V licenses shall not exceed one (1) in number. Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.055, entitled “Exterior Sales Permit,” to read as follows: AUGUST 27, 2008 VOLUME LXXIII 618 There is established an exterior sales permit to allow the retail sale of alcoholic liquor for consumption on or within any beer garden, patio area or other similar outside or unroofed or unenclosed areas (hereinafter referred to as "exterior sales areas") adjoining and utilized in conjunction with a principal establishment for which there is a then currently issued and valid class A, AA, A-1, C, D, E, E-1, E-2, E-3, F, F-1, K, O, U or V license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed in any exterior sales area without first obtaining a permit as provided herein. A. No exterior sales permit shall be issued to any licensee whose establishment is located one hundred feet (100') or closer to any residential zone as measured from the boundary line of such residential zone to the exterior sales area, provided, however, that such distance limitation shall not apply to any licensee located within the CC1 Center City zoning district. Provided further, the foregoing limitation on the issuance of exterior sales permits shall not apply to otherwise qualified establishments located one hundred feet (100') or closer to a residential zone, for which an exterior sales area had been established prior to March 10, 1986. Such otherwise qualified establishments shall be permitted to apply for, obtain and renew an exterior sales permit and to continue sales in the previously established exterior sales area until such sales area is abandoned, discontinued or the exterior sales area is relocated or until the exterior sales permit expires and is not renewed, whichever occurs first. B. Qualified applicants for exterior sales permits shall pay an annual fee of five hundred dollars ($500.00). Provided no fee shall be required for permits issued for exterior sales areas which are engaged in the regular service of food with alcoholic liquor and which have a total seating capacity of not more than twenty (20) or for sales in conjunctio n with a valid class L license. C. Exterior sales permit issued to any licensee for an establishment located within the CC1 center city zoning district and east of the Fox River may include an exterior sales area on an adjacent public sidewalk on propert y in the front of such an establishment notwithstanding the prohibitions regarding the possession and consumption of alcoholic liquors on public property as provided by subsection 6.06.150B of this chapter and section 13.25.080 of this code or other provisions of this code, further provided however, that any such exterior sales area to be located on any adjacent public sidewalk on property must include the regular service of food with any alcoholic liquor, must not unreasonably obstruct the sidewalk, and must limit hours of operations to no later than twelve o'clock (12:00) midnight. Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending the introductory paragra ph of Section 6.06.059, entitled “Off-Site Special Event Permit,” to read as follows: There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as VOLUME LXXIII AUGUST 27, 2008 619 private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid class A, AA, A-1, D, E, E-1, E- 2, F, F-1, K, N, O, P, R, R-1, S, U or V license. Except as otherwise expressed authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is twenty five dollars ($25.00). Any special event permit shall also be subject to the following: Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending subparagraph A of Section 6.06.115, entitled “Basset Training Requirements,” to read as follows: For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, F, F-1, G, J, K, N, N-1, O, P, R, R-1, S, T, U and V license shall be accompanied with proof of completion of a State certified “Beverage Alcohol Sellers and Service Education and Training Program” (BASSET) for all persons who serve or sell alcoholic beverages pursuant to that license. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Passed: August 27, 2008 Vote: Yeas: 6 Nays: 0 Recorded: August 28, 2008 Published: August 29, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G60-08 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” BY ADDING A NEW CHAPTER 19.14 THERETO ENTITLED “ARCHITECTURAL DESIGN REVIEW” Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. AUGUST 27, 2008 VOLUME LXXIII 620 Ordinance No. G60-08 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, “ZONING” BY ADDING A NEW CHAPTER 19.14 THERETO ENTITLED "ARCHITECTURAL DESIGN REVIEW" WHEREAS, the City Council of the City of Elgin finds that excessive similarity, dissimilarity or inappropriateness in exterior design in appearance of buildings, awnings, signs, fences and other structures in relation to the prevailing appearance of property in the vicinity thereof adversely effects the desirability of immediate and neighboring areas, is aesthetically harmful and it impairs the benefits of occupancy of existing properties in such areas, prevents the most appropriate use of real estate and the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the public health, safety, comfort, morals and well-being of citizens, and deprives the city of potential tax revenue which it could otherwise receive; and WHEREAS, the purposes of the architectural review process and the design regulations as set forth in this ordinance are to protect, preserve and enhance the natural and architectural environment of the city, to protect and enhance property values, and to promote the health, safety and welfare of the city and its residents; and WHEREAS, 65 ILCS 5/11-13.1 authorizes municipalities to establish local standards solely for the review of the exterior designs of buildings and structures; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, architectural review and design standards regarding the exterior design of buildings and structures which protect, preserve, enhance the character and architectural heritage and quality of the city, protect, preserve, and enhance property values and promote the health, safety and welfare of the city and its residents are matters pertaining 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 Title 19 entitled “Zoning,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new chapter 19.14 thereto entitled "Architectural Design and Review" to read as follows: VOLUME LXXIII AUGUST 27, 2008 621 CHAPTER 19.14: ARCHITECTURAL REVIEW AND DESIGN 19.14.100: Purpose and Intent: The purpose and intent of the provisions of this Chapter is to protect, preserve, enhance the character and architectural heritage and quality of the city, to p rotect, preserve, enhance property values, and to promote the health, safety, and welfare of the city and its residents. It is the goal of these regulations that each new building added to the city should compliment and improve upon the architectural heritage of the city. 19.14.200: Supplementary Regulations: Any word or phrase contained within this chapter followed by the symbol "[SR]" shall be subject to the definitions and the additional interpreter of requirements provided in Chapter 19.90 of this Title. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. 19.14.300: Architectural Review Required: Architectural review shall be required in connection with the construction of any new building, structure, exterior and outdoor lighting system, or sign, or the alteration, enlargement, remodeling of the exterior or any existing building, structure, exterior and outdoor lighting system, or sign within the city requiring a building permit or other permit from the city. The architectural review required by this section and in this chapter shall be limited to exterior features only. The requirement for architectural review as provided in this Chapter may be waived by the City Council as provided in Section 19.14.500B below. The requirement of architectural review as provided in this Chapter shall also not apply to a property located within a designated historic district or for any property which is a designated landmark pursuant to Title 20 of the Code, with architectural review for such properties to be provided pursuant to Title 20 of this Code, as amended. 19.14.400: Parties Entitled to Seek Architectural Review: Applications for architectural review may be filed by the owner of, or any person having a contractual interest in, the subject property. 19.14.500: Procedure: A. Application. Applications for an architectural review permit shall be filed with Development Administrator and shall include the following documents and information. 1. Application shall be made on forms provided by the Community Development Division. AUGUST 27, 2008 VOLUME LXXIII 622 2. The owner's name and address and the owner's signed consent to the filing of the application. Full disclosure of the ownership of all legal and equitable interests in the subject property is required. For an application filed by a corporation or partnership, such information shall also include the names, addresses and telephone numbers of all officers. For applications where the subject property is held in a trust, such information shall also include the names, addresses, telephone numbers and the beneficial interest of each beneficiary. 3. The applicant's name and address, if different from the owner, and his or her interest in the subject property. If the applicant is not the owner of record, a copy of the contract documentation, or an explanation of the proprietary interest in the subject property of the applicant shall also be included. 4. The names and addresses of all professional consultants, if any, advising the applicant with respect to the application. 5. The address and legal description of the subject property. 6. Descriptions or graphic representations of the proposal for which approval is being sought and of the existing zoning classification, use, and development of the subject property and the adjacent area for at least 250 feet in all directions from the subject property. The scope and detail of such description shall be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application. 7. Present uses and zoning classifications of the subject property. 8. Detailed plans depicting all work proposed to be done, including detailed renderings of any exterior alterations and of the exterior of any proposed new building. Such renderings shall include without limitation proposed exterior colors, textures, and materials. Applications for any (a) proposed new residential or commercial structure; (b) addition in excess of 120 square feet; and (c) accessory structure in excess of 120 square feet shall also include scaled, color elevations of the proposed structure. Additionally, any application for a new residential structure shall also provide color perspectives of the proposed residential structure depicting the structure's relationship to neighboring structures and to the overall site. 9. A statement of how the work proposed to be done advances the purpose and goals set forth in Section 19.14.100 of this Chapter, and how such work achieves or preserves the standards and considerations of Sections 19.14.600 and 19.14.700 of this Chapter. VOLUME LXXIII AUGUST 27, 2008 623 10. A statement of what disadvantage, if any, the applicant will suffer if the work proposed to be done is not allowed. 11. In any case where a conditional use or a variation has been issued in connection with the proposed work, a copy of such conditional use or variation. 12. Applicants may be required to submit samples or manufacturer’s specifications of exterior materials proposed to be used upon the request of the Development Administrator, the Zoning and Subdivision Hearing Board or the City Council. The Development Administrator upon the request of an applicant may waive the requirement of the submittal of certain of the foregoing documents and information for proposed work which is limited in scope and complexity. B. Other approvals Required Prior to Architectural Review. In any case where the proposed work requires the planned development approval, conditional use approval, variation approval, sign permit approval, or other zoning approval, no architectural review permit shall be granted unless and until such planned development approval, conditional use approval, variation approval, sign permit approval, or other zoning approval has been issued. The issuance of any planned development approval, conditional use approval, variation approval, sign permit approval, or other zoning approval shall not be deemed to establish any right to the issuance of an architectural review permit; provided, however, that the City Council, upon the affirmative vote of the majority of the members then holding office, may waive the requirement of an architectural review permit in connection with the approval of any planned development or conditional use, upon the finding that the standards and consideration for architectural review have been fully addressed as part of its deliberations. C. Review and Time Limits. The Development Administrator shall promptly process the application for architectural review upon the receipt of a completed permit application upon payment of the permit fee by the applicant. The Development Administrator shall notify the applicant within ten (10) days from the receipt of the application and the permit fee of any deficiencies in the application. The Development Administrator shall grant or deny the permit application within twenty (20) days from the date the complete application permit fee was filed with the Development Administrator. If the Development Administrator fails to grant or deny the permit application within the prescribed time period, the permit application shall be deemed denied. D. Approval or Denial. The Development Administrator, or his designee, shall approve an application for an architectural review permit if the proposed work complies with the building, electrical or other adopted codes with the city and with: 1. The standards and considerations for architectural review contained in this Chapter; and AUGUST 27, 2008 VOLUME LXXIII 624 2. The design requirements for non-residential development contained in this Chapter. If the Development Administrator does not approve an application for an architectural review permit, or if the Development Administrator places conditions on the approval of an application for an architectural review permit, the Development Administrator shall state the reasons for the denial in writing, or shall state the conditions for approval in writing, and shall mail a certified copy of the reasons for denial, or the conditions for approval, to the address that the applicant stated on the application. E. Appeals. An applicant for an architectural review permit may appeal from any decision of the Development Administrator disapproving an application or approving an application subject to conditions that are unacceptable for the applicant pursuant to the provisions of Chapter 19.75 of this Title. In any such appeal the applicant shall include a statement of the applicant's position as to the alleged errors in the Development Administrator's decision on the application and as to why approval of the application as filed is justified and proper. F. Hearing on Appeal. Notwithstanding any contrary provisions in Chapter 19.75 of this Title, the Zoning and Subdivision Hearing Board, or the City Council, as the case may be, shall permit the applicant to speak in support of the application, and to present any additional evidence relating thereto. The Zoning and Subdivision Hearing Board, or the City Council, may also consider testimony from the Development Administrator or any other interested person. At the conclusion of the hearing, the Zoning and Subdivision Hearing Board, or the City Council, shall consider the work record on appeal, the testimony presented on appeal, and any other evidence and determine whether the prior decision is consistent with the architectural review standards and other provisions of this Chapter. The Zoning and Subdivision Hearing Board, or the City Council, shall then vote on whether to affirm, reverse, or modify the prior decision. Failure of the Zoning and Subdivision Hearing Board or the City Council to act within the time period set forth in Chapter 19.75 hereof shall be deemed to be a decision denying the application or affirming the conditions of approval thereof which were unacceptable to the applicant. 19.14.600: Standards and Consideration for Architectural Review: In passing upon application for architectural review permits, the Development Administrator, the Zoning and Subdivision Hearing Board, and the City Council shall consider and evaluate the propriety of issuing said permit in terms of its effect on the stated purpose and goals of architectural review and design. To that end, the Development Administrator, the Zoning and subdivision Hearing Board and the City Council shall consider the appearance of a proposed construction, alteration, enlargement, or remodeling project in terms of the quality of its design and the relationship to its surroundings. A proposed project should harmonize with and support the city's character, with special consideration accorded the preservation and enhancement of landmarks and the preservation and enhancement of natural features, including without limitation existing trees and landscaping. Furthermore, a project should be consistent with all of the ordinances and regulations of the city, including without limitation the City of Elgin Zoning Ordinance, Comprehensive Plan and Historic Preservation Ordinance. In addition, VOLUME LXXIII AUGUST 27, 2008 625 the Development Administrator, the Zoning and Subdivision Hearing Board and the City Council shall consider, among other factors, the following particulars: A. Landmarks. 1. The quality of landmarks should be preserved by avoiding excessively similar or dissimilar nearby buildings that detract from a landmark's uniqueness. 2. Landmarks should not be dwarfed or obstructed from view by nearby buildings. B. Site Plan. 1. The site should be planned to meet, if not exceed, setbacks and to establish, protect, and enhance buffer yards between properties and to minimize disturbance to the natural landscaping on the site. Further, the project should be designed to preserve and enhance natural features on the site, including without limitation existing trees, wooded areas, buffer yards, and landscaping. 2. Front and side yard setbacks should respect the setbacks found along the block on which the building is sited. 3. Access to the site and circulation thereon should be safe and convenient for pedestrians, cyclists, and vehicles. 4. The location, relationship and orientation of the primary and accessory buildings and access driveways should be consistent with the established pattern on the block and in the surrounding area. 5. Driveways should be located to maintain adequate space between cuts in the streetscape. 6. Driveway and parking areas should be screened to reduce visual intrusions into surrounding properties. 7. Screening or fencing should be consistent in design and materials with the principal buildings on the subject and adjacent properties. 8. Monotony should be avoided. 9. Exterior lighting should be designed at a minimum to comply with the lighting restrictions contained in this Title. C. Elevations. AUGUST 27, 2008 VOLUME LXXIII 626 1. The scale and height of the project should be visually compatible with the landscaping and topography of the site and with buildings on the site and in the surrounding area. 2. The relationship of solids to voids in the front façade of a project should be visually compatible with buildings, public ways and places to which it is visually related. 3. The visual continuity of roofs and their contributing elements (such as parapet walls, coping, and cornices) shall be maintained in building development or redevelopment. 4. Monotony should be avoided. 5. Garage doors should be located or oriented, whenever possible, so that the doors are not facing the front yard of the site. D. Landscaping. 1. Landscaping plans should be consistent with the natural environment of the site, adjacent properties, and the surrounding area; provided that, when a site is open, suitable landscaping consistent with the wooded natures of the city should be provided. 2. Existing natural features should be appropriately preserved and integrated into the project. Under appropriate circumstances, a conservation strip consisting of landscaping and natural growth but excluding lawns and any impervious surface between adjacent properties would promote this objective. 3. The project should be designed to meet, if not exceed, the buffer yard requirements of this Title to maximum screening and buffering in order to protect neighboring properties from the project. E. Type, Color and Texture of Materials. 1. Materials should be new. If salvaged materials are proposed to be utilized, such salvaged materials should be in excellent condition and of first-rate quality. 2. Materials should be selected for both their durability and beauty. 3. Exterior materials should be consistent with those in the area, or those originally intended for use in the area. This section is not intended and VOLUME LXXIII AUGUST 27, 2008 627 shall not be construed to prohibit the use of substitute materials for doors, windows and trim (e.g. replacement aluminum or vinyl windows). 4. A project that is obviously incongruous with its surroundings or unsightly and grotesque should be avoided. 5. A project whose design or color may be distracting to vehicular traffic so as to cause a safety hazard should be avoided F. Vicinity Map. 1. Except in the CC1 Center City Zoning District, the building layout should maximize the distance between buildings on the site and buildings on adjacent properties. 2. The building layout should maintain appropriate distances between buildings on the site itself. 3. The size, scale, and nature of a building or project should not be inconsistent with the planned city character for the area as expressed in the comprehensive plan. Nor shall such building or project cause a substantial depreciation in the property values of adjacent building, the neighborhood, or the city. 4. The project should not unduly detract from the natural environment of the site, adjacent properties, or the surrounding area. These criteria are not intended to restrict imagination, innovations, or variety, but rather to seek to preserve and enhance the city's unique character. 19.14.700: Additional Architectural and Exterior Building Material Requirements for Commercial, Industrial or Institutional Development: In addition to the standards and consideration for architectural review as set forth in Section 19.14.600, all commercial, industrial or institutional development involving the construction of any new building, structure, exterior and outdoor lighting system, or sign, or the alteration, enlargement, or remodeling of the exterior of any existing building, structure, exterior and outdoor lighting system, or sign but excluding any property located within a designated historic district or any property which is a designated landmark pursuant to Title 20 of this Code, shall also comply with the following additional architectural and exterior building material requirements. For the purposes of this section commercial uses shall be the land uses in the land use divisions of the Offices Division; Finance, Insurance and Real Estate Division; Services Division, except as provided in the listing of institutional uses below; Retail Trade Division; Agricultural Division; or those land uses within the Miscellaneous Uses Division similar to such AUGUST 27, 2008 VOLUME LXXIII 628 uses. For the purposes of this section industrial uses shall be the land uses within the land use divisions of the Mining Division; Construction Division; Manufacturing Division; Wholesale Trade Division; Transportation, Communication, and Utilities Division; or those land uses within the Miscellaneous Uses Division similar to such uses. For the purposes of this section institutional uses shall include the land uses in the land use divisions of Municipal Services Division; Public Administration Division; Hospitals; Education Services; Other Services; and those land uses within the Miscellaneous Uses Division similar to such uses. A. Commercial Building Elevations shall include the following minimum architectural standards: 1. All building facades shall contain architectural features such as columns, pilasters, stone water courses, offsets, cornices, capstones, parapets or alternating brick design. 2. The primary façade of retail buildings shall be designed as retail storefronts including but not limited to features such as storefront windows, bulkheads and transom windows. On side elevations that are readily visible from a public right-of-way, storefront windows shall be extended to the side elevations or parts thereof. 3. All sides of the building shall be properly landscaped with foundation plantings, landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should comprise of plant material that is designed to provide a continuous visual screen at maturity. 4. Windows and entry ways shall be emphasized by utilizing awnings or other dominant architectural features. These features should be further highlighted through the use of masonry windowsills and lintels and alternate brick design such as soldier courses. 5. All refuse enclosures shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material. 6. Outdoor eating and drinking spaces shall be enclosed by a minimum of a three (3) foot wrought iron or aluminum open fencing or landscape screening. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is encouraged. B. Industrial Building Elevations shall include the following minimum architectural standards: VOLUME LXXIII AUGUST 27, 2008 629 1. All building facades shall contain architectural features well composed and articulated to avoid the creation large blank walls on an entire façade. 2. Building entrances shall be emphasized with accent elements, such as columns, and bays, porticos or awnings supplemented with lighting features. 3. Service areas such as refuse containers, outdoor storage, electrical transformers, chilling units, and loading docks should be screened from view of public rights-of-way through the use of screening fences or walls. All screening shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material. 4. All sides of the building shall be properly landscaped with landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should comprise of landscape berms or plant material that is designed to provide a continuous visual screen at maturity. C. Institutional Building Elevations shall include the following minimum architectural standards: 1. The facades of institutional buildings shall be designed to increase their prominence within the community to be considered visual landmarks, but should be complementary to the surrounding architecture through the use of architectural features and building materials. 2. All building facades shall contain architectural features well composed and articulated to avoid the creation large blank walls on an entire façade. 3. Structures shall meet the ground with a prominent base constructed in masonry, with the main floor several feet above grade. 4. Building entrances shall be emphasized by bein g centrally located with porticos or awnings. 5. All refuse enclosures shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material. 6. All sides of the building shall be properly landscaped with landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should AUGUST 27, 2008 VOLUME LXXIII 630 comprise of landscape berms or plant material that is designed to provide a continuous visual screen at maturity. D. Exterior Building Materials for All Commercial Buildings (excluding roof materials, windows and signs) shall be limited to masonry materials of brick, natural stone or split-face concrete masonry units on all exterior elevations. Other building materials may be used in exterior design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins and other ornamentation which comprise not more than twenty-five percent (25%) of an exterior elevation. Artificial building materials such as Exterior Insulation and Finish Systems (EIFS, commonly referred to by its brand name "Dryvit") and Architectural Metal utilized for such design features shall not be used in high traffic, or high abuse areas, so as to protect such materials from wear and tear and vandalism. E. Exterior Building Materials for All Industrial or Institutional Buildings (excluding roof materials, windows and signs) shall be limited to the following: 1. High quality traditional building materials such as brick, natural stone, natural stucco/plaster, terra cotta, tile and glass. 2. Composite building materials such as cultured stone, cast stone, precast concrete panel systems designed to look like brick or stone, or imprinted with architectural features such as lintels, windowsills and cornices, and cement board siding and shingle. 3. Artificial building materials such as Exterior Insulation and finish Systems (EIFS, commonly referred to by its brand name “Dryvit”)and Architectural Metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins and other ornamentation which comprise not more than twenty-five percent (25%) of an exterior elevation. Such materials shall not be used in high traffic, or high abuse areas, so as to protect such materials from wear and tear and vandalism. 19.14.800: Manuals and Guidelines: The Development Administrator may from time to time provide for specific manuals or guidelines for architecture styles or common occurring buildings or site features and elements to assist applicants for architectural review permits. Such manuals or guidelines shall be advisory only and shall bind not to the applicant nor the Development Administrator, the Zoning and Subdivision Hearing Board or the City Council with respect to any specific case. 19.14.900: Affidavit of Compliance with Conditions: Whenever an architectural review permit issued pursuant to this Chapter is made subject to conditions to be met by the applicant, the applicant upon meeting such conditions, shall file an affidavit with the Development Administrator stating such compliance. VOLUME LXXIII AUGUST 27, 2008 631 19.14.910: Limitations on Permits: An architectural review permit shall become null and void one (1) year after the date on which it was issued unless within such period the work authorized by such permit is commenced. An architectural review permit shall relate solely to the work shown on plans approved by the issuance of such permit and it shall be unlawful for any person to deviate from such plans without obtaining an amended permit in the same manner as herein provided for obtainin g original permits." Section 2. That Section 19.15.500 entitled "ARC Arterial Road Corridor Overlay District" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by repealing Section 19.15.525 thereof entitled "Site Design and Building Elevations". Sections 19.15.530 through 19.15.570 are hereby renumbered as Sections 19.15.525 through 19.15.565. Section 3. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or inv alid, 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 cir cumstances 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 provisions, clause, sentence, paragraph, section or part thereof not been included. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Passed: August 27, 2008 Vote: Yeas: 6 Nays: 0 Recorded: August 28, 2008 Published: August 29, 2008 Attest: s/ Diane Robertson AUGUST 27, 2008 VOLUME LXXIII 632 Diane Robertson, City Clerk ORDINANCE G61-08 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC” Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Ordinance No. G61-08 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended, entitled "Stop Intersections" be and is hereby further amended by adding the following: “Columbine Drive - either direction - to stop for Fox Glove Court Columbine Drive - either direction - to stop for Sweet Clover Court Columbine Drive - either direction - to stop for Mountain Laurel Court Fox Glove Court - westbound - to stop for Columbine Drive Sweet Clover Court - either direction - to stop for Columbine Drive Mountain Laurel Court - westbound - to stop for Columbine Drive.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Passed: August 27, 2008 Vote: Yeas: 6 Nays: 0 Recorded: August 28, 2008 Published: August 29, 2008 Attest: VOLUME LXXIII AUGUST 27, 2008 633 s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. Cultural Arts Commission Meeting Minutes for July 14, 2008 Heritage Commission Meeting Minutes for January 15, 2008, February 5, 2008, March 4, 2008 Heritage Commission Design Review Subcommittee Meeting Minutes for July 22, 2008 Elgin Retiree Health Insurance Trust Fund Board Meeting Minutes for May 12, 2008 Planning and Development Commission Meeting Minutes for July 7, 2008 Zoning and Subdivision Hearing Board Meeting Minutes for June 4, 2008 Committee of the Whole Minutes for July 23, 2008 City Council Minutes for July 23, 2008 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:23 p.m. s/ Diane Robertson September 10, 2008 Diane Robertson, City Clerk Date Approved