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HomeMy WebLinkAboutn - July 28, 2010 CC375 VOLUME LXXV JULY 28, 2010 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 July 28, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember Mike Warren. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE JULY 14, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve the July 14, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS 4th of July Parade Committee Jeff Allison, chairman of the Parade Committee, reported that the recent parade included 110 entries, 25 floats, approximately 2,600 participants, 150 vehicles, and 20 horses. It was estimated that 10,000 people were in attendance. Awards for various categories were announced and Mr. Allison noted that a survey rated the parade a 4.4 out of a possible 5. He said the wrap up committee has recommended that next year’s parade be held on July 4 since that will be a Monday. He then recognized all of the volunteers who worked at the parade. Mayor Schock thanked everyone for their hard work. RECOGNIZE PERSONS PRESENT Phyllis Radde, a resident on Forest Drive, reported she was having problems with a ditch in front of her home. She said she had discussed this with city staff, but to date she has not heard back from anyone. City Manager Stegall said someone would contact her the next day. JULY 28, 2010 VOLUME LXXV 376 PETITION 14-10 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NUMBER G75-06, AND GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A DRIVING SCHOOL; PROPERTY LOCATED AT 1350 EAST CHICAGO STREET; BY LEO LENAGHAN, AS APPLICANT, AND DEARBORN CONSTRUCTION AND DEVELOPMENT, LTD., AS OWNER Sarosh Saher, Senior Planner, reviewed the petition and reported that the Planning and Development Commission had recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve Petition 14-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 15-10 APPROVED REQUESTING AN AMENDMENT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G29-08, TO AMEND SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER, PROPERTY LOCATED AT 2215 THROUGH 2250 POINT BOULEVARD; BY RP 2 LIMITED PARTNERSHIP AS APPLICANTS AND OWNERS Sarosh Saher, Senior Planner, reviewed the petition and reported that the Planning and Development Commission had recommended approval subject to conditions. Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve Petition 15-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 16-10 APPROVED REQUESTING AN AMENDMENT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G28-08, TO AMEND SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER, PROPERTY LOCATED AT 2000 GALVIN DRIVE; BY RANDALL POINT WEST LLC AS APPLICANTS AND OWNERS Sarosh Saher, Senior Planner, reviewed the petition and reported that the Planning and Development Commission had recommended approval subject to conditions. Councilmember Warren made a motion, seconded by Councilmember Kaptain, to approve Petition 16-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXV JULY 28, 2010 377 RESOLUTION 10-157 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH BTE VIDEO, INC. FOR TV PRODUCTION PROGRAMMING AND VIDEO SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Prigge abstained due to a conflict of interest. Resolution No. 10-157 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH BTE VIDEO, INC. FOR TV PRODUCTION PROGRAMMING AND VIDEO 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 Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with BTE Video, Inc. for TV production programming and video services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Adopted: July 28, 2010 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G33-10 through G36-10 and adopt Resolution Nos. 10-150 through 10-156 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. JULY 28, 2010 VOLUME LXXV 378 RESOLUTION 10-150 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. (2010 NEIGHBORHOOD STREET RESURFACING AND 2010 SIDEWALK REPLACEMENT PROGRAM) Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-150 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. (2010 Neighborhood Street Resurfacing and 2010 Sidewalk Replacement Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc. for the 2010 Neighborhood Street Resurfacing and 2010 Sidewalk Replacement Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Adopted: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-151 ADOPTED AUTHORIZING EXECUTION OF A GRANT APPLICATION FROM THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES- OPEN SPACE LAND ACQUISITION AND DEVELOPMENT (OSLAD) FOR DEVELOPMENT OF PHASE I OF THE REGIONAL PARK ON PLANK ROAD Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXV JULY 28, 2010 379 Resolution No. 10-151 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION FROM THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES-OPEN SPACE LAND ACQUISITION AND DEVELOPMENT (OSLAD) FOR DEVELOPMENT OF PHASE I OF THE REGIONAL PARK ON PLANK ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a grant application on behalf of the City of Elgin from the Illinois Department of Natural Resources-Open Space Land Acquisition and Development (OSLAD) for development of Phase I of the Regional Park on Plank Road. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Adopted: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-152 ADOPTED AUTHORIZING AND APPROVING AMENDMENT TO THE CITY OF ELGIN NEIGHBORHOOD STABILIZATION PROGRAM (NSP) Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-152 RESOLUTION AUTHORIZING AND APPROVING AMENDMENT TO THE CITY OF ELGIN NEIGHBORHOOD STABILIZATION PROGRAM (NSP) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the amendment to the City of Elgin Neighborhood Stabilization Program (NSP) as set forth in the "Elgin, Illinois Substantial Amendment to the City of Elgin's Neighborhood Stabilization Program JULY 28, 2010 VOLUME LXXV 380 (NSP) June, 2010", is hereby approved, a copy of such amendment being attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Adopted: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-153 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH DIPAOLO COMPANY FOR THE HIGHLAND AVENUE COMBINED SEWER SEPARATION PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-153 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH DIPAOLO COMPANY FOR THE HIGHLAND AVENUE COMBINED SEWER SEPARATION PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with DiPaolo Company for the Highland Avenue Combined Sewer Separation 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 Sean R. Stegall, 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 VOLUME LXXV JULY 28, 2010 381 Presented: July 28, 2010 Adopted: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-154 ADOPTED AUTHORIZING THE MAYOR AND CHIEF FINANCIAL OFFICER TO EXECUTE CERTAIN DOCUMENTS ON BEHALF OF THE CITY OF ELGIN FOR BANKING SERVICES Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-154 ON FILE IN THE CITY CLERK’S OFFICE. RESOLUTION 10-155 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (315 JEWETT STREET-NSP PROPERTY) Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-155 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (315 Jewett Street-NSP Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Real Estate Sales Contract on behalf of the City of Elgin by Sean R. Stegall, City Manager, with Fannie Mae for the purchase of property commonly known as 315 Jewett Street, Elgin, for $95,040, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JULY 28, 2010 VOLUME LXXV 382 Presented: July 28, 2010 Adopted: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-156 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-156 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Danise Habun be and is hereby reappointed as a member of the Human Relations Commission, for a term to expire May 1, 2013. BE IT FURTHER RESOLVED that Brian Johnson be and is hereby appointed as a member of the Parks & Recreation Board, for a term that expires May 1, 2013. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Adopted: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV JULY 28, 2010 383 ORDINANCE G33-10 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G33-10 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN 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: “Preston Avenue Southbound at Linden Avenue" Section 2. That Section 11.60.050 of the Elgin Municipal Code, 1976, as amended, entitled “Standing, Stopping and Parking Prohibited Where” be and is hereby further amended by removing from the list of streets where parking is prohibited under Section 11.60.050 the following: "Center Street-West Side-River Bluff Road to Cooper Avenue from 9:00 a.m.to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays" Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor JULY 28, 2010 VOLUME LXXV 384 Presented: July 28, 2010 Passed: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 29, 2010 Published: July 30, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G34-10 PASSED AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G34-10 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STREET GRAPHICS” WHEREAS, written application has been made to amend the City Street Graphics Ordinance with respect to electronic message graphics and projecting graphics; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the Community Development Group has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council concurs in the findings and recommendation of the Planning and Development Commission and the Community Development Group; and WHEREAS, the City Council further finds that if left uncontrolled, electronic signs constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration, Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, September 11, 2001 and the Role of Driver Inattention Crashes: New Statistics from 1995; the University of North Carolina Highway Safety Research Center, Distractions in Everyday Driving, May 2003 and the Role of Driver Distraction in Traffic VOLUME LXXV JULY 28, 2010 385 Crashes, May 2001; the Wisconsin Department of Transportation, Synthesis Report of Electronic Billboards and Highway Safety, June 10, 2003; the Municipal Research and Services Center of Washington, Sign Control Provisions, January 2006; the Veridian Group, Video Signs in Seattle, Gerald Wachtel, May 2001; and Dynamic Signage; Research Related to Driver Distraction and Ordinance Recommendations submitted by SRF Consulting Group, Inc., prepared for City of Minooka, June 7, 2007, reveal that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.020 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions” be and is hereby further amended amending the definition of “electronic message graphic” contained therein to read as follows: “ELECTRONIC CHANGEABLE COPY GRAPHIC: A street graphic or portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combination of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the electronic display panel(s). Electronic changeable copy graphics include but are not limited to computer programmable, microprocessor controlled electronic displays. The following terms for such electronic changeable copy graphics shall be defined as follows: Character: A letter, number, punctuation mark or decimal point. Dissolve: Graphics where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message. Electronic Display Panel: A separate portion of an electronic changeable copy graphic in which electronic text can be displayed. Fade: Graphics where static messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. NITS: A luminance unit equal to one candle per square meter measured perpendicular to the rays from the source. Scrolling: Graphics where the message is changed by the apparent vertical movement of the letters or graphic elements of the message. JULY 28, 2010 VOLUME LXXV 386 Static: Graphics having no motion or movement of any type. Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only that do not include any animation, effects simulating animation or video. Travel: Graphics where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message.” Section 2. That Section 19.50.020 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions” be and is hereby further amended by adding to the listing of definitions therein the definition of “Electronic Video Display Graphic” to read as follows: ELECTRONIC VIDEO DISPLAY GRAPHIC: A street graphic or portion thereof that displays electronic images, graphics, videos or pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the electronic display panel(s). Electronic video display graphics include, but are not limited to, computer programmable, microprocessor controlled electronic displays.” Section 3. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled “Special Street Graphics” be and is hereby further amended by adding a new subparagraph I thereto to read as follows: “I. Electronic Changeable Copy Graphic: An electronic changeable copy graphic may be located only in compliance with the provisions of this section and the other provisions of this chapter. 1. Type: All electronic changeable copy graphics shall be part of a monument graphic. With the exception of the electronic display panel(s) electrical changeable copy graphics shall be constructed entirely of masonry. 2. Zoning District Districts and Maximum Number: Electronic changeable copy graphics shall be allowed only in the NB Neighborhood Business District, the AB Area Business District, the CC-2 Center City District and the CI Commercial Industrial District. The maximum number of electronic changeable copy graphics shall be one (1) for each zoning lot. 3. Maximum Size: The maximum size of the total the electronic display panel(s) of an electronic changeable copy graphic shall be no more than twenty- five percent (25%) of the total allowable maximum surface area for the monument graphic in which the electronic display area is to be located, provided that all the other requirements of this chapter are followed. The maximum number of VOLUME LXXV JULY 28, 2010 387 electronic display panel(s) of an electronic changeable copy graphic shall be no more than four (4) separate electronic display panel(s). The maximum size of each electronic display panel of an electronic changeable copy graphic shall be determined by the speed limit of the public right-of-way adjoining the yard within the zoning lot on which the electronic changeable copy graphic is located in accordance with the following requirements: a. Speed limit of thirty (30) miles per hour or less: each electronic display panel shall not exceed 16 inches in height and 48 inches in length. b. Speed limit of thirty (35) miles per hour to fifty (50) miles per hour: each electronic display panel shall not exceed 20 inches in height and 60 inches in length. c. Speed limit of fifty-five (55) miles per hour or greater: each electronic display panel shall not exceed 24 inches in height and 72 inches in length. 4. Location: In the NB Neighborhood Business District and the AB Area Business District no electronic changeable copy graphic shall located within a street yard adjoining a local street, or a collector street, where the property located directly opposite the public right-of-way is located within a residence district. 5. Restrictions: An electronic changeable copy graphic shall be operated in compliance with the following standards: a. Electronic changeable copy graphics shall display static text messages only with no animation, effects simulating animation or video. No continuous travelling, scrolling, flashing, spinning, revolving, or shaking, or any other type of movement or motion of an image shall be allowed. b. The rate of change for any image shall be for a minimum period of two (2) hours, i.e., each image displayed shall be displayed for a minimum period of two (2) hours. c. Any message change sequence shall be accomplished immediately with no transition by changing from one screen to another by means of fade or dissolve mode. d. Maximum brightness levels for electronic changeable copy graphics shall not exceed 5,000 nits when measured from the sign’s face at its maximum brightness, during daylight hours, and 500 nits when measured from the sign’s face at its maximum brightness between dusk and dawn, i.e., the time of day between sunrise and sunset. Electronic changeable copy graphics shall include an ambient light meter and programmable or manual dimming capacity. JULY 28, 2010 VOLUME LXXV 388 e. Each electronic display panel within an electronic changeable copy graphic shall display no more than five (5) characters at any one time. f. Electronic changeable copy graphics shall be limited only to motor vehicle service stations. Information displayed within an electronic changeable copy graphic shall be limited to information required to be displayed by law.” 6. Limited to conforming graphics: An electronic changeable copy graphic may be located only as part of a monument graphic which is in compliance with all applicable requirements of this chapter and other applicable requirements of law. No electronic changeable copy graphic may be located as part of a nonconforming street graphic or nonconforming street graphic structure. Section 4. That Section 19.50.100 of the Elgin Municipal Code, 1976, as amended, entitled “Program for Graphics” be and is hereby further amended by amending subparagraph B thereof to read as follows: “B. Allowable Departures: Allowable departures from the other sections of this chapter which may be granted through a program for graphics may include the number of graphics, the location of graphics, graphic area, illumination and motion, or any other graphic characteristic. Allowable departures from the other sections of this chapter which may be granted through a program for graphics shall not include being granted permission for a graphic prohibited by section 19.50.110 of this chapter, as amended, or permission for a type of graphic not allowed in the zoning district of the property upon which a graphic is proposed to be erected, placed or maintained. Allowable departures shall also not include being granted permission for a departure of any of the requirements for an electronic changeable copy graphic provided for in Section 19.50.090I, as amended, or otherwise provided in this chapter, as amended.” Section 5. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended, entitled “Prohibited” be and is hereby further amended by amending subparagraph Q thereof to read as follows: “Q. Electronic Graphic Display Graphics”. Section 6. That Section 19.50.130 of the Elgin Municipal code, 1976, as amended, entitled “Variances” be and is hereby further amended by amending subparagraph B thereof to read as follows: VOLUME LXXV JULY 28, 2010 389 “B. Authorized Graphic Variations: 1. Surface Area: To permit an increase in the maximum graphic surface area in an amount not to exceed twenty percent (20%) of the allowable maximum. 2. Height: To permit an increase in the maximum height of a freestanding graphic in an amount not to exceed twenty percent (20%) of the allowable maximum. 3. Other Graphic Characteristics: To permit a departure from the requirements regulating other graphic characteristics including location on the zoning lot. Notwithstanding the foregoing, allowable departures from the requirements regulating other graphic characteristics pursuant to a variation shall not include the maximum allowable number of graphics; being granted permission for a graphic prohibited by Section 19.50.110 of this chapter, as amended; being granted permission for a type of graphic not otherwise allowed in the zoning district of the property upon which a graphic is proposed to be erected, placed or maintained; or being granted a departure of any of the requirements for an electronic changeable copy graphic provided for in Section 19.50.090I, as amended, or otherwise provided in this chapter, as amended.” Section 7. That Section 19.50.140 of the Elgin Municipal Code, 1976, as amended, entitled “Non-Conforming Street Graphics” be and is hereby further amended by amending subparagraph G thereof to read as follows: “G. Electronic Changeable Copy Graphics and Electronic Video Display Graphics: In addition to the other regulations regarding nonconforming street graphics provided for in this chapter, nonconforming electronic changeable copy graphics and electronic video display graphics shall comply with the following additional standards: 1. Electronic changeable copy graphics and electronic video display graphics shall display static text messages only with no animation, effects simulating animation or video. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an image shall be allowed. 2. The rate of change for any image shall be for a minimum period of ten seconds, i.e., each image displayed shall be displayed for a minimum period of ten seconds. 3. Any message change sequence shall be accomplished immediately with no transition by changing from one screen to another by means of fade or dissolve mode. JULY 28, 2010 VOLUME LXXV 390 4. Maximum brightness levels for electronic changeable copy graphics and electronic graphic display graphics which have existing programming capabilities in order to comply shall not exceed 5,000 NITS when measured from the signs face at its maximum brightness, during daylight hours, and 500 NITS when measured from the signs face at maximum brightness between dusk and dawn, i.e., the time of day between sunrise and sunset. Section 8. That Section 19.50.050 of the Elgin Municipal Code, 1976, as amended, entitled "Surface Area and Height Calculations" be and is hereby further amended by re-lettering existing subparagraph C thereof entitled "Height of Graphics" to subparagraph D and by adding a new subparagraph C thereto to read as follows: " C. Surface Area of Projecting Graphic: The surface area of a projecting graphic shall be the total exposed surface devoted to the street graphic's message including ornamentation, embellishment, symbols, logos, letters, characters, other figures, and frames. The rigid supports comprising of structural elements used to pin the graphic away from the wall on which it is mounted shall not be considered part of the surface area calculations of the projecting graphic." Section 9. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph E thereof entitled "Projecting Graphic" to read as follows: "E. Projecting Graphic: A projecting graphic shall be permitted only in the CC1 Center City District, CC2 Center City District, NB Neighborhood Business District and AB Area Business zoning districts. An occupant seeking to establish a projecting graphic shall be located at a ground level location in the building in which the occupant is located. An occupant in the CC1 Center City District or the CC2 Center City District may have a projecting graphic or an A-frame graphic, but not both. The building in which the occupant is located and to which the graphic is attached shall be set back no more than ten feet (10') from the sidewalk. The occupant shall have an entrance for the public or patrons or service window that faces and is within ten feet (10') of the sidewalk. 1. Location: Projecting graphics may be located partially or entirely over a sidewalk over a public right of way, and shall provide a minimum nine feet (9') of clearance from the bottom edge of the graphic to the sidewalk or ground surface. 2. Size: No projecting graphic shall be more than twelve (12) square feet in surface area. The surface area of a projecting graphic shall be deducted from the total allowable graphic surface area for wall graphics for each occupant or building on each zoning lot. 3. Illumination: Projecting graphics may be illuminated. VOLUME LXXV JULY 28, 2010 391 4. Number: Not more than one projecting graphic for each individual street frontage shall be permitted for each occupant on a zoning lot. 5. Mounting: Projecting graphics must be pinned away from the wall at least six inches (6") and must project from the wall at an angle of ninety degrees (90°). Projecting graphics shall not project above the roofline or eighteen feet (18'), whichever is lower. A projecting graphic in a public right of way shall not extend vertically above the windowsill of a second story. 6. Materials: Projecting graphics may, in addition to other materials, be constructed utilizing a fabric or flexible membrane supported on no less than two sides by rigid supports used to mount the sign on the face of the building on which it is located." Section 10. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended, entitled "Prohibited" be and is hereby further amended by amending subparagraph E thereof to read as follows: "E. Projecting graphics, except within the CC1 Center City District, CC2 Center City District, NB Neighborhood Business District or AB Area Business District zoning districts." Section 11. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 12. That this ordinance shall be in full force and effect immediately upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Passed: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 29, 2010 Published: July 30, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk JULY 28, 2010 VOLUME LXXV 392 ORDINANCE G35-10 PASSED AMENDING CHAPTER 6.57 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "SERVICE STATIONS" Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G35-10 AN ORDINANCE AMENDING CHAPTER 6.57 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SERVICE STATIONS” WHEREAS, Chapter 6.57 of the Elgin Municipal Code, 1976, as amended, provides for a license requirement and other regulations regarding gasoline service stations; and WHEREAS, 720 ILCS 305/0.01 provides for the Gasoline Price Advertising Act which requires the owners or operators of a service station to accurately advertise gasoline prices; and WHEREAS, the City Council has determined that it is necessary and desirable to adopt similar regulations regarding owners or operators of service stations to accurately advertise gasoline prices. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.57 of the Elgin Municipal Code, 1976, as amended, entitled “Service Stations” be and is hereby further amended by adding a new section 6.57.220 thereto to read as follows: “6.57.220 ADVERTISING OF GASOLINE PRICES: "The owner or operator of a service station shall advertise upon a lawful sign on the exterior premises of such service station the per gallon price of not less than one grade of gasoline offered for sale on the premises of such service station. No person, firm or corporation owning or operating a service station shall advertise or hold out or state to the public the per gallon price of gasoline, upon any sign on the premises of such station, unless such price includes all taxes, and unless the price, as so advertised corresponds with the price appearing on the pump from which such gasoline is dispensed. Also, the identity of the product must be included with the price in any such advertisement, holding out or statement to the public." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LXXV JULY 28, 2010 393 Section 3. That this ordinance shall be in full force and effect immediately upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Passed: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 29, 2010 Published: July 30, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G36-10 PASSED GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PAB PLANNED AREA BUSINESS DISTRICT (2320 NORTH RANDALL ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G36-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PAB PLANNED AREA BUSINESS DISTRICT (2320 North Randall Road) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment in the PAB Planned Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: JULY 28, 2010 VOLUME LXXV 394 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 2, 2010, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of a package liquor sales establishment in the PAB Planned Area Business District at 2320 North Randall Road legally described as follows: PARCEL ONE: LOTS 70 THROUGH 75 IN THE GROVE, BEING A RESUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF SECTION 30, ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004 AS DOCUMENT 2004K125816, EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 73 THAT IS 10.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 88°40'41" WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 73, A DISTANCE OF 25.00 FEET; THENCE NORTH 43°44'16" WEST, 17.74 FEET; THENCE NORTH 01°22'20" WEST, 44.82 FEET TO THE EASTERLY LINE OF LOT 75, AFORESAID; THENCE SOUTH 45°52'38" EAST ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF LOT 74, AFORESAID, 53.18 FEET TO THE MOST EASTERLY NORTHEAST CORNER OF SAID LOT 74; THENCE SOUTH 00°25'58" EAST ALONG THE EAST LINES OF SAID LOT 74 AND LOT 73, A DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: PRIVATE ROAD EASEMENT TO BENEFIT PARCEL ONE AS CREATED BY THE PLAT OF SUBDIVISION DOCUMENT 2004K125816 AND ACCESS EASEMENT RIGHTS TO BENEFIT PARCEL ONE GRANTED UNDER THE DECLARATION RECORDED OCTOBER 11, 2005 AS DOCUMENT 2005K121148 AND AS MODIFIED FROM TIME TO TIME (Property commonly known as 2320 North Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance dated April 27, 2010 submitted by Randall Wine and Spirits, LLC. 2. Substantial Conformance to the following exhibits submitted by Randall Wine and Spirits, LLC. Dated April 27, 2010 and prepared by Corporate Design and Development Group, LLC. VOLUME LXXV JULY 28, 2010 395 a. Lot 2 Site Plan; b. Lot 2 Landscape Plan; c. Lot 2 Lighting Plan; d. Lot 2 Signage Plan; e. Signage Elevations; f. Building Elevations; g. Interior Site Plan; h. ALTA/ACSM Title Survey The Grove Retail Parcel 2; i. Perspective Renderings 3. The package liquor sales establishment shall be limited to tenant space 2320 North Randall Road. 4. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 5. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 2010 Passed: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 29, 2010 Published: July 30, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk JULY 28, 2010 VOLUME LXXV 396 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Emergency Telephone System Board of Elgin – June 17, 2010 Foreign Fire Insurance Tax Board – April 13, 2010 Zoning and Subdivision Hearing Board – June 16, 2010 Telecommunications Tax – July, 2010 Sales Tax – July, 2010 Income Tax – July, 2010 Use Tax – July, 2010 Committee of the Whole Minutes – June 23, 2010 City Council Minutes for – June 23, 2010 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:55 p.m. s/ Diane Robertson August 11, 2010 Diane Robertson, City Clerk Date Approved