HomeMy WebLinkAbouto - August 11, 2010
VOLUME LXXV AUGUST 11, 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 August 11, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The Invocation was given by Ms. Ina Dews and the Pledge
of Allegiance was led by Mayor Edward Schock.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None.
MINUTES
OF THE JULY 28, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve the July 28, 2010, Council Meeting Minutes
as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
RECOGNIZE PERSONS PRESENT
Vince Williams
voiced his concerns about flooding and damage to his property that he contributed to construction on a ditch close to his property. He would like the issues resolved as soon as possible.
Maria
Lopez has a rental unit in the same neighborhood as Mr. Williams and echoed his concerns regarding flooding and damage to property.
City Manager Stegall addressed Mr. Williams and Ms.
Lopez regarding the flooding issues. He stated that Public Works Department and the Legal Department are in the final stages of reviewing the damages that the City may have contributed
and that the City will be in contact with them shortly.
Marcy Wojak expressed her concerns regarding the business license ordinance and regulations. She would like to see an email
notification system regarding City business and events. She also urged frugal spending of grant money.
John Collins expressed his concerns about flooding in his neighborhood. He also addressed comments he felt were inappropriate by Councilmember Prigge and Councilmember Steffen that
were made at a previous meeting that can be heard faintly on the video. Councilmember Prigge replied that he would gladly address Mr. Collins concerns and discuss what was said in further
detail after the Council meeting concluded for the evening.
BID 10-025B AWARDED TO J&B BUILDERS INC. FOR THE REHABILITATION OF 318 SOUTH STREET AS PART OF THE CITY OF ELGIN NEIGHBORHOOD
STABILIZATION PROGRAM
Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to award a contract to J & B Builders Inc. for the rehabilitation of 318 South Street in
the amount of $197,045.53 as part of the City of Elgin Neighborhood Stabilization Program.
Councilmember Kaptain stated that even though he has not agreed with the premise of this
program, he respects the process which allows the residents in the neighborhood to select distressed residences for rehabilitation, and for that reason, he will support this action.
Upon
a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: Councilmember Prigge.
CONSENT AGENDA
By unanimous consent, Councilmember
Gilliam made a motion, seconded by Councilmember Dunne, to pass Ordinance Nos. G37-10 through G41-10 and adopt Resolution Nos. 10-158 through 10-163 by omnibus vote. Upon a roll call
vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
RESOLUTION 10-158 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT
WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN THE BIG TIMBER ROAD RESURFACING PROJECT (MCLEAN BOULEVARD TO STATE STREET)
Councilmember Gilliam made a motion,
seconded by Councilmember Dunne, 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. 10-158
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION
IN THE BIG TIMBER ROAD
RESURFACING PROJECT
(McLean Boulevard to State Street)
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 local agency agreement on behalf of the City of Elgin with the Illinois Department of Transportation for federal participation regarding the Big Timber Road Resurfacing
Project, McLean Boulevard to State Street, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed
Schock, Mayor
Presented: August 11, 2010
Adopted: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-159 ADOPTED AUTHORIZING EXECUTION OF AN ILLINOIS DEPARTMENT OF TRANSPORTATION CONSTRUCTION
ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION WITH ENGINEERING ENTERPRISES, INC. FOR THE BIG TIMBER ROAD LOCAL AGENCY PAVEMENT PRESERVATION PROJECT (MCLEAN BOULEVARD TO STATE
STREET)
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. 10-159
RESOLUTION
AUTHORIZING EXECUTION OF AN ILLINOIS DEPARTMENT OF TRANSPORTATION CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION WITH ENGINEERING
ENTERPRISES, INC. FOR THE BIG TIMBER ROAD LOCAL AGENCY PAVEMENT PRESERVATION PROJECT
(McLean Boulevard to State Street)
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 Illinois Department of Transportation Construction Engineering Services
Agreement on behalf of the City of Elgin for federal participation with Engineering Enterprises, Inc. for the Big Timber Road Local Agency Pavement Preservation Project, McLean Boulevard
to State Street, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presente
d: August 11, 2010
Adopted: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-160 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TROTTER AND ASSOCIATES, INC. FOR GRANT WRITER PROGRAM SERVICES
Councilmember
Gilliam made a motion, seconded by Councilmember Dunne, 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. 10-160
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
TROTTER AND ASSOCIATES, INC. FOR
GRANT WRITER PROGRAM SERVICES
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 an agreement on behalf of the City
of Elgin with Trotter and Associates, Inc., for grant writer program services, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Adopted: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-161 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT
WITH WINERGY DRIVE SYSTEMS CORPORATION FOR DEVELOPMENT OF A TWO-PHASED EXPANSION OF THE TOLLGATE ROAD FACILITY (950 TOLLGATE ROAD)
Councilmember Gilliam made a motion, seconded by Councilmember
Dunne, 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.
10-161
RESOLUTION
AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH
WINERGY DRIVE SYSTEMS CORPORATION FOR
DEVELOPMENT OF A TWO-PHASED EXPANSION
OF THE TOLLGATE ROAD FACILITY
(950
Tollgate Road)
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 Development Agreement on behalf of the City of Elgin with Winergy Drive
Systems Corporation for development of a two-phased expansion of the Tollgate Road Facility located at 950 Tollgate Road, a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Adopted: August 11, 2010
Omnibus
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-162
ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH NORTHERN ILLINOIS FOOD BANK
Councilmember Gilliam made a motion, seconded by Councilmember
Dunne, 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. 10-162
RESOLUTION
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH
NORTHERN ILLINOIS FOOD BANK
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 community development block grant
agreement on behalf of the City of Elgin with the Northern Illinois Food Bank for its food distribution and community nutrition center project, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Adopted: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-163 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DLA ARCHITECTS LTD. FOR TECHNICAL FACILITATOR SERVICES
FOR IMPLEMENTATION OF THE ELGIN SUSTAINABILITY MASTER PLAN
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. 10-163
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH DLA ARCHITECTS, LTD. FOR TECHNICAL
FACILITATOR SERVICES FOR IMPLEMENTATION OF THE
ELGIN SUSTAINABILITY MASTER PLAN
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 an agreement with DLA Architects Ltd. on behalf
of the City of Elgin in connection with providing technical facilitator services for the implementation of the Elgin Sustainability Master Plan, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Adopted: August
11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G37-10 PASSED AMENDING SECTION 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL"
Councilmember Gilliam made a motion, seconded by Councilmember Dunne,
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. G37-10
AN
ORDINANCE
AMENDING SECTION 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
WHEREAS,
the City of Elgin is a home rule unit, and as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Rules of
Procedure for the City Council of the City of Elgin are provided for in Section 2.08.080 of the Elgin Municipal Code; and
WHEREAS, the city council has determined that it is necessary
and desirable to amend a rule of the city council relating to persons wishing to address the city council at a city council meeting; and
WHEREAS, the rules of procedure of the city
council pertain to the governmental affairs of the city.
NOW, THEREFORE, be it ordained by the city council of the City of Elgin, Illinois:
Section 1. That Section 2.08.080 of the
Elgin Municipal Code, 1976, as amended, entitled “Rules of Procedure” be and is hereby further amended by amending subparagraph CC thereof to read as follows:
“CC. Persons wishing to
address the city council may do so on a matter not on the agenda for the meeting, or on a matter on the agenda for the meeting but which has not been on an agenda of any other previous
public meeting of the city council, city council committee of the whole or of any other city board, commission, committee or task force. Any such persons wishing to address the city
council on such a matter shall register on a form furnished by the city clerk prior to the meeting. Speakers shall be heard in the order of registration and shall be limited to three
(3) minutes, and the total time allocated for all speakers shall not exceed thirty (30) minutes at each meeting. Speakers who have registered but who are not permitted to speak because
of the lapse of time shall be granted time to speak after miscellaneous business.”
Section 2. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Passed: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August
12, 2010
Published: August 13, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE
G38-10 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS"
Councilmember Gilliam made a motion, seconded by Councilmember
Dunne, 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. G38-10
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL
CODE, 1976
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 6.06.040 of the Elgin Municipal
Code, 1976, as amended, entitled “License Classes; Fees,” be and is hereby further amended by deleting in its entirety subsection AA thereof, which relates to a Class X license.
Section
2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued,” be and is hereby further amended by: (i) deleting in its entirety subsection
N thereof, which relates to the number of Class X licenses; (ii) by amending subsection D thereof, to read: “D. The number of Class B-1 licenses shall not exceed ten (10) in number”;
(iii) by adding a new subsection E thereof to read: “E. The number of Class B-2
licenses shall not exceed two (2) in number,”; and (iv) by re-lettering the existing subsections E through M as subsections F through N.
Section 3. That Section 6.06.059 of the Elgin
Municipal Code, 1976, as amended, entitled “Offsite Special Event Permit,” be and is hereby further amended by deleting from the listing of licenses therein the reference to the Class
X license.
Section 4. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled “Bassett Training Requirements,” be and is hereby further amended by deleting from
the listing class of licenses listed therein the reference to the Class X license.
Section 5. That Section 6.06.125 of the Elgin Municipal Code, 1976, as amended, entitled “Complaint
Procedure,” be and is hereby further amended by amending subparagraph A thereof to read as follows:
“A. Procedure Before Commission On Complaints:
1. The commission may proceed by
complaint and notice of hearing, to require any licensee to appear at a time and place specified in the notice to show cause why its liquor license should not be suspended or revoked
or a fine imposed for violations of the Illinois liquor control act, rules or regulations issued pursuant thereto, and/or this chapter, as amended.
2. All such proceedings shall be
instituted by complaint in writing, shall state the particular provision, rule or regulation alleged to have been violated and the facts in detail upon which such allegation is based
and shall be signed by the chairman or any member of the commission.
3. The licensee against whom complaint has been filed shall be entitled to be served with a copy of the complaint
and shall be given notice of the time and place set for the hearing of the complaint.
4. The complaint and notice of hearing shall be served on the licensee named therein not less
than twenty-one (21) days prior to the date specified in the notice of hearing.
5. The licensee named in the complaint and notice of hearing shall appear at the time and place designated
in the complaint and notice of hearing.
6. The licensee named in the complaint and notice of hearing shall file a written answer with the commission and with the attorney identified
in the complaint or notice of hearing within fourteen (14) days after having been served with the complaint and notice of hearing. Such answer shall contain an explicit admission or
denial of each allegation in the complaint. Every allegation in the complaint, except allegations as to an appropriate remedy, not explicitly denied is admitted, unless the licensee
states in its answer that it has no knowledge thereof sufficient
to form a belief, and attaches an affidavit of the truth of the statement of want of knowledge. Denials must not be evasive but must fairly answer the substance of the allegation denied.
If a licensee wishes to raise an issue as to the appropriate remedy only, the licensee may do so by stating in its answer that the licensee desires to contest only the remedy."
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 after its passage and publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented:
August 11, 2010
Passed: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 12, 2010
Published: August 13, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G39-10 PASSED AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO.
G75-06 FOR THE ESTABLISHMENT OF A DRIVING SCHOOL (HIGH POINT PLAZA-1350 EAST CHICAGO STREET)
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. G39-10
AN
ORDINANCE AMENDING
PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G75-06 FOR THE ESTABLISHMENT OF A DRIVING SCHOOL
(High Point Plaza– 1350 East Chicago Street)
WHEREAS, written
application has been made to amend the PAB Planned Area Business District Ordinance for the certain property located at 1350 East Chicago Street; and
WHEREAS, the Planning and Development Commission 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 Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 6, 2010, made by the Planning and Development Commission,
a copy of which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. 75-06 entitled “An Ordinance Reclassifying Property from the CI Commercial
Industrial District to PAB Planned Area Business District,” passed October 25, 2006, be and is hereby amended in its entirety as follows:
Section 3. That Chapter 19.08, Section 19.08.020
entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph:
“The boundaries herein before
laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property:
That part of
Section 17 and Section 20, both in Township 41 North, Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter
of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East, along the North line of said southwest quarter, 768.01 feet; thence South 1 degree 10 minutes
19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64 degrees 35 minutes
31 seconds West, 228.44 feet; thence South 3 degrees 1 minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8 seconds East, 687.59 feet; thence South 85 degrees 33
minutes 12 seconds East, 70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park
Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence South 6 degrees 53 minutes
24 seconds East, along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4 degrees 13 minutes 28 seconds East, 56.69 feet;
thence North 10 degrees 0 minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46 seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West,
10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded to the people of the State of Illinois, Department of Transportation, by deed recorded August 5, 1998
as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20, Township 41 North, Range 9 East of the third principal meridian,
in Cook County, Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet (bearings
assumed for description purposes only) along the north line of said northwest quarter to the west right of way of Shales Parkway (Lovell Road) as established by document no. 88486058;
thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees 26 minutes 10 seconds west 36.64 feet, along said right of way
line for the point of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago-Elgin
Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43
degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting therefrom that part dedicated for public street (a portion of Philips Way) by plat of dedication
recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land; thence south 85 degrees 33 minutes 12 seconds
east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured perpendicular, easterly of and parallel
with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance
of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees
59 minutes 42 seconds east from the point of beginning; thence north 03 degrees 59 minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of beginning, situated
in the City of Elgin, Cook County, Illinois and containing 4.57 acres more or less. (Property commonly known as 1350 East Chicago Street)
Section 4. That the City Council of the City
of Elgin hereby grants the rezoning of the PAB District for the property commonly known as 1350 E. Chicago Street, and legally described above, which shall be designed developed, and
operated subject to the following provisions:
Purpose and Intent. The purpose of the PAB Area Business District is to provide commodities and services to several neighborhoods, and
in some instances to a community wide or regional supporting population, subject to Chapter 19.60. A PAB zoning district is most similar to, but departs from the standard requirements
of the AB zoning district.
Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary
regulation.
General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions
of the Elgin Municipal Code, 1976, as amended.
Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions
of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended.
Land Use. In this PAB zoning district, the use and development of land and structures shall be subject
to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted
use” [SR] or as a “conditional use” [SR] in this PAB zoning district:
Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this
PAB planned area business district:
Municipal services division:
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land.
Offices
division:
"Offices" [SR] (UNCL).
Finance, insurance, and real estate division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
Services division:
Advertising (731).
Automotive renting and leasing without drivers (751).
Barbershops (724).
Beauty shops (723).
Carpet and upholstery cleaning agents without plants on the premises
(7217).
Coin operated laundries and dry cleaning (7215).
Commercial, economic, sociological and educational research (8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer related services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related services (87).
Garment pressing, and
agents for laundries and dry cleaners (7212).
Home healthcare services (808).
Automobile driving instruction (8299) restricted to one specific suite, within the Highpoint Plaza Shopping
Center at 1350 East Chicago Street, to be specified by the property owner at the time of occupancy approval.
Job training and vocational rehabilitation services (833).
Laundry collecting
and distributing outlets (7211).
Legal services (811).
Libraries (823).
Mailing, reproduction, commercial art and photography, and stenographic services (733).
Management and public
relations services (874).
Medical and dental laboratories (807).
Miscellaneous equipment rental and leasing (735).
Miscellaneous personal services not elsewhere classified (7299).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices
and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners
(804).
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Professional sports operators and promoters (7941).
Radio and television
repair shops (7622).
Refrigerator and air conditioning service and repair (7623).
Reupholstery and furniture repair (764).
Security systems services (7382).
Shoe repair shops and
shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Videotape rental (784).
Watch, clock and jewelry repair
(763).
Retail trade division:
Apparel and accessory stores (56).
Automatic merchandising machine operators (5962).
Building materials, hardware and garden supply (52).
Carryout
restaurants (5812).
Catalog and mail order houses (5961).
Convenience food stores, operated on a twenty four (24) hour basis (5411).
Direct selling establishments (5963).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists
(5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous
shopping goods stores (594).
Mobile home dealers (52).
Motor vehicle dealers (5994).
News dealers (5994).
Optical goods stores (5995).
Tobacco stores (5993).
Agricultural division:
Dog grooming (0752).
Farm labor and management services (076).
Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181).
Landscape
counseling and planning (0781).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Veterinary services for household pets (0742).
Construction division:
"Contractor's office and equipment areas" [SR] (UNCL).
Manufacturing division:
Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752).
Transportation, communication and utilities division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight
and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna
structures mounted on existing structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
"Loading
facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of chapter 19.47 of this title (UNCL).
Local and suburban passenger
transportation operators' offices (411).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus
operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution
facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous uses division:
"Accessory structures" [SR] (UNCL) to the permitted
uses allowed in the AB area business district, subject to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB area
business district, subject to the provisions of section 19.10.400 of this title.
"Drive-through facilities" [SR], subject to the provisions of chapter 19.45 of this title.
"Fences
and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter
19.47 of this title.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.45
of this title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.45
of this title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB planned area business district:
Municipal services division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land.
Public administration division:
Public administration (J) on a zoning lot containing less
than two (2) acres of land.
Services division:
Child daycare services (835).
Churches, convents, monasteries, and temples (8661).
Coin operated amusement establishments (7993).
Dance halls (7911).
Dance studios and schools (791).
Funeral service (726).
"Home child daycare services" [SR] (8351).
Individual
and family social services (832).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Motion picture theaters (7832).
Physical fitness facilities (7991).
Retail trade division:
Drinking places (alcoholic beverages) (5813).
Firearms sales (5941).
"Motor vehicle service stations" [SR] (554).
"Outdoor eating and drinking facilities"
[SR] (UNCL).
"Package liquor sales establishments" [SR] (5921).
Pawnshops (5932).
Agricultural division:
"Kennels" [SR] (0752).
Mining division:
"Temporary mining" [SR] (UNCL).
Wholesale trade division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
Transportation, communication, and utilities division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL).
Courier services (4215).
Heliports
(458).
Pipelines, except natural gas (461).
Public warehousing and storage (422).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Water transportation
(44).
Miscellaneous uses division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB area business
district, subject to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB area business district, subject to the provisions of section 19.10.400 of this title.
"Commercial operations yards"
[SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of chapter 19.50 of this title.
"Parking lots" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title.
"Parking structures" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title.
"Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of
land, subject to the provisions of chapter 19.60 of this title.
F. Site Design. In this PAB zoning district, except as otherwise provided for herein, the use and development of land
and structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial
conformance with the following:
Substantial conformance to the Statement of Purpose submitted by Dearborn Construction and Development, Ltd., submitted on March 10, 2005.
Substantial
conformance to the Site Plans titled “Existing Conditions” and “Geometric Plan” prepared by Marchris Engineering, Ltd., dated April 25, 2005 and last revised October 3, 2005.
Substantial
conformance to the landscape plans sheets LS-1 and LS-2 prepared by Marchris Engineering, Ltd., dated March 3, 2005 and last revised May 30, 2006.
Substantial conformance to the elevation
drawings Sheet No. 2 prepared by Ernest E. Ternovits, Jr. Architects, dated March 29, 2005 and last revised March 3 2006.
Substantial conformance to the Section drawings through the
property titled Section A and the line of sight drawing prepared by Marchris Engineering, Ltd., dated March 20, 2006.
Compliance with all other applicable codes and ordinances.
G. Off-street
Parking. Except as otherwise provided within this section, in this PAB zoning district, off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking, of
the Elgin Municipal Code, as amended. The
minimum number of required off street parking stalls shall be in conformance with the provisions of Chapter 19.45, except as follows:
Sit-down restaurants: 1 stall for every 100 square
feet of floor area.
Carry-out restaurants: 1 stall for every 85 square feet of floor area.
H. Off-street Loading. In this PAB zoning district, off-street loading shall be subject
to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended.
I. Signs. In this PAB zoning district, signs shall be subject to the provisions
of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
J. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall
be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended.
K. Conditional Uses. In this PAB zoning district, application for
conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed
by an individual property owner without necessitating that all other property owners in the development authorize such application.
L. Variations. In this PAB zoning district, application
for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual
property owner without necessitating that all other property owners in the development authorize such application.
M. Appeals. Any requirement, determination, or interpretation associated
with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as
amended.
Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Passed: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 12, 2010
Published: August 13, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G40-10 PASSED AMENDING ORDINANCE NO. G29-08 PROVIDING FOR SPECIAL
REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (PORTIONS OF RANDALL POINT EXECUTIVE CENTER SUBDIVISION AND RANDALL POINT EXECUTIVE
CENTER II SUBDIVISION)
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. G40-10
AN ORDINANCE AMENDING ORDINANCE NO. G29-08
PROVIDING FOR SPECIAL REGULATIONS FOR STREET GRAPHICS
WITHIN
A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER
(PORTIONS OF RANDALL POINT EXECUTIVE CENTER SUBDIVISION AND RANDALL POINT EXECUTIVE CENTER II SUBDIVISION)
WHEREAS, the
City Council, in its Ordinance No. G25-08, has designated portions of the Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision as part of the
Randall Road/I 90 Area of Special Character (the “Randall Road/I 90 Area of Special Character”) pursuant to Section 19.50.105; and
WHEREAS, the special regulations herein described
have previously been provided for pursuant to Ordinance No. G29-08; and
WHEREAS, written application has been made to amend certain provisions within Ordinance No. G29-08; and
WHEREAS,
after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and
recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission; and
WHEREAS, the City Council
further finds that the use of the subject portions of Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision as mixed use office and industrial
park presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and
WHEREAS,
the amended special regulations for the Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision are consistent with the unique character and unique
use of the Randall Road/I 90 Area of Special Character and departures from the street graphics ordinance as contained within such amended special regulations are limited to address the
unique and particular area characteristics and use characteristics of the subject portions of Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision
portion of the Randall Road/I 90 Area of Special Character.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the following amended
Special Regulations for Street Graphics for those portions of the Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision legally described on Exhibit
A within the Randall Road/I 90 Area of Special Character (the “Subject Property”), be and are hereby granted and approved pursuant and subject to the following terms and conditions:
1. Compliance
with the Randall Point Executive Center Special Sign District Plan for the sign entitled “Sign 2” prepared by White Way Sign Company, dated May 27, 2009, and last revised on October
1, 2009, attached hereto as Exhibit B (such plan is hereinafter referred to as the “Subject Special Sign District Plan”). Pursuant to the Subject Special Sign District Plan, one double-faced
light emitting diode (LED) message center (the “Special Sign”) shall be permitted on the Subject Property in the location as set forth in paragraph 2 below. At the election of its owner,
the light emitting diode (LED) message center on the west-facing side of the Special Sign may initially be constructed and / or from time to time replaced with a static (no-LED) sign
face.
2. The Special Sign shall be located only at a location within the strip of land constituting the southerly fifty (50) feet of Lot 8 of the Randall Point Executive Center II Subdivision.
3. T
he light emitting diode (LED) message center included as part of the sign shall also comply with the following additional standards:
a. All images, displays or messages of any type
or nature (hereinafter collectively “Image” or “Images”) shall be static without any type of movement or motion whether the Images are in the form of animation,
video, text or otherwise. No continuous traveling, 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 ten (10) seconds, i.e., each Image displayed shall be displayed for a minimum period of ten (10) seconds.
c. Any Image
or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode.
d. The intensity of the
light emitting diode (LED) display shall not exceed the level specified in the chart below:
INTENSITY LEVELS (NITS)
Color Daytime Nighttime
Amber only 4,690 1,675
Full
Color 7,000 2,500
Green only 6,300 2,250
Red only 3,150 1,125
e. The square footage of the light emitting diode (LED) message center shall not exceed 103 square feet.
f. The
light emitting diode (LED) message center, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic.
g. The light emitting diode (LED) message center shall display Images limited to (i) images, messages and information pertinent to the businesses and tenants, one at a time, then
currently occupying the mixed used office and industrial park on the Subject Property as a bona fide full time and year round owner or tenant on the Subject Property and (ii) images,
messages and information pertinent to the subdivision developer/ manager.
h. In the event of any conflict between the standards for the light emitting diode (LED) message center as
provided in this subsection 3 and the provisions within the Subject Special Sign District Plan, the provisions of this subsection 3 shall supersede and control.
4. In the event of any
conflict between the amended special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled
“Street Graphics”, the provisions of these
amended special regulations for the Subject Property as contained herein shall supersede and control.
5. With the sole exception of the Special Sign (i.e., the light emitting diode
(LED) message center authorized in this ordinance), all other street graphics on the Subject Property shall comply with the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976,
as amended, entitled “Street Graphics”.
Section 2. That this ordinance shall be in full force and effect upon its passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Passed: August 11, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded:
August 12, 2010
Published: August 13, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINAN
CE G41-10 PASSED AMENDING ORDINANCE NO. G28-08 PROVIDING FOR SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (RANDALL POINT
WEST SUBDIVISION)
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. G41-10
AN ORDINANCE AMENDING ORDINANCE NO. G28-08
PROVIDING FOR SPECIAL REGULATIONS FOR STREET GRAPHICS
WITHIN
A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER
(RANDALL POINT WEST SUBDIVISION)
WHEREAS, the City Council, in its Ordinance No. G25-08, has designated the Randall Point
West Subdivision as part of the Randall Road/I 90 Area of Special Character (the “Randall Road/I 90 Area of Special Character”) pursuant to Section 19.50.105; and
WHEREAS, the special regulations herein described have previously been provided for pursuant to Ordinance No. G28-08; and
WHEREAS, written application has been made to amend certain
provisions within Ordinance No. G28-08; and
WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said
application and has submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations
of the Planning and Development Commission; and
WHEREAS, the City Council further finds that the proposed use of the Randall Point West Subdivision as mixed use office and industrial
park presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and
WHEREAS,
the amended special regulations for the Randall Point West Subdivision are consistent with the unique character and unique use of the Randall Road/I 90 Area of Special Character and
departures from the street graphics ordinance as contained within such amended special regulations are limited to address the unique and particular area characteristics and use characteristics
of the Randall Point West Subdivision portion of the Randall Road/I 90 Area of Special Character.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section
1. That the following amended Special Regulations for Street Graphics for the Randall Point West Subdivision portion of the Randall Road/I 90 Area of Special Character, such Randall
Point West Subdivision being legally described in the Planned Development Ordinance for the Randall Point West Subdivision under Ordinance No. G98-07 (the “Subject Property”), be and
are hereby granted and approved pursuant and subject to the following terms and conditions:
1. Compliance with the Randall Point West Special Sign District Plan for the sign entitled
“Sign 2” prepared by White Way Sign Company, dated May 27, 2009, and last revised on October 1, 2009 attached hereto as Exhibit 1 (such plan is hereinafter referred to as the “Subject
Special Sign District Plan”). Pursuant to the Subject Special Sign District Plan, one double-faced light emitting diode (LED) message center (the “Special Sign”) shall be permitted
on the Subject Property in the location as set forth in paragraph 2 below. At the election of its owner, the light emitting diode (LED) message center on the west-facing side of the
Special Sign may initially be constructed and / or from time to time replaced with a static (no-LED) sign face.
2. The Special Sign shall be located only at a location within the strip of land constituting the southerly fifty (50) feet of Lots 2, 3, 4 or 5 of the Randall Point West Subdivision.
3. The
light emitting diode (LED) message center included as part of the sign shall also comply with the following additional standards:
a. All images, displays or messages of any type or
nature (hereinafter collectively “Image” or “Images”) shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise.
No continuous traveling, 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 ten (10) seconds, i.e., each Image displayed shall be displayed for a minimum period of ten (10) seconds.
c. Any Image or message change sequence shall
be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode.
d. The intensity of the light emitting diode (LED) display
shall not exceed the level specified in the chart below:
INTENSITY LEVELS (NITS)
Color Daytime Nighttime
Amber only 4,690 1,675
Full Color 7,000 2,500
Green only 6,300 2,250
R
ed only 3,150 1,125
e. The square footage of the light emitting diode (LED) message center shall not exceed 103 square feet.
f. The light emitting diode (LED) message center, as
well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic.
g. The light emitting diode (LED) message
center shall display Images limited to (i) images, messages and information pertinent to the businesses and tenants, one at a time, then currently occupying the mixed used office and
industrial park on the Subject Property as a bona fide full time and year round owner or tenant on the Subject Property and (ii) images,
messages and information pertinent to the subdivision developer/ manager.
h. In the event of any conflict between the standards for the light emitting diode (LED) message center as
provided in this subsection 3 and the provisions within the Subject Special Sign District Plan, the provisions of this subsection 3 shall supersede and control.
4. In the event of any
conflict between the amended special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled
“Street Graphics”, the provisions of these amended special regulations for the Subject Property as contained herein shall supersede and control.
5. With the sole exception of the Special
Sign (i.e., the light emitting diode (LED) message center authorized in this ordinance), all other street graphics on the Subject Property shall comply with the provisions of Chapter
19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”.
Section 2. That this ordinance shall be in full force and effect upon its passage in the manner provided
by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2010
Passed: August 11, 2010
Omnibus
Vote: Yeas: 7 Nays: 0
Recorded: August 12, 2010
Published: August 13, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
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.
Cultural Arts Commission – June 14, 2010
Heritage Design Review
Subcommittee – May 11, 2010, May 25, 2010, June 18, 2010, and July 13, 2010
Image Advisory Commission – February 22, 2010, and April 26, 2010
Lords Park Advisory Task Force – July 6,
2010
Disbursement Report
Committee of the Whole Minutes – July 14, 2010
City Council Minutes – July 14, 2010
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURN
MENT
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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 7:20 p.m.
s/ Jennifer Quinton
August 25, 2010
Jennifer Quinton, Deputy City Clerk
Date Approved