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HomeMy WebLinkAboutm - July 11, 2012 CC347 VOLUME LXXVII JULY 11, 2012 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 11, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The Invocation was given by Pastor Tom Atamian from The Refuge and the Pledge of Allegiance was led by Ted Schnell. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JUNE 27, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the June 27, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Elgin Medi-Transport, Inc.’s 35th Anniversary Proclamation Mayor Kaptain read the following proclamation: WHEREAS, Pat Crawford was one of the first certified and licensed paramedics in Elgin in 1974; and WHEREAS, In 1977, Pat Crawford founded Elgin Medi-Transport after a decade with the Elgin Fire Department; and WHEREAS, Elgin Medi-Transport was the first ambulance service in the 1980s to specialize in cardiac care with proprietary service in partnership with local hospitals; and JULY 11, 2012 VOLUME LXXVII 348 WHEREAS, Over the years, the company has expanded operations and embraced the changes in healthcare to provide exceptional advanced and basic life support ambulance and medi-van transport for northern Illinois; and WHEREAS, in 2012, Medi-Transport is celebrating a landmark 35 years of service in Elgin. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby invite all citizens to join us in congratulating ELGIN MEDI-TRANSPORT on their landmark 35th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July, 2012. s/ David J. Kaptain Mayor National Parks and Recreation Month Proclamation Mayor Kaptain read the following proclamation: WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including Elgin, Illinois and are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby proclaim the month of July 2011 as PARKS AND RECREATION MONTH and urge all citizens of this community to join with citizens of other communities throughout the great State of Illinois in recognizing that parks and recreation services are essential to the quality of life not only in July, but all though the year as well. VOLUME LXXVII JULY 11, 2012 349 IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July 2011. s/ David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Terry Gavin expressed his opinions regarding the 2012 budget and the five-year plan and recent comments made by councilmembers. Bill Werst commented on the public input during the 2012 budget process and the Elgin Octaves efforts to produce a budget. He noted that the Octave’s budget would be published on their website. Councilmember Gilliam responded to the previous two speakers. While Councilmember Gilliam accepts the speaker’s right to criticize he asked them for clarification regarding which of the four budgets that had been presented would the speakers have picked. Chuck Keysor made comments regarding the content of the Elgin Octave’s budget and expressed his opinion regarding repealing the garbage and electric taxes. Julie Schmidt commented on the budget process and offered her insight into the role of government. Elissa Kojarek representing the United Way noted a milestone of its Imagination Library reading program by having enrolled five thousand children. Elinor Richoz thanked the Police Department for the response to a fireworks complaint and the well-being checks performed during the recent heat wave. BID 12-040 APPROVED TO PURCHASE MOBILE COMPUTERS FOR THE ELGIN POLICE DEPARTMENT FROM THE EMERGENCY TELEPHONE SYSTEM FUND Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve the purchase of Panasonic Toughbook Notebook Computers from the Emergency Telephone System Fund in the amount of $159,340 to increase police operational efficiencies with improved technology. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. JULY 11, 2012 VOLUME LXXVII 350 PUBLIC HEARING REGARDING PETITION 19-12 REQUESTING A FIFTH AMENDMENT TO THE ANNEXATION AGREEMENT, AND AN AMENDMENT TO THE PLANNED DISTRICT ORDINANCE G69-09, TO PERMIT ACCESSORY STRUCTURES ATTACHED TO THE PRINCIPAL BUILDING OF CERTAIN PROPERTIES TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS BOWES CREEK; PROPERTY LOCATED AT 3600 BOWES ROAD, BY THE BOWES CREEK ACTIVE ADULT MASTER ASSOCIATION, INC., AS APPLICANT, AND TOLL BROTHERS, INC., AS OWNER Mayor Kaptain declared the public hearing open at 8:04 p.m. Marc Mylott, Community Development Director, provided an overview of the proposed amendment. The applicant is requesting approval for pergolas, retractable awnings and other similar structures attached to the house to encroach up to 12 feet within the required 20-foot rear building setback of the Villa Lots. Mr. Mylott noted that the staff recommended approval subject to the conditions outlined in the packet. Councilmember Steffen asked Mr. Mylott to outline the notice process for this project and he noted that there is mailing, sign posting, and newspaper publication required. Mayor Kaptain declared the public hearing closed at 8:07 p.m. PETITION 27-12 APPROVED AMENDING THE TEXT OF THE ZONING ORDINANCE TO ALLOW ELECTRONIC CHANGEABLE COPY GRAPHICS WITHIN MONUMENT GRAPHICS ALONG RANDALL ROAD AND TO GIVE CITY COUNCIL THE FLEXIBILITY TO APPROVE UNIQUE PROPOSALS FOR GRAPHICS WHEN PROPOSED IN CONJUNCTION WITH UNIQUE ARCHITECTURE AND/OR BUILDING PLACEMENT Marc Mylott, Community Development Director, provided an overview of the text amendment in particular the changeable text for LED, rate of change, nostalgic wall graphics and clarification of allowable directional graphics. Staff recommended approval subject to the conditions in the packet. There was discussion regarding the percentage of total allowable signage, the rate of change for LED signs, and clarification of areas these changed affect. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve Petition 27-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII JULY 11, 2012 351 PETITION 28-12 APPROVED REQUESTING DEVELOPMENT PLAN APPROVAL PURSUANT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G32- 10, FOR THE DEVELOPMENT OF OUTLOTS WITHIN THE SUBDIVISION KNOWN AS THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION; PROPERTY LOCATED AT 1010, 1020, AND 1030 SOUTH RANDALL ROAD; BY PORTILLO’S HOT DOGS, INC., AS APPLICANT, AND SAM’S REAL ESTATE BUSINESS TRUST, AS OWNER Marc Mylott, Community Development Director, provided an overview of the project and stated that staff recommended approval subject to the conditions in the packet. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve Petition 28-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-121 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH MUELLER & CO., LLP (1707 N. RANDALL ROAD) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne and Councilmember Prigge. Resolution No. 12-121 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH MUELLER & CO., LLP (1707 N. Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Incentive Agreement with Mueller & Co., LLP on behalf of the City of Elgin for job relocation and job creation in connection with the development of 1707 N. Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JULY 11, 2012 VOLUME LXXVII 352 Presented: July 11, 2012 Adopted: July 11, 2012 Vote: Yeas: 5 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G40-12 PASSED GRANTING A CONDITIONAL USE FOR A PAWN SHOP IN THE AB AREA BUSINESS DISTRICT (1460 MAIN LANE) Councilmember Powell asked for an explanation on the differences between how pawn shops and pay day loan establishments were regulated. Corporation Counsel Cogley noted that under Illinois law pawn shops are handled differently by allowing a municipality to either license or prohibit them. There are no similar laws that govern the pay day loan businesses. The city could regulate pay day loans by licensing, however the state has the Pay Day Loan Act currently in place, and noted that the law does not allow for prohibition of these establishments. There was a discussion regarding having Corporation Counsel look into the different establishments, such as pay day loans, car title loans, and cash for gold, and outline options for regulations. Councilmember Prigge stated his concerns about more pawn shops wanting to open in the City and suggested waiting to see if the current shop had any issues. Councilmember Moeller that allowing a shop now does not set a precedent that would allow for other shops and the specific site will be improved from its current condition. Councilmember Steffen agreed that they would not be setting a precedent by allowing this pawn shop. He also noted that there is a high standard for the establishment in by the conditions outlines such as the signage. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne, Gilliam, and Prigge. VOLUME LXXVII JULY 11, 2012 353 Ordinance No. G40-12 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PAWN SHOP IN THE AB AREA BUSINESS DISTRICT (1460 Main Lane) WHEREAS, written application has been made requesting conditional use approval for a pawn shop in the AB 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 with 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: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated February 15, 2012, 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 pawn shop in the AB Area Business District at 1460 Main Lane and legally described as follows: Parcel Three: that part of the Northwest quarter of section 22, township 41 North, range 8 East of the third principal meridian, described as follows: commencing at the Northwest corner of said Northwest quarter; thence East along the North line of said Northwest quarter 373.56 feet; thence South parallel with the West line of said Northwest quarter 680.46 feet; thence East parallel with the North line of said Northwest quarter 1385.44 feet to an iron stake for the point of beginning; thence East along said parallel line, also being the South line of Country Knolls Unit No. 1 being a subdivision of part of sections 15 and 22, township and range aforesaid, 900.15 feet to the center line of McLean Boulevard; thence Southerly along the center line of Mc Lean Boulevard 629.07 feet to the intersection of said Center line with the South line extended West of Lillian Street; thence West along the South line of Lillian Street extended West 153.03 feet to an iron stake; thence Southerly along a line that forms an angle of 87 degrees 12 minutes 45 seconds to the left with prolongation of the last described course, 150 feet to an iron stake; thence Southerly along a line that forms an angle of 87 degrees 12 minutes 45 seconds to the left with prolongation of the last described course, 150 feet to an iron stake; thence West parallel with the South line of Lillian Street extended 25 feet to an iron stake; thence Southerly along a line that forms an angle of 87 degrees 7 minutes 23 seconds to the left with the prolongation of the last described course, JULY 11, 2012 VOLUME LXXVII 354 189.93 feet to an iron stake located on the North line of Main Lane as now dedicated that is 127.95 feet West of the intersection of the West right-of-way line of Mc Lean Boulevard with said North line of Main Lane; thence West along said North line of Main Lane 394.68 feet to an iron stake in the Northerly line of Main Lane, being along a curve to the right having a radius of 267 feet, a distance of 123.41 feet to an iron stake in the Northerly line of Main Lane; thence Northwesterly along said Northerly line, being tangent to the last described curve 251.56 feet to a point on the East line of Town and Country Manor, being a subdivision of part of the Northwest quarter of said section 22, township and range aforesaid; thence North along said East line, 640.38 feet to an iron stake located at the Northeast corner of lot 46 of said Town and Country Manor; thence East at right angles to the last described course, 74 feet to an iron stake; thence North at right angles to the last described course, 185 feet to the point of beginning; in the City of Elgin, Kane County, Illinois (except that portion conveyed to the City of Elgin by Document Number 1829389 recorded March 19, 1987). (Property commonly known as 1460 Main Lane or, more specifically, by the following Kane County Property Index Number: 06-22-128-052). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with the development application, by Attorney Amy Kurson, amended December 26, 2011. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance with the letter to Mayor David Kaptain, submitted by Ellen Bryant, General Counsel and Assistant Secretary, EZPAWN Illinois, Inc., d.b.a. Easy Cash Solutions, dated May 21, 2012. Any signage for the establishment at the subject property will not use the word "pawn". 3. Substantial conformance with the following drawings, prepared by William Franz Architect:  Site Plan (Sheet A-0), last revised February 2, 2012.  Floor Plan (Sheet A-1), dated October 14, 2011.  Exterior Elevations (Sheet A-2), dated December 14, 2011. 4. Substantial conformance with the following drawings prepared by Precision Signs:  Street Graphics Elevations and Specifications, dated May 14, 2012.  Street Graphics Site Plan, dated May 11, 2012. 5. All other graphics shall meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. The pawn shop shall be restricted to the commercial building at 1460 Main Lane, located within the Town and Country Shopping Center. VOLUME LXXVII JULY 11, 2012 355 7. The pawn shop shall not trade in weapons, ammunition, or explosives of any kind, including but not limited to guns, throwing stars, blades, knives, knuckle dusters, or trade in regulated paraphernalia of any kind, including but not limited to rolling paper, glass pipes, and wire mesh pipe screens. This prohibition shall include antique or “inoperable” weapons, ammunition, and related paraphernalia. 8. The pawn shop shall not offer any additional financial services that are not customary and traditional to a pawn shop, including but not limited to fee-based check cashing, payday loans, vehicle title loans and currency exchange services. 9. No outdoor storage of goods related to the subject land use shall be permitted. 10. Bicycle racks shall be installed in substantial conformance with the Off-Street Bicycle Parking Ordinance No. G37-11. 11. 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/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Passed: July 11, 2012 Vote: Yeas: 4 Nays: 3 Recorded: July 11, 2012 Published: July 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 11, 2012 VOLUME LXXVII 356 ORDINANCE G41-12 PASSED AMENDING CHAPTER 6.42 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PAWNBROKERS" Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne, Gilliam, and Prigge. Ordinance No. G41-12 AN ORDINANCE AMENDING CHAPTER 6.42 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PAWNBROKERS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.42.030 of the Elgin Municipal Code, 1976, as amended, entitled "Number of Licenses to be Issued" is hereby amended to read as follows: "The number of pawnbroker licenses shall not exceed two (2) in number." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Passed: July 11, 2012 Vote: Yeas: 4 Nays: 3 Recorded: July 11, 2012 Published: July 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII JULY 11, 2012 357 ORDINANCE G42-12 PASSED AMENDING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I90 AREA OF SPECIAL CHARACTER ORDINANCE NO. G30-08 (2300-2450 NORTH RANDALL ROAD-THE GROVE SUBDIVISION) Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: Councilmember Moeller. Ordinance No. G42-12 AN ORDINANCE AMENDING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER ORDINANCE NO. G30-08 (2300-2450 North Randall Road - The Grove Subdivision) WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the City as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulations for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G25-08, has designated The Grove 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 City Council has adopted special regulations for street graphics for The Grove Subdivision as part of the Randall Road/I90 Area of Special Character pursuant to Ordinance G30-08; and WHEREAS, written application has been made to amend certain provisions of such special regulations for street graphics within Ordinance No. G30-08; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning & Zoning Commission; and WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U.S. Interstate 90; and JULY 11, 2012 VOLUME LXXVII 358 WHEREAS, the City Council further finds that the proposed use of The Grove Subdivision as a mixed use commercial and entertainment area 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 proposed amended special regulations for the Grove 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 proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of The Grove 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 City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 4, 2012 made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. In the event of any conflict between such Findings of Fact and the other provisions of this ordinance, the other provisions of this ordinance shall supersede and control. Section 2. That Ordinance No. G30-08 entitled “An Ordinance establishing special regulations for street graphics within a portion of the Randall Road/I 90 Area of Special Character” passed October 13, 2010, be and is hereby amended as provided in this ordinance. The following amended special regulations for street graphics for The Grove Subdivision portion of the Randall/I-90 Area of Special Character, such Grove Subdivision being legally described in the planned development ordinance for such property under Ordinance No. G76-04 (the "Subject Property"), be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the sign plans for Rookies Restaurant attached hereto as Group Exhibit 1 inclusive of the following nine (9) pages: a. Rookies Sport Pub & Grille Banner Graphic Summary, dated February 29, 2008, which includes logo sizes for proposed awnings and building elevations for the four sides of the Rookies restaurant building showing awning placement; b. a sign illustration of the projecting sign prepared by Landmark Sign Group, dated January 29, 2008; c. a sign illustration of the marquee sign, prepared by Landmark Sign Group, dated November 20, 2007, last revised January 31, 2008; and d. site plan, submitted by Interstate Partners, L.L.C., dated February 29, 2008. The signage for the Rookies Restaurant depicted in Exhibit 1 shall be located only in conjunction with the Rookies Restaurant at 2486 Bushwood Drive, Elgin, Illinois on the Subject Property. 2. Compliance with the sign plan for The Grove Digital Monument sign to replace the existing Grove Digital Monument sign to incorporate signage for the Shell Gas Station prepared by Landmark Sign Group dated June 28, 2012, attached VOLUME LXXVII JULY 11, 2012 359 hereto as Exhibit 2(the "Digital Monument Sign"). Such Digital Monument Sign shall be located at the location of the existing digital monument sign on the west side of Randall Road south of Technology Drive. In consideration of the incorporation of the Shell gas station sign into such Digital Monument Sign, there shall be no separate monument sign for the Shell gas station, The Grove Mart or the lot improved with the Shell gas station and Grove Mart. The Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign depicted in Exhibit 2 shall also comply with the following additional provisions and 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. Maximum brightness levels for the LED Message Center Sign in the Digital Monument Sign shall not exceed 5,000 NITS measured from the sign's face and its maximum brightness, during daytime 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. Such LED panel shall include an ambient light meter or sensor and programmable or manual dimming capacity. e. The Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign, 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. f. In the event of any conflict between the standards for the Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign, as provided in this subsection 2 and the provisions within the plans therefore in Exhibit 2, the provisions of this subsection 2 shall supersede and control. 3. Except as otherwise specifically provided for in this ordinance, the electronic changeable copy panels within the Shell Gas Station portion of the Digital JULY 11, 2012 VOLUME LXXVII 360 Monument Sign shall comply with the requirements of Elgin Municipal Code Section 19.50.090I. Without limiting the foregoing, the rate of change for any Image in the Shell Gas Station electronic changeable copy panels shall be for a minimum of two (2) hours, i.e., each Image displayed shall be displayed for a minimum period of two (2) hours. 4. Substantial conformance to The Grove Retail Development Signage Variance Submission Drawings B, C, D, E, F.ii, F.iv, G, H, I, K.i, K.iii and K.iv submitted by The Grove Property Owners Association Inc., dated received, May 4, 2012, consisting of ten (10) pages, attached hereto as Group Exhibit 3. Such signage shall also be subject to the following additional provisions and standards: a. In the event a second digital monument sign is installed along the northerly lot of The Grove development, such sign including, but not limited to, any LED panel therein, shall be limited to the same height and dimensions as the new proposed Digital Monument Sign depicted in Exhibit 2 hereto. Any such second digital monument sign shall also comply with the additional standards set forth in subsection 2 of this ordinance set forth above. b. The proposed Comfort Suites Monument Sign (Drawing D in Exhibit 3) shall be installed outside of the line of sight triangle within the said lot upon which it is to be located. c. The berm height for proposed monument signs shall be no greater than twenty-five percent (25%) of the height of the sign. Berming shall not be permitted for the new Digital Monument Sign referenced in Sections 2 and 3 hereof or the proposed additional digital monument sign to be located on the northerly lot of The Grove development. d. The signs referenced in drawings F.ii, F.iv, K.iii and K .iv shall be permitted on the Subject Property only when installed at locations where the sign is not visible from a public right-of-way. 5. For the purposes of clarification, drawings which were submitted as part of The Grove Retail Development Signage Variance Submission Drawings, which are not specifically referenced in section 2, subsection 4, above are not approved as part of the amended special regulations provided for in this ordinance. 6. In the event of any conflict between the 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 special regulations for the Subject Property as contained herein shall supersede and control. VOLUME LXXVII JULY 11, 2012 361 7. Except as otherwise specifically provided for in this ordinance, and in the provisions in Section 3J of the planned development ordinance for the subject property under Ordinance No. G76-04, as amended, 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". In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions in Section 3J of the planned development ordinance for the Subject Property under Ordinance No. G76-04, as amended, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 8. Compliance with all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Passed: July 11, 2012 Vote: Yeas: 6 Nays: 1 Recorded: July 11, 2012 Published: July 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G39-12 and T22-12 and adopt Resolution Nos. 12-117 through 12-120 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-117 ADOPTED AUTHORIZING PURCHASE OF EQUALLOGIC STORAGE SYSTEM FROM DELL FOR DATA MANAGEMENT AND STORAGE Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. JULY 11, 2012 VOLUME LXXVII 362 Resolution No. 12-117 RESOLUTION AUTHORIZING PURCHASE OF EQUALLOGIC STORAGE SYSTEM FROM DELL FOR DATA MANAGEMENT AND STORAGE 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 purchase EqualLogic Storage System for data management and storage from Dell for a total amount of $44,897.44 pursuant to the quotation therefor dated June 6, 2012, a copy of which is attached hereto and made a part hereof by reference, and pursuant to a joint purchasing agreement through Midwest Higher Education Compact (MHEC). s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Adopted: July 11, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-118 ADOPTED AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-118 RESOLUTION AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, is hereby authorized and directed to distribute grants to the following youth sports organizations for the purposes specified herein and pursuant to the terms and conditions in the agreements between the City of Elgin and the respective youth sports organizations: VOLUME LXXVII JULY 11, 2012 363 Elgin National Little League  Scoreboards $ 3,200  New dugout roof $ 1,000 Total $ 4,200 Elgin Continental Little League:  Field Improvements $ 3,500  Shade Structure $ 4,500 Total $ 8,000 Elgin Classic Little League:  Bleachers $ 5,000  Bleachers $ 5,000 Total $ 10,000 American Legion:  Shed $ 1,400  Foul ball netting $ 4,500 Total $ 5,900 Elgin Youth Football:  Level change in concessions $ 3,500  Replace concession door and door frame $ 1,000  Modify concession counter $ 1,000  ADA improvements $ 14,200 Total $ 19,700 Total grant allocation   $ 47,800 s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Adopted: July 11, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 11, 2012 VOLUME LXXVII 364 RESOLUTION 12-119 ADOPTED AUTHORIZING PURCHASE OF DIGITAL PORTABLE RADIOS FROM MOTOROLA SOLUTIONS, INC. FOR POLICE OPERATIONS Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-119 RESOLUTION AUTHORIZING PURCHASE OF DIGITAL PORTABLE RADIOS FROM MOTOROLA SOLUTIONS, INC. FOR POLICE OPERATIONS 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 purchase twenty- nine APX7000 digital portable radios and related accessories thereto for police operations from Motorola Solutions, Inc. for a total amount of $135,132.75 pursuant to the quotation therefor dated May 14, 2012, a copy of which is attached hereto and made a part hereof by reference, and pursuant to a joint purchasing agreement through Northwest Central Dispatch. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Adopted: July 11, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-120 ADOPTED AUTHORIZING EXECUTION OF A CUSTOMER SERVICE AGREEMENT WITH CALL ONE, INC. FOR ANALOG TELEPHONE SERVICES Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII JULY 11, 2012 365 Resolution No. 12-120 RESOLUTION AUTHORIZING EXECUTION OF A CUSTOMER SERVICE AGREEMENT WITH CALL ONE, INC. FOR ANALOG TELEPHONE SERVICES 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 a Customer Service Agreement and related documents thereto on behalf of the City of Elgin with Call One, Inc. for analog telephone services, copies of which are attached hereto and made a part hereof by reference, and pursuant to a joint purchasing agreement through Suburban Purchasing Cooperative (SPC). s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Adopted: July 11, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T22-12 PASSED AMENDING THE 2011 BUDGET Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T22-12 AN ORDINANCE AMENDING THE 2011 BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2011 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference. JULY 11, 2012 VOLUME LXXVII 366 Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 11, 2012 Passed: July 11, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 11, 2012 Published: July 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G39-12 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT (300 SOUTH RANDALL ROAD) Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G39-12 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT (300 South Randall Road) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the AB Area Business District; and WHEREAS, the Planning & Zoning 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 & Zoning Commission. VOLUME LXXVII JULY 11, 2012 367 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 5. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 4 2012, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 6. That a conditional use to permit the establishment of accessory package liquor sales in the AB Area Business District at 300 South Randall Road legally described as follows: Being a subdivision of Part of the Southwest Quarter of Section 16, Part of the Southeast Quarter of Section 17, Part of the Northeast Quarter of Section 20 and Part of the Northwest Quarter of Section 21. All in Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Illinois. (Property commonly known as 300 South Randall Road). be and is hereby granted subject to the following conditions: 12. Substantial conformance with the Statement of Purpose and Conformance, submitted by Target Corporation, dated received April 16, 2012. . In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 13. Substantial conformance to the Existing Floor Plan for the Elgin Target store, submitted by Target Corporation, dated received March 13, 2012. 14. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 15. Compliance with all applicable codes and ordinances. Section 7. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 8. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor JULY 11, 2012 VOLUME LXXVII 368 Presented: July 11, 2012 Passed: July 11, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 11, 2012 Published: July 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Emergency Telephone System Board May 17, 2012 Committee of the Whole Minutes for June 13, 2012 City Council Minutes for June 13, 2012 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Setting of a Price for Sale or Lease of Property Owned by the Public Body - Exempt Under Section 120/2(c)(6) of the Open Meetings Act Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act VOLUME LXXVII JULY 11, 2012 369 Discussion of Minutes of Meetings Lawfully Closed Under This Act - Exempt Under Section 120/2(c)21) of the Open Meetings Act The meeting adjourned at 8:43 p.m. s/ Kimberly Dewis July 25, 2012 Kimberly Dewis, City Clerk Date Approved