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JULY 25, 2012 VOLUME LXXVII
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 25, 2012, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The
Invocation was given by Pastor Donehoo from First Congregational Church and the Pledge of
Allegiance was led by City Manager Sean Stegall.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Absent: None.
MINUTES OF THE JULY 11, 2012, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to approve the
July 11, 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
Girl Scout Gold Award Recipient Nicole Friesema Proclamation
WHEREAS, Nicole Friesema is an Elgin resident and 2012 graduate of Central High School; and
WHEREAS, Nicole has been a Girl Scout for 10 years and is a recent recipient of the Girl Scout
Gold Award; and
WHEREAS, The Girl Scout Gold Award is the highest award in Girl Scouting and recognizes
girls who make a difference in their communities and in their own lives; and
WHEREAS, Nicole received this award for creating a reading-themed mural at the Lily Lake
Grade School, which mural encourages children to read and do what they love; and
WHEREAS, Nicole was further honored by being invited to ride in the Grand Marshall car along
with Girl Scout CEO Vicki Wright in Elgin’s 2012 4th of July Parade.
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371
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby honor
and congratulate Nicole Friesema in receiving the Girl Scout Gold Award and wish her well in
all her future endeavors.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th Day of July, 2012.
s/ David J. Kaptain
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Representatives from the Downtown Neighborhood Association provided a summary of the 4th
of July parade and announced the winning entries.
Ina Dews asked that diversity should be considered when appointing members for various
commissions.
BID 12-026A REJECTED FOR RENOVATIONS AT EAST SIDE RECREATION
CENTER
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to reject the
contract with Osman Construction for renovation work at the East Side Recreation Center in the
amount of $1,936,000. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
BID 12-037 AWARDED TO JOHN NERI CONSTRUCTION FOR 2012 CBD WATER
MAIN IMPROVEMENT PROJECT
Councilmember Dunne made a motion, seconded by Councilmember Powell, to award the 2012
CBD Watermain Project bid to John Neri Construction to improve the city’s infrastructure with
the construction of new water main in the Central Business District. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays:
None.
JULY 25, 2012 VOLUME LXXVII
372
PETITION 19-12 APPROVED 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
Marc Mylott, Community Development Director, provided an overview and background on
Petition 19-12.
Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve
Petition 19-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 12-124 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION,
UNIT #54
Councilmember Prigge and Mayor Kaptain thanked staff and the union for their work on
reaching a fair and appropriate contract.
Councilmember Moeller asked if the budget is able to fund this contract and City Manager
Stegall indicated that it would.
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne abstained.
Resolution No. 12-124
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54
WHEREAS, representatives of the City of Elgin and representatives of the Policemen’s
Benevolent and Protective Association, Unit #54 have met and discussed wages, fringe benefits
and other working conditions; and
WHEREAS, said representatives have submitted for review and approval by the City
Council an agreement pertaining to such matters; and
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373
WHEREAS, the City Council has reviewed said agreement and finds that it is fair and
equitable for the City of Elgin and employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of
Elgin and the Policemen’s Benevolent and Protective Association, Unit #54, a copy of which is
attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Kimberly A.
Dewis, City Clerk, be and are hereby authorized and directed to execute said agreement and the
side letters associated with the agreement on behalf of the City of Elgin.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 25, 2012
Adopted: July 25, 2012
Vote: Yeas: 6 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember
Dunne, to pass Ordinance Nos. G43-12 and G44-12 and adopt Resolution Nos. 12-122 and 12-
123 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 12-122 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION
MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
JULY 25, 2012 VOLUME LXXVII
374
Resolution No. 12-122
RESOLUTION
RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE
CITY COUNCIL OF THE CITY OF ELGIN
WHEREAS, the City Council of the City of Elgin has met from time to time in executive
session for purposes authorized by the Illinois Open Meetings Act; and
WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such
executive sessions; and
WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City
Council has met in closed session to review all closed session minutes; and
WHEREAS, they have determined that a need for confidentiality still exists as to a
portion of the executive session minutes from the meetings set forth on the exhibit referred to
herein; and
WHEREAS, they have further determined that the remaining portion of the meetings
listed no longer require confidential treatment and should be made available for public
inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. The executive session minutes for the period from January, 2012 through
June, 2012 are hereby approved.
Section 2. The need for confidentiality still exists as to all or parts of those executive
session minutes set forth in Exhibit A.
Section 3. This resolution shall be in full force and effect from and after its passage.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 25, 2012
Adopted: July 25, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXVII JULY 25, 2012
375
RESOLUTION 12-123 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. 12-123
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Rebecca Hunter and John Wiedmeyer be and are hereby reappointed as members of the
Heritage Commission for a terms that expire on May 1, 2015.
BE IT FURTHER RESOLVED that William Briska, Dennis Roxworthy, Steven Stroud
and John Wiedmeyer be and are hereby reappointed as members of the Heritage Commission
Design Review Subcommittee for terms that expire on June 30, 2013.
BE IT FURTHER RESOLVED that Jack Roder and Beth Kruger be and are hereby
reappointed as members of the Planning and Zoning Commission for terms that expire on July 1,
2014.
BE IT FURTHER RESOLVED that Scott Savel be and is hereby appointed as a member
of the Heritage Commission for a term that expires on May 1, 2013.
BE IT FURTHER RESOLVED that Corey Dixon be and is hereby appointed as a
member of the Image Advisory Commission for a term that expires on December 1, 2015.
BE IT FURTHER RESOLVED that William Neylon be and is hereby appointed as
member of the Park and Recreation Board for a term that expires on May 1, 2015.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 25, 2012
Adopted: July 25, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JULY 25, 2012 VOLUME LXXVII
376
ORDINANCE G43-12 PASSED GRANTING DEVELOPMENT PLAN APPROVAL
PURSUANT TO A PAB PLANNED AREA BUSINESS DISTRICT (PORTILLO'S
RESTAURANT BUILDING ON LOTS 3 AND 4 AND SITE IMPROVEMENTS
ASSOCIATED WITH FUTURE RETAIL BUILDING ON LOT 10 IN ELGIN WAL-
MART/SAM'S CLUB SUBDIVISION) (1010, 1020 AND 1030 RANDALL ROAD)
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. G43-12
AN ORDINANCE
GRANTING DEVELOPMENT PLAN APPROVAL
PURSUANT TO A PAB PLANNED AREA BUSINESS DISTRICT
(Portillo’s Restaurant Building on Lots 3 and 4 and Site
Improvements Associated with Future Retail Building on Lot 10 in
Elgin Wal-Mart/Sam’s Club Subdivision)
(1010, 1020 and 1030 Randall Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
classified in the PAB Planned Area Business District (Ordinance No. G32-10); and
WHEREAS, written application has been made to permit the construction of a Portillo’s
Restaurant Building and the Site Improvements Associated with a Future Retail Building in the
PAB Planned Area Business District and in the ARC Arterial Road Corridor Overlay District;
and
WHEREAS, the development of certain property in the Elgin Wal-Mart/Sam’s Club
Subdivision was approved with the passage of Ordinance No. G32-10; and
WHEREAS, Ordinance No. G32-10 requires that prior to any other or further
development in the Elgin Wal-Mart/Sam’s Club Subdivision, the owner of the Subject Property
to be developed shall be required to submit a development plan to the city for a public hearing
and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments,
of the Elgin Municipal Code, 1976, as amended; 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 Zoning Commission.
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377
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 2, 2012, made by the Planning and Zoning Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2. That a development plan in the PAB Planned Area Business District, which
will permit the construction of a Portillo’s Restaurant Building on Lots 3 and 4 and only the Site
Improvements Associated with Future Retail Building on Lot 10 of the Elgin Wal-Mart/Sam's
Club Subdivision, those lots legally described as follows:
LOTS 3, 4 AND 10 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION BEING A
SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP
41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY,
ILLINOIS, ACCORDING TO THE FINAL PLAT THEREOF, RECORDED ON DECEMBER
6, 2011 AS DOCUMENT NO. 2011K073547.
Be and is hereby granted subject to the following conditions:
1. As it relates to Lot 10 of the Elgin Wal-Mart/Sam’s Club Subdivision, this grant
of development plan approval is for site improvements only. The city shall not
issue a building permit for the retail building until such time that the city council
approves elevations of the retail building in the same manner in which this
development plan approval was granted.
2. Upon Lot 4, the applicant shall replace the three deciduous trees proposed within
the 50-foot building setback parallel to Bowes Road and located just east of the
western lot line with three pine trees.
3. Substantial conformance to the three (3) pages titled, “Statement of Purpose,
Departures and Conformance,” date stamped June 15, 2012. In the event of any
conflict between such statement document and the other specific provisions of
this ordinance, the other specific provisions of this ordinance shall supersede and
control.
4. Substantial conformance to the following drawings pertaining to the site
improvements associated with the Portillo’s Restaurant Building, including
revisions per the Community Development Department, Engineering Division,
Fire Department, and Water Department, if any:
a. Portillo’s Restaurant Final Engineering Site Layout Plan, Sheet C-01,
prepared by ATWELL, dated June 14, 2012; and
b. Portillo’s Restaurant Final Engineering Site Landscape Plan, Sheet C-04,
prepared by ATWELL, dated June 14, 2012.
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5. Substantial conformance with the following drawings pertaining to the architecture
and construction of the Portillo’s Restaurant Building, prepared by Jensen & Jensen,
including revisions by the Community Development Department, Engineering
Division, Fire Department, and Water Department, if any:
a. Restaurant Rendering (“Proposed Restaurant for Portillo’s Hot Dogs”), dated
June 25, 2012;
b. Exterior Building Elevations, Sheets A-4.0 and A-4.1, both dated June 15, 2012;
c. Floor Plan & Notes, Sheet A-1.0, dated June 15, 2012; and
d. Trash Enclosure Plan, Elevations, and Sections, Sheet A-9.0, dated June 15,
2012.
6. Substantial conformance to the following drawings pertaining to only the site
improvements associated with a Future Retail Building, including revisions per
the Community Development Department, Engineering Division, Fire
Department, and Water Department, if any:
a. Retail Final Engineering Site Layout Plan, Sheet C-01, prepared by
ATWELL, dated June 14, 2012 and revised June 29, 2012; and
b. Retail Final Engineering Site Landscape Plan, Sheet C-04, prepared by
ATWELL, dated June 14, 2012 and revised June 29, 2012.
7. Substantial conformance with the drawing labeled Site Lighting Photometrics,
prepared by Jensen & Jensen, dated June 15, 2012 and the associated eight (8)
pages of fixture cut sheets, prepared by Lsi Industries, dated December 6, 2011.
8. Substantial conformance with the ten (10) pages of drawings pertaining to the
signage for the Portillo’s Restaurant Building and the Future Retail Building,
prepared by Olympic Signs, dated February 16, 2012, revised June 14, 2012 (except
Sheet 8 which was revised June 26, 2012), including revisions by the Community
Development Department, Engineering Division, Fire Department, and Water
Department, if any.
9. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G32-10. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, and the provisions
of Ordinance No. G32-10, this ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
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379
Presented: July 25, 2012
Passed: July 25, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 25, 2012
Published: July 27, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G44-12 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "ZONING"
Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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. G44-12
AN ORDINANCE
AMENDING TITLE 19
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "ZONING"
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance
regarding the manner in which street graphics are regulated; and,
WHEREAS, the Planning and Zoning Commission held a public hearing concerning the
proposed amendments after due notice in manner provided by law; and,
WHEREAS, the Planning and Zoning Commission has forwarded the proposed
amendments to the city council with a recommendation for approval and finding that the
proposed amendments:
a) Will enhance the effectiveness of the zoning ordinance;
b) Will provide additional flexibility to businesses and other entities along Randall Road
without risking the existing character along Randall Road;
c) Will provide city council with additional flexibility to approve unique graphics for
those business or other entities that propose unique architecture and/or architectural
treatments;
JULY 25, 2012 VOLUME LXXVII
380
d) Will provide city council with additional flexibility to approve graphics for those
businesses or other entities that, because of building placement and/or the location of
the site, have visibility to more than two sides of the building; and
e) Will not negatively affect city efforts to promote a positive image; and
WHEREAS, the Community Development Department recommends the requested
amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 19.50.040 of the Elgin Municipal Code, 1976, as amended,
entitled "Graphic Characteristics" be and is hereby further amended by amending subparagraphs
A, B, and C thereof to read as follows:
"A. Street graphics with changeable copy shall be allowed only in the CF community
facility district, NB neighborhood business district, AB area business district,
CC1 center city district, CC2 center city district, and CI commercial industrial
district zoning districts, as well as the like planned development districts.
B. Indirect illumination, external illumination, and internal illumination shall be
allowed in the CF community facility district, RB residence business district, NB
neighborhood business district, AB area business district, CC1 center city district,
CC2 center city district, ORI office research industrial district, GI general
industrial district and CI commercial industrial district zoning districts, as well as
the like planned development districts.
C. Neon shall be allowed only in the NB neighborhood business district, AB area
business district, CC1 center city district, CC2 center city district, and CI
commercial industrial district zoning districts, as well as the like planned
development districts."
Section 2. That Section 19.50.080 of the Elgin Municipal Code, 1976, as amended,
entitled "Wall and Integral Roof Graphics" be and is hereby further amended by amending
subparagraph C thereof entitled "Vertical Clearance" to read as follows:
"C. Vertical Clearance: All wall graphics, except authorized painted wall graphics,
shall have a minimum vertical clearance of nine (9) linear feet over a sidewalk or
a private driveway, and shall have a minimum vertical clearance of seventeen (17)
linear feet over a private street."
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Section 3. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph
C thereof entitled "Directional Graphic," by amending subparagraph D thereof entitled "Drive-
Through Facility Graphic," and by amending subparagraph I thereof entitled "Electronic
Changeable Copy Graphic" to read as follows:
"C. Directional Graphic: A directional graphic may be located at an exit or an
entrance to a premises that has two (2) or more driveways. The maximum surface
area for a directional graphic shall be not more than two (2) square feet on two-
lane streets or highways and on any highway with a posted travel speed of less
than thirty five (35) miles per hour, and not more than four (4) square feet on
multilane roads and on any highway with a posted travel speed of thirty five (35)
miles per hour or greater. Directional graphics shall be monument graphics with a
masonry base. The total height of a directional graphic shall not exceed three (3)
feet. Notwithstanding other provisions of this chapter, the area of the base of a
directional graphic shall be excluded from the maximum surface area allowed by
this section. Landscaping otherwise required for monument graphics shall not be
required for directional graphics.
D. Drive-Through Facility Graphic: A drive-through facility graphic may be located
in conjunction with a drive-through facility. A drive-through facility graphic shall
be either a monument graphic or a wall graphic. No drive-through facility graphic
shall exceed fifty (50) square feet in surface area or eleven (11) linear feet in
height, except that the surface area may be increased to no more than sixty (60)
square feet where the drive-through facility graphic is to be viewed by more than
one lane of drive-through traffic. The number and surface area of drive-through
facility graphics shall not limit the number or surface area of other allowable
signage on a zoning lot. Drive-through facility graphics shall be allowed only in
the NB neighborhood business district, AB area business district, CC2 center city
district, and CI commercial industrial district zoning districts, as well as the like
planned development districts.
I. Electronic Changeable Copy Graphic: An electronic changeable copy graphic
may be located only in compliance with the provisions of this section and the
other provisions of this chapter.
1. Type: All electronic changeable copy graphics shall be part of a
monument graphic. With the exception of the electronic display panel(s)
electrical changeable copy graphics shall be constructed entirely of
masonry.
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382
2. Zoning District Districts And Maximum Number: Electronic changeable
copy graphics shall be allowed only in the NB neighborhood business
district, the AB area business district, the CC2 center city district and the
CI commercial industrial district zoning districts, as well as the like
planned development districts. The maximum number of electronic
changeable copy graphics shall be one for each zoning lot.
3. Maximum Size: Except as otherwise provided for electronic changeable
copy graphics on a Zoning Lot [SR] with frontage along Randall Road as
provided for in subsection 5f2a hereof, the maximum size of the total
electronic display panel(s) of an electronic changeable copy graphic shall
be no more than twenty five percent (25%) of the total allowable
maximum surface area for the monument graphic in which the electronic
display area is to be located, provided that all the other requirements of
this chapter are followed. The maximum number of electronic display
panel(s) of an electronic changeable copy graphic shall be no more than
four (4) separate electronic display panel(s). The maximum size of each
electronic display panel of an electronic changeable copy graphic shall be
determined by the speed limit of the public right of way adjoining the yard
within the zoning lot on which the electronic changeable copy graphic is
located in accordance with the following requirements:
a. Speed limit of thirty (30) miles per hour or less: Each electronic
display panel shall not exceed sixteen inches (16") in height and
forty eight inches (48") in length.
b. Speed limit of thirty five (35) miles per hour to fifty (50) miles per
hour: Each electronic display panel shall not exceed twenty inches
(20") in height and sixty inches (60") in length.
c. Speed limit of fifty five (55) miles per hour or greater: Each
electronic display panel shall not exceed twenty four inches (24")
in height and seventy two inches (72") in length.
4. Location: In the NB neighborhood business district and the AB area
business district no electronic changeable copy graphic shall be located
within a street yard adjoining a local street, or a collector street, where the
property located directly opposite the public right of way is located within
a residence district.
5. Restrictions: An electronic changeable copy graphic shall be operated in
compliance with the following standards:
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a. Electronic changeable copy graphics shall display static text
messages only with no animation, effects simulating animation or
video. No continuous traveling, scrolling, flashing, spinning,
revolving, or shaking, or any other type of movement or motion of
an image shall be allowed.
b. Except as otherwise provided for electronic changeable copy
graphics on a Zoning Lot [SR] with frontage along Randall Road
as provided for in subsection 5f2b hereof, the rate of change for
any image shall be for a minimum period of two (2) hours, i.e.,
each image displayed shall be displayed for a minimum period of
two (2) hours.
c. Any message change sequence shall be accomplished immediately
with no transition by changing from one screen to another by
means of fade or dissolve mode.
d. Maximum brightness levels for electronic changeable copy
graphics shall not exceed five thousand (5,000) nits when
measured from the sign's face at its maximum brightness, during
daylight hours, and five hundred (500) nits when measured from
the sign's face at its maximum brightness between dusk and dawn,
i.e., the time of day between sunrise and sunset. Electronic
changeable copy graphics shall include an ambient light meter and
programmable or manual dimming capacity.
e. An electronic changeable copy graphic shall not be operated, in
whole or in part, as an off premises street graphic.
f. Additional Considerations. Electronic changeable copy graphics
shall be allowed only in the following circumstances:
1. In Conjunction with Motor Vehicle Service Stations.
Information displayed within an electronic changeable copy
graphic shall be limited to information required to be
displayed by law. Each electronic display panel within an
electronic changeable copy graphic shall display no more
than five (5) characters at any one time.
2. In Conjunction with an Authorized Principal Use [SR]
upon a Zoning Lot [SR] with Frontage along Randall Road.
Such electronic changeable copy graphics shall comply
with the provisions of this section 19.50.090. I., except:
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a. The maximum size of the total electronic display
panel(s) of an electronic changeable copy graphic
shall be the lesser of:
(1) No more than fifty percent (50%) of the total
allowable maximum surface area for the
monument graphic in which the electronic
display area is to be located; or
(2) Forty (40) square feet for a monument
graphic; or
(3) One hundred (100) square feet for a
shopping center identification monument
graphic.
Said panel(s) is not limited to a specific height or
length, except that one measure cannot be less than
twenty-five percent (25%) of the other measure.
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. All freestanding graphics upon the associated
zoning lot, including directional graphics, shall be
in compliance with all applicable requirements of
this chapter and other applicable requirements of
law unless those requirements have been previously
varied by city council approval of a planned
development or an area of special character. The
monument graphic in which the electronic display
area is to be located shall include a masonry base.
6. Limited To Conforming Graphics: An electronic changeable copy graphic
may be located only as part of a monument graphic which is in
compliance with all applicable requirements of this chapter and other
applicable requirements of law. No electronic changeable copy graphic
may be located as part of a nonconforming street graphic or
nonconforming street graphic structure."
Section 4. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited" be and is hereby further amended by amending subparagraphs F, O, Q, and
S to read as follows:
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"F. Roof graphics, except when designed in conjunction with an architectural detail
and approved by city council as part of a planned development or as part of a
development plan required by a planned development, and except integral roof
graphics. Authorized roof graphics designed in conjunction with an architectural
detail shall not count toward the allowable number and surface area of other wall
graphics.
O. Painted wall graphics, except when used as a nostalgic architectural feature and
approved by city council as part of a planned development or as part of a
development plan required by a planned development. In such instances, painted
wall graphics shall not count toward the allowable number and surface area of
other wall graphics.
Q. Electronic video display graphics.
S. Neon tube lighting or light emitting diode (LED) lighting outlining or
illuminating the features of a "building" [SR] or "structure" [SR] including, but
not limited to, windows, but excluding sign bands when approved by city council
as part of a planned development or as part of a development plan required by a
planned development."
Section 5. That Section 19.50.130 of the Elgin Municipal Code, 1976, as amended,
entitled "Variance" be and is hereby further amended by amending subparagraph B thereof
entitled "Authorized Graphic Variations" to read as follows:
"1. Surface Area: To permit an increase in the maximum graphic surface area in an
amount not to exceed twenty percent (20%) of the allowable maximum. Where a
building is located on a corner outlot within a shopping center and the adjacent
streets are limited access arterial streets [SR] or arterial streets [SR], the city
council may approve a departure greater than twenty percent (20%) of the
maximum graphic surface area as part of a planned development or as part of a
development plan required by a planned development.
2. Height: To permit an increase in the maximum height of a freestanding graphic in
an amount not to exceed twenty percent (20%) of the allowable maximum.
3. Number: To permit an increase in the allowable number of wall graphics by two
(2) where a building has more than two (2) primary building faces with limited
access arterial street [SR] or arterial street [SR] frontage. These departures may
only be approved by city council as part of a planned development or as part of a
development plan required by a planned development.
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4. Other Graphic Characteristics: To permit a departure from the requirements
regulating other graphic characteristics including location on the zoning lot.
Notwithstanding the foregoing, allowable departures from the requirements
regulating other graphic characteristics pursuant to a variation or pursuant to a
planned development shall not include being granted permission for a graphic
prohibited by section 19.50.110 of this chapter, as amended; being granted
permission for a type of graphic not otherwise allowed in the zoning district of the
property upon which a graphic is proposed to be erected, placed or maintained; or
being granted a departure of any of the requirements for an electronic changeable
copy graphic provided for in subsection 19.50.090I of this chapter, as amended, or
otherwise provided in this chapter, as amended."
Section 6. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 7. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 25, 2012
Passed: July 25, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 25, 2012
Published: July 27, 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.
Board of Fire & Police Commissioners Minutes for January 12 and March 8, 2012
Cultural Arts Commission – Next Wave Committee Minutes June 12, 2012
Parks and Recreation Board Minutes May 29, 2012
Committee of the Whole Minutes for June 27, 2012
City Council Minutes for June 27, 2012
Telecommunications Tax
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387
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 7:34 p.m.
s/ Kimberly Dewis August 8, 2012
Kimberly Dewis, City Clerk Date Approved