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HomeMy WebLinkAboutb - January 23, 2013 CC17 VOLUME LXXVIII JANUARY 23, 2013 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 January 23, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:40 p.m. The Invocation was given by Pastor Tom Atamian from The Refuge and the Pledge of Allegiance was led by Corporation Counsel William Cogley. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 9, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the January 9, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Black History Family Festival: Healthy Body, Healthy Mind Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Mission of the Black History Family Festival is to use education and all aspects of cultural arts to creatively promote literacy while celebrating the diversity and rich history specific to the local and global African American experience; thereby empowering individuals, strengthening families, and uniting the greater community; and JANUARY 23, 2013 VOLUME LXXVIII 18 WHEREAS, The Vision of the Black History Family Festival is to promote literacy and unite the Elgin area in celebration of the African American experience; and WHEREAS, Through a variety of educational, entertaining and interactive programs the Black History Family Festival endeavors to “strike a chord” within each individual that encourages and facilitates the desire to learn more; and WHEREAS, The Festival promotes a community where learning is embraced for a lifetime; literacy becomes part of the collective culture; and where celebrating ethnic differences strengthens the resolve to strive for the greatness that resides within each of us; and WHEREAS, The Black History Family Festival in partnership with the City of Elgin, Elgin Community College, Gail Borden Library and the Hoffman Estates Links will present “Black History Family Festival: Healthy Body, Healthy Mind” at the Gail Borden Library from 2 p.m. – 5 p.m. on Saturday, February 2, 2013. NOW, THEREFORE, I David Kaptain , Mayor of the City of Elgin, Illinois, do hereby proclaim that henceforth, the first Saturday in February be recognized as Black History Family Festival Day in the City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 23th Day of January, 2013. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Danise Habun, from the Human Relations Commission, reviewed the recently held events honoring Dr. Martin Luther King Jr. Among the events held were a prayer breakfast, a day of service and a food drive. Bill Freiberg thanked the council for listening and discussing video gaming with the business owners and hoped they would make an informed decision regarding this issue. Norman Grocke, owner of Bowlway Lanes, thanked the city for the recent improvements to Willard Lane. Kathy Gilroy stated the reasons she was not in favor of allowing video gaming in the city. VOLUME LXXVIII JANUARY 23, 2013 19 BID 12-039 AWARDED TO VECTOR DISEASE CONTROL INTERNATIONAL FOR THE 2013 MOSQUITO CONTROL PROGRAM Councilmember Powell commented on the significant savings from the previous vendor. Brad Bohner, Public Health Coordinator, commented that Vector Disease Control International was new to the area, but had an extensive background in this field. Councilmember Powell made a motion, seconded by Councilmember Gilliam, to award a contract to Vector Disease Control International in the amount of $31,244 to provide mosquito management for the Kane County portion of the city of Elgin for the 2013 mosquito season. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. CONTRACT AWARDED TO MILES CHEVROLET FOR THE PURCHASE OF TWO (2) POLICE DEPARTMENT VEHICLES USING THE STATE OF ILLINOIS PROCUREMENT JOINT PURCHASING PROGRAM Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to award a contract to Miles Chevrolet in the amount of $55,690 for the purchase two police vehicles to replace existing fleet inventory remaining in service beyond acceptable replacement intervals. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. CONTACT AWARDED TO GLOBAL EMERGENCY PRODUCTS FOR THE PURCHASE OF A PIERCE ARROW XT 75-FOOT HAL AERIAL QUINT STOCK UNIT VEHICLE Fire Chief Fahy commented that by purchasing a stock unit the city saved a significant amount on the vehicle. He noted that the delivery time of the vehicle drops to sixty days instead of several months. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract to Global Emergency Products in the amount of $710,000 for the purchase of a Pierce Arrow XT 75-Foot HAL Aerial Quint Stock Unit Fire Vehicle with ladder capabilities that meets National Fire Protection Association response standards. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. JANUARY 23, 2013 VOLUME LXXVIII 20 CONTRACT AWARDED TO F.H. PASCHEN FOR RENOVATION OF CITY HALL, COUNCIL CHAMBERS SECURITY AND OPERATIONAL IMPROVEMENTS There was a brief discussion about the timetable for the renovations in the council chambers and in city hall. Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to award a contract to F.H. Paschen in the amount of $374,124 to renovate City Hall in order to provide for a safer and more efficient environment. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 44-12 APPROVED PROPOSING A TEXT AMENDMENT TO THE CITY’S ZONING ORDINANCE TO ESTABLISH A TREE PRESERVATION ORDINANCE Corporation Counsel Cogley provided a review of the proposed ordinance. The text amendment went through the Planning and Zoning Commission process and comes to the council with a recommendation of approval with a unanimous vote. Mr. Cogley noted that the ordinance was reviewed by the Sustainability Commission and they provided feedback regarding replacement trees and tree banking. There was discussion regarding the impact on a single family home lot and future developments. Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to approve Petition 44-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. RESOLUTION 13-11 ADOPTED AUTHORIZING EXECUTION OF A COMPLIANCE COMMITMENT AGREEMENT WITH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY REGARDING VIOLATION NOTICE NO. W-2012-00112 Councilmember Steffen 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. 13-11 RESOLUTION AUTHORIZING EXECUTION OF A COMPLIANCE COMMITMENT AGREEMENT WITH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY REGARDING VIOLATION NOTICE NO. W-2012-00112 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a Compliance Commitment Agreement with the Illinois Environmental Protection Agency on behalf of the City VOLUME LXXVIII JANUARY 23, 2013 21 of Elgin regarding Violation Notice No. W-2012-00112, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-12 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH COMMUNITY COLLEGE DISTRICT NO. 509 REGARDING THE SALE OF A 41 ACRE CITY PARCEL BORDERING THE SOUTH SIDE OF SPARTAN DRIVE AND THE WEST SIDE OF MCLEAN BOULEVARD There was discussion regarding zoning issues, plans for future development, and issues with truck parking. According to the agreement there would be a request to change the zoning from the current classification of the CF Community Facility Zoning District to the PNB Planned Neighborhood Business Zoning District. There were also concerns regarding the impact on the surrounding neighborhoods. Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: None. Councilmember Prigge abstained. Resolution No. 13-12 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH COMMUNITY COLLEGE DISTRICT NO. 509 REGARDING THE SALE OF A 41 ACRE CITY PARCEL BORDERING THE SOUTH SIDE OF SPARTAN DRIVE AND THE WEST SIDE OF MCLEAN BOULEVARD 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 Intergovernmental Agreement with Community College District No. 509 on behalf of the City of Elgin for the sale of a 41 acre city parcel bordering the south side of JANUARY 23, 2013 VOLUME LXXVIII 22 Spartan Drive and the west side of McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-13 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT WITH JBSS PROPERTIES, LLC REGARDING THE PURCHASE OF 750 S. STATE STREET Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: None. Councilmember Prigge abstained. Resolution No. 13-13 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT WITH JBSS PROPERTIES, LLC REGARDING THE PURCHASE OF 750 S. STATE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a real estate contract on behalf of the City of Elgin with JBSS Properties, LLC, for the purchase of property commonly known as 750 S. State Street for $8,000,000.00, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVIII JANUARY 23, 2013 23 Presented: January 23, 2013 Adopted: January 23, 2013 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-14 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH STORMWATER UTILITY DEVELOPMENT PROJECT (THIS ITEM MUST BE REMOVED FROM THE TABLE) Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to remove the item from the table for discussion. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. There was discussion regarding the scope of the study and the type of data that would result from the study. If the contract was awarded to them, Strand Associates, Inc. would perform an impervious area analysis, investigate current and future operation, maintenance, and compliance requirements and identify potential costs for capital improvements. Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to remove Task Order No. 12-04 (Public Outreach) from the agreement and to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 13-14 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH STORMWATER UTILITY DEVELOPMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement with Strand Associates, Inc. on behalf of the City of Elgin for engineering services in connection with the Stormwater Utility Development Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JANUARY 23, 2013 VOLUME LXXVIII 24 Presented: January 23, 2013 Adopted: January 23, 2013 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-15 ADOPTED AUTHORIZING EXECUTION OF A NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM AGREEMENT- SUSTAINABLE NEIGHBORHOOD PROJECT FUND WITH JUDSON UNIVERSITY IN CONNECTION WITH THE NEW VISIONS IN TEACHING SUSTAINABILITY DOCUMENTARY VIDEO PROJECT Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 13-15 RESOLUTION AUTHORIZING EXECUTION OF A NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM AGREEMENT-SUSTAINABLE NEIGHBORHOOD PROJECT FUND WITH JUDSON UNIVERSITY IN CONNECTION WITH THE NEW VISIONS IN TEACHING SUSTAINABILITY DOCUMENTARY VIDEO PROJECT 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 Neighborhood Improvement Grant Program Agreement-Sustainable Neighborhood Project Fund with Judson University on behalf of the City of Elgin in connection with the New Visions in Teaching Sustainability Documentary Video Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII JANUARY 23, 2013 25 RESOLUTION 13-16 ADOPTED AUTHORIZING EXECUTION OF A NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM AGREEMENT- SUSTAINABLE NEIGHBORHOOD PROJECT FUND WITH HOUSING AUTHORITY OF ELGIN IN CONNECTION WITH THE HA-ECO LITTER PREVENTION PROGRAM PROJECT Councilmember Moeller made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 13-16 RESOLUTION AUTHORIZING EXECUTION OF A NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM AGREEMENT-SUSTAINABLE NEIGHBORHOOD PROJECT FUND WITH HOUSING AUTHORITY OF ELGIN IN CONNECTION WITH THE HA-ECO LITTER PREVENTION PROGRAM PROJECT 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 Neighborhood Improvement Grant Program Agreement-Sustainable Neighborhood Project Fund with Housing Authority of Elgin on behalf of the City of Elgin in connection with the HA-ECO Litter Prevention Program Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 23, 2013 VOLUME LXXVIII 26 ORDINANCE G9-13 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO AMEND THE ELGIN ZONING ORDINANCE TO PROVIDE FOR AN INCREASE IN THE AREA OF DRIVE- THROUGH FACILITY GRAPHICS Councilmember Moeller made a motion, seconded by Councilmember Steffen, 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. G9-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO AMEND THE ELGIN ZONING ORDINANCE TO PROVIDE FOR AN INCREASE IN THE AREA OF DRIVE-THROUGH FACILITY GRAPHICS WHEREAS, written application has been made to amend the Elgin zoning ordinance to provide for an increase in the area of Drive-Through Facility Graphics; 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 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 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled “Special Street Graphics”, Subsection D thereof entitled “Drive-Through Facility Graphic” be and is hereby further amended in its entirety as follows: "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 sixty (60) square feet in surface area or eleven (11) linear feet in height. The maximum number of drive-through facility graphics shall be limited to two (2) graphics per business on a zoning lot. 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 VOLUME LXXVIII JANUARY 23, 2013 27 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." 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: January 23, 2013 Passed: January 23, 2013 Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G10-13 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO REMOVE AUTO SUPPLY STORES FROM THE LIST OF PROHIBITED LAND USES WITHIN AN ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT Councilmember Powell had concerns regarding the enforcement of this change. Community Development Director Marc Mylott noted that the inspectors would be made aware of the change and would deal with violations. Councilmember Prigge 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. JANUARY 23, 2013 VOLUME LXXVIII 28 Ordinance No. G10-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO REMOVE AUTO SUPPLY STORES FROM THE LIST OF PROHIBITED LAND USES WITHIN AN ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WHEREAS, written application has been made to remove Auto Supply Stores (retail only) from the list of prohibited land uses within an ARC Arterial Road Corridor Overlay District; 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 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 19.15.520 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection I thereof, entitled "Retail Trade Division:" be and is hereby further amended by deleting the following land use: Auto supply stores (5531). Section 2. That Section 19.35.230 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection B.5 thereof, entitled "Retail Trade Division" which section establishes certain conditional land uses within the RB Residence Business District, be and is hereby further amended by adding the following land use thereto: Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Section 3. That Section 19.35.330 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection B.5 thereof, entitled "Retail Trade Division" which section establishes certain conditional land uses within the NB Neighborhood Business District, be and is hereby further amended by adding the following land use thereto: VOLUME LXXVIII JANUARY 23, 2013 29 Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Section 4. That Section 19.35.430 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection A.6 thereof, entitled "Retail Trade Division" which section establishes certain permitted land uses within the AB Area Business District, be and is hereby further amended by adding the following land use thereto: Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Section 5. That Section 19.35.530 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection B.5 thereof, entitled "Retail Trade Division" which section establishes certain conditional land uses within the CC1 Center City Business District, be and is hereby further amended by adding the following land use thereto: Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Section 6. That Section 19.35.730 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection A.6 thereof, entitled "Retail Trade Division" which section establishes certain permitted land uses within the CC2 Center City Business District, be and is hereby further amended by adding the following land use thereto: Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Section 7. That Section 19.40.530 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use", Subsection A.5 thereof, entitled "Retail Trade Division" which section establishes certain permitted land uses within the CI Commercial Industrial District, be and is hereby further amended by adding the following land use thereto: Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Section 8. 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 9. 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 JANUARY 23, 2013 VOLUME LXXVIII 30 Presented: January 23, 2013 Passed: January 23, 2013 Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENTS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the authorization for payments report provided to Council. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G3-13 through G8-13 and adopt Resolution Nos. 13-6 through 13-10 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-6 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HOMER L. CHASTAIN & ASSOCIATES, LLP FOR ENGINEERING SERVICES (2013 HAMMOND COOKANE NEIGHBORHOOD STREET REHABILITATION PROJECT) Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 13-6 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HOMER L. CHASTAIN & ASSOCIATES, LLP FOR ENGINEERING SERVICES (2013 Hammond Cookane Neighborhood Street Rehabilitation Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Homer L. VOLUME LXXVIII JANUARY 23, 2013 31 Chastain & Associates, LLP for engineering services in connection with the 2013 Hammond Cookane Neighborhood Street Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-7 ADOPTED ACCEPTING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 13-7 RESOLUTION ACCEPTING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN’S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the proposal of Blue Cross Blue Shield of Illinois for the City of Elgin’s HMO and PPO medical insurance program for the period of March 1, 2013 through February 28, 2014. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Blue Cross Blue Shield of Illinois for the City of Elgin’s HMO and PPO medical insurance program. s/ David J. Kaptain David J. Kaptain, Mayor JANUARY 23, 2013 VOLUME LXXVIII 32 Presented: January 23, 2013 Adopted: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-8 ADOPTED AUTHORIZING EXECUTION OF A NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AGREEMENT WITH HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY FOR THE REHABILITATION AND SALE OF 315 JEWETT STREET Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 13-8 RESOLUTION AUTHORIZING EXECUTION OF A NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AGREEMENT WITH HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY FOR THE REHABILITATION AND SALE OF 315 JEWETT STREET 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 a Neighborhood Stabilization Program (NSP) Agreement on behalf of the City of Elgin with Habitat For Humanity of Northern Fox Valley for the rehabilitation and sale of the property commonly known as 315 Jewett Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII JANUARY 23, 2013 33 RESOLUTION 13-9 ADOPTED APPROVING PLAT OF ABROGATION OVER LOT 35 BOWES CREEK COUNTRY CLUB PHASE I SUBDIVISION (3600 BOWES ROAD) Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 13-9 RESOLUTION APPROVING PLAT OF ABROGATION OVER LOT 35 BOWES CREEK COUNTRY CLUB PHASE I SUBDIVISION (3600 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the plat of abrogation over lot 35 in the final plat of subdivision of Bowes Creek Country Club, Phase I prepared by ESE Consultants, Inc. Sheet 1 of 1 and dated November 28, 2012, for Bowes Creek Country Club Subdivision, Phase I. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-10 ADOPTED APPROVING PLAT OF ABROGATION OVER LOTS 311 AND 312 BOWES CREEK COUNTRY CLUB PHASE II SUBDIVISION (3600 BOWES ROAD) Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. JANUARY 23, 2013 VOLUME LXXVIII 34 Resolution No. 13-10 RESOLUTION APPROVING PLAT OF ABROGATION OVER LOTS 311 AND 312 BOWES CREEK COUNTRY CLUB PHASE II SUBDIVISION (3600 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the plat of abrogation over lots 311 and 312 in the final plat of subdivision of Bowes Creek Country Club, Phase II prepared by ESE Consultants, Inc. Sheet 1 of 1 and dated November 28, 2012, for Bowes Creek Country Club Subdivision, Phase II. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Adopted: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G3-13 PASSED PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. G3-13 AN ORDINANCE PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS Section 1. That Section 6.42.160 of the Elgin Municipal Code, 1976, as amended, entitled “Record of Transactions” be and is hereby further amended to read as follows: VOLUME LXXVIII JANUARY 23, 2013 35 “6.42.160: RECORD OF TRANSACTIONS: Throughout the term of the license, every pawnbroker shall report/upload to LeadsOnline, or the city’s current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought into a pawnbroker for sale, barter, trade, pledge or pawn by an individual (pawner/seller) at the same time and date, and includes the sale of non-junk/scrap articles by a pawnbroker or secondhand dealer to another person. Non-junk/scrap articles purchased by a pawnbroker from another business shall not be considered to be transactions for the purposes of this section, and are exempt from the reporting requirements of this section, and are also exempt from the waiting period established under Section6.42.190. Articles brought into a pawnbroker by an individual (pawner/seller) for sale, barter, trade, pledge or pawn at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. A. Transactions involving individually identifiable articles. 1. Purchases/receipts by licensees. Each individually identifiable article brought in to a pawnbroker by an individual (pawner/seller) for sale, barter, or trade during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following: a. Type of article b. Brand name/make/manufacturer (if applicable). c. Model number (if applicable). d. Serial number (if applicable). e. Color/finish. f. Any other identifying marks, writing, engraving, etc. 2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller’s first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. JANUARY 23, 2013 VOLUME LXXVIII 36 4. The date and time of the transaction. 5. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. B. Transactions involving non-individually identifiable articles. 1. Non-individually identifiable articles may be recorded/reported in bulk, but must specify the weight, type and form of the bulk material. 2. Each different type and form of non-individually identifiable articles brought in to a pawnbroker by an individual for sale, barter, or trade during a transaction shall be associated with the person who brought the material in. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller’s first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. A digital photograph or, if the licensee has a video system, video segment of each individual type & form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the city’s current electronic reporting system. 5. The date and time of the transaction. 6. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. C. Coins and paper money. 1. Purchases/receipts by licensees. a. Coins have no distinguishing characteristics that separate them from other coins of the same mintage, and although paper money is serial numbered, those serial numbers are so seldom known by their last possessor that paper money is effectively indistinguishable from other paper money of the same denomination. Furthermore, unlike coins made of precious metals, paper money seldom carries any value significantly VOLUME LXXVIII JANUARY 23, 2013 37 beyond the face value of the bill, and when stolen is usually used directly as cash and not sold to a currency dealer. Accordingly, coins or paper money brought in by an individual (pawner/seller) for sale, barter, or trade during a single transaction do not need to be itemized individually, but rather may be recorded/reported in bulk. b. Coins or paper money brought in to a pawnbroker by an individual (pawner/seller) for sale, barter, or trade during a transaction shall be associated with the person (pawner/seller) who brought the article in. The licensee shall record/report the following information for each such transaction: i. The name, current address and date of birth of the pawner/seller. ii. A digital photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller’s first and last name, current address, date of birth, and physical descriptors. iii. The date and time of the transaction. iv. The quantities and types of coins or paper money present. If coins are all of the same type, they shall be reported by either quantity or weight, and type (e.g., 5 Morgan silver dollars, 25 buffalo nickels, 5 lbs. of wheat pennies, etc.). If coins are from a collection, a description of the theme of the collection (e.g., Bicentennial coins, state quarters, etc.) along with the number of coins shall be provided. If coins represent an accumulation of disparate coins with no overall theme, a generic description of the type and quantity of coins shall be provided (e.g., approximately 200 U.S. coins of miscellaneous dates & denominations, approximately 100 foreign coins from various countries, etc.). Paper money shall be reported by quantity and type (e.g., 25 U.S. $5 silver certificates, etc.). v. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. 2. As a photograph of coins or paper money conveys no more information than can be obtained from the written descriptions required by Paragraph 3 (A)(II)(d) of this section, no photographs of coins or paper money are required. JANUARY 23, 2013 VOLUME LXXVIII 38 In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non- operation, be required to keep written records of any and all transactions made during the period of malfunction or non-operation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the city’s current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by the city treasurer or any peace officer during regular business hours." 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: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G4-13 PASSED GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP IN THE AB AREA BUSINESS DISTRICT (85 SOUTH AIRLITE STREET) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII JANUARY 23, 2013 39 Ordinance No. G4-13 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP IN THE AB AREA BUSINESS DISTRICT (85 South Airlite Street) WHEREAS, written application has been made requesting conditional use approval for an establishment of a motor vehicle repair shop in the AB Area Business District; and WHEREAS, the Planning and 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 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 December 3, 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 conditional use to permit the establishment of a motor vehicle repair shop in the AB Area Business District at 85 South Airlite Street and legally described as follows: Lot 3 of Raymond W. Young Subdivision, Being a Resubdivision of Lot 2 in Block 4 of Walter G. Macintosh & Co.’s Fox River Acres, Town of Elgin, Kane County, Illinois, in the City of Elgin, Kane County, Illinois. (Property commonly known as 85 South Airlite Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance and Attachments, submitted by Charles Kellenberger, dated received February 10, 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. 2. Substantial conformance to the Floor Plan, submitted by Charles Kellenberger, date received February 10, 2012. JANUARY 23, 2013 VOLUME LXXVIII 40 3. Substantial conformance to the Existing Landscape Plan, submitted by Charles Kellenberger date received July 13, 2012. 4. Substantial conformance to the Site Plan, submitted by Charles Kellenberger date received February 10, 2012. 5. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G5-13 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PROVIDE FOR DRINKING PLACES, AND OUTDOOR EATING AND DRINKING PLACES AS PERMITTED LAND USES IN THE CC1 AND CC2 CENTER CITY DISTRICTS Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII JANUARY 23, 2013 41 Ordinance No. G5-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED, “ZONING” TO PROVIDE FOR DRINKING PLACES, AND OUTDOOR EATING AND DRINKING PLACES AS PERMITTED LAND USES IN THE CC1 AND CC2 CENTER CITY DISTRICTS WHEREAS, written application has been made to provide for Drinking Places, and Outdoor Eating and Drinking Places as Permitted Land Uses in the CC1 and CC2 Center City Districts; 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 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 19.35.530 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use”, Subsection A.6 thereof entitled "Retail Trade Division” be and is hereby further amended by adding the following land uses thereto: Drinking places (alcoholic beverages) (5813). "Outdoor eating and drinking facilities" [SR] (UNCL). Section 2. That Section 19.35.530 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use”, Subsection B.5 thereof entitled "Retail Trade Division” be and is hereby further amended by deleting the land uses enumerated in Section 1 of this ordinance. Section 3. That Section 19.35.730 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use”, Subsection A.6 thereof entitled "Retail Trade Division” be and is hereby further amended by adding the following land uses thereto: Drinking places (alcoholic beverages) (5813). "Outdoor eating and drinking facilities" [SR] (UNCL). JANUARY 23, 2013 VOLUME LXXVIII 42 Section 4. That Section 19.35.730 of the Elgin Municipal Code, 1976, as amended, entitled “Land Use”, Subsection B.5 thereof entitled "Retail Trade Division” be and is hereby further amended by deleting the land uses enumerated in Section 3 of this ordinance. Section 5. 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 6. 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: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G6-13 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PERMIT CERTAIN ACCESSORY STRUCTURES ATTACHED TO THE PRINCIPAL BUILDING TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. G6-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO PERMIT CERTAIN ACCESSORY STRUCTURES ATTACHED TO THE PRINCIPAL BUILDING TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK WHEREAS, written application has been made to permit certain Accessory Structures attached to the Principal Building to encroach into the Required Rear Yard Setback; and VOLUME LXXVIII JANUARY 23, 2013 43 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 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 19.12.600 of the Elgin Municipal Code, 1976, as amended, entitled “Obstructions in Yards”, Subsection F thereof entitled “Rear Yard” be and is hereby further amended by adding the following sections thereto to read as follows: "9. Architectural: Balconies, encroaching no more than 15 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 40 feet; encroaching no more than 12 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 20 feet and no greater than 39 feet; this requirement being restricted only to those lots that have topography resulting in lookout or walkout basements, and for these accessory structures to be constructed at the main floor level (first floor); and subject to the provisions for land use of the zoning district in which it is located. 10. Architectural: Pergolas, screened-in porches, sunroom additions and retractable awnings that are attached to the principal building. encroaching no more than 15 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 40 feet; encroaching no more than 12 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 20 feet and no greater than 39 feet; this requirement being restricted only to those lots that back up to permanent open space; and subject to the provisions for land use of the zoning district in which it is located." Section 2. That the remaining subsections under Section 19.12.600 of the Elgin Municipal Code, 1976, as amended, entitled “Obstructions in Yards”, Subsection F thereof entitled “Rear Yard” be renumbered in sequence. Section 3. 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. JANUARY 23, 2013 VOLUME LXXVIII 44 Section 4. 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: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G7-13 PASSED AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" TO REQUIRE THE REMOVAL OF OBSOLETE SIGN COPY Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. G7-13 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STREET GRAPHICS” TO REQUIRE THE REMOVAL OF OBSOLETE SIGN COPY WHEREAS, the City of Elgin has made a concerted effort to require the maintenance and upkeep of all properties; and WHEREAS, the City Council of the City of Elgin finds that such property maintenance efforts are critical to maintaining property values and promoting economic development; and WHEREAS, the City Council finds that obsolete signs, more specifically sign copy which advertises businesses that are no longer operating, suggest that the environs are in a state of decline and are otherwise contrary to such property maintenance and economic development efforts; and VOLUME LXXVIII JANUARY 23, 2013 45 WHEREAS, written application has been made to amend the Elgin Zoning Ordinance to require the removal of such obsolete sign copy; 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 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 19.50.020 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions” be and is hereby further amended by adding in alphabetical order an additional definition thereto for the term “Obsolete Copy” to read as follows: “OBSOLETE COPY: Copy within a street graphic that once lawfully related, but no longer relates, to businesses, commodities, services, or entertainment provided on the premises on which the street graphic is located.” Section 2. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended, entitled “Prohibited” be and is hereby further amended by adding a new subparagraph T. thereto to read as follows: “T. Obsolete Copy: Notwithstanding the nonconforming provisions of this Chapter 19.50, all obsolete copy shall be removed within 30 days of the discontinuance of the activity which is the subject of said copy. Compliance with the requirement to remove obsolete copy is not satisfied by reversing (i.e. turning such copy so that it faces inward), rotating, altering, covering, or otherwise hiding or obfuscating such copy. In the case of obsolete copy upon panels within a street graphic frame, such panels shall be removed and replaced with a blank panel or panel with lawful copy. Similarly, no street graphic frame shall remain unfilled or allow any internal part or element of the street graphic structure to be visible, rather such frames shall contain a blank panel or panel with lawful copy. Notwithstanding the requirement in this section to remove obsolete copy, the development administrator upon written application from the property owner may authorize obsolete copy to remain on a street graphic located on a property within the CC1 or CC2 center city zoning districts, or on a property within a designated historic district or upon a designated historic landmark, upon a written finding by the development administrator that the obsolete copy conforms to at least one of the guidelines for retaining historic signs listed within the most recent version of Preservation Brief No. 25, ‘The Preservation of Historic signs’ issued by the National Parks Service, U.S. Department of Interior.” JANUARY 23, 2013 VOLUME LXXVIII 46 Section 3. 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 4. 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: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G8-13 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO ELIMINATE THE CLASS S LIQUOR LICENSE AND TO PROVIDE FOR A SPECIFIED NUMBER OF CLASS E-1 LIQUOR LICENSES Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. G8-13 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO ELIMINATE THE CLASS S LIQUOR LICENSE AND TO PROVIDE FOR A SPECIFIED NUMBER OF CLASS E-1 LIQUOR LICENSES 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 regulation of alcoholic liquor dealers pertains to the government and affairs of the city. VOLUME LXXVIII JANUARY 23, 2013 47 NOW, THEREFORE, 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 subparagraph U thereof which currently provides for a Class S liquor license, and by re-lettering the remaining subparagraphs accordingly. 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 to read as follows: "A. The number of class A licenses shall not exceed eleven (11) in number. B. The number of class A-1 licenses shall not exceed one (1) in number. C. The number of class B licenses shall not exceed twenty-four (24) in number. D. The number of class B-1 licenses shall not exceed ten (10) in number. E. The number of class B-2 licenses shall not exceed two (2) in number. F. The number of class B-3 licenses shall not exceed four (4) in number. G. The number of class B-4 licenses shall not exceed one (1) in number. H. The number of class C-1 licenses shall not exceed one (1) in number. I. The number of Class E-1 licenses shall not exceed six (6) in number. J. The number of class E-2 licenses shall not exceed three (3) in number. K. The number of class E-3 licenses shall not exceed three (3) in number. L. The number of class F licenses shall not exceed eleven (11) in number. M. The number of class F-1 licenses shall not exceed two (2) in number. N. The number of class M licenses shall not exceed six (6) in number. O. The number of class R licenses shall not exceed one (1) in number. P. The number of class R-1 licenses shall not exceed one (1) in number. Q. The number of class U licenses shall not exceed two (2) in number. JANUARY 23, 2013 VOLUME LXXVIII 48 R. The number of class V licenses shall not exceed one (1) in number. S. The number of class W licenses shall not exceed one (1) in number. T. The number of class X licenses shall not exceed two (2) in number." Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by deleting further references to a Class S liquor license. Section 4. 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 5. 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: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 Published: January 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Moeller, 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. Heritage Commission Design Review November 13, and 27 2012 Foreign Fire Insurance Tax Board October 19, 2012 Liquor Commission December 5, 2012 Police Pension Fund October 17, 2012 Police Pension Fund – Investment Committee November 28, 2012 Committee of the Whole Minutes for December 14, 2012 City Council Minutes for December 14, 2012 VOLUME LXXVIII JANUARY 23, 2013 49 Telecommunications Tax Sales Tax Local Sales Tax State Income Tax State Use Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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 9:05 p.m. s/ Kimberly Dewis February 13, 2013 Kimberly Dewis, City Clerk Date Approved