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HomeMy WebLinkAboutc - February 12, 2014 CC39 VOLUME LXXIX FEBRUARY 12, 2014 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 February 12, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Invocation was given by Eric Nelson from Administer Justice and the Pledge of Allegiance was led by Boy Scout Troop 21 who were represented by Josh von Rohr, Trevor Konieczny, and Ian Lopez. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 22, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve the January 22, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Elgin Sweeper Company 100th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Elgin Sweeper was invented by John Murphy and the company was founded in the City of Elgin in 1914, with the first sweeper being sold to the City of Boise, Idaho; WHEREAS, The Elgin Sweeper Company produces sweepers worldwide to over 90 countries and employs 320 employees, 108 of those being Elgin residents; and WHEREAS, In 1966, The Elgin Sweeper Company moved to its existing 208,000 square foot plant on West Bartlett Road; and FEBRUARY 12, 2014 VOLUME LXXIX 40 WHEREAS, In 1982, Elgin Sweeper Company was acquired by Federal Signal Corporation, which was founded in Chicago in 1901 and pioneered the electric sign industry, with a focus on public safety, security and environmental well-being; and WHEREAS, In 2014, the Elgin Sweeper Company is celebrating its landmark Anniversary of 100 years in business in Elgin. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby invite all citizens to join us in congratulating Elgin Sweeper Company on their landmark 100th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of February, 2014. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Deirdre White, from the Downtown Neighborhood Association, announced upcoming ribbon cuttings for several new businesses in the downtown. Rebecca Jensen expressed her concerns regarding the ventilation system and the chemicals used in water at the Centre pool. Ed Marsh also voiced his concerns regarding the ventilation system and noted that there are several large swim meets that are held at the Centre each year. BID 13-057 TABLED TO MUSCAT PAINTING AND DECORATING FOR THE RIVERSIDE WATER TREATMENT PLANT FIVE MILLION GALLON RESERVOIR PAINTING PROJECT Councilmember Steffen made a motion, seconded by Councilmember Moeller, to table Bid 13- 057 until the February 26, 2014, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. BID 14-002 AWARDED TO PLOTE CONSTRUCTION, INC. FOR THE 2014 NEIGHBORHOOD STREET RESURFACING PROGRAM-NORTH Councilmember Gavin made a motion, seconded by Councilmember Moeller, to a contract to Plote Construction Inc. in the amount of $1,603,600 for the 2014 Neighborhood Street Resurfacing Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. VOLUME LXXIX FEBRUARY 12, 2014 41 AWARDED A JOB ORDER CONTRACT TO F.H. PASCHEN FOR THE EPOXY FLOORING INSTALLATION AT VARIOUS CITY FACILITIES Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve a contract with F. H. Paschen in the amount of $419,961 for epoxy flooring installation at various city facilities. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AWARDED A JOB ORDER CONTRACT TO F.H. PASCHEN FOR WING PARK POOL RENOVATIONS AND RELATED EQUIPMENT There was discussion regarding the impact of the renovation work on the pool season and if the pool should open or remain closed for the season. There were concerns regarding the timing of hiring staff, if there were additional costs to have the work completed by a certain date, and the impact of the weather on the pool renovations. It was determined that staff would make the final determination regarding the Wing Park Pool season at a later date. Councilmember Dunne made a motion, seconded by Councilmember Moeller, to approve a contract with F. H. Paschen in the amount of $864,605 for renovations to the Wing Park Pool and related equipment. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AWARDED A TOTAL COOPERATIVE PURCHASING NETWORK CONTRACT TO TRANE FOR REPLACEMENT OF THE POOL VENTILATION UNIT AT THE CENTRE Councilmember Gavin made a motion, seconded by Councilmember Moeller, to approve a contract with Trane in the amount of $572,640 for the replacement of the pool ventilation unit at the Centre. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 39-13 APPROVED AMENDMENT TO PLANNED DEVELOPMENT ORDINANCES TO ALLOW ADDITIONAL ELEVATIONS FOR NEW SINGLE- FAMILY HOMES (SHADOW HILL SUBDIVISION UNIT 4) Marc Mylott, Community Development Director, provided an overview of the petition noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. FEBRUARY 12, 2014 VOLUME LXXIX 42 Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve Petition 39-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 40-13 APPROVED AMENDMENT TO PLANNED DEVELOPMENT ORDINANCES TO ALLOW ADDITIONAL ELEVATIONS FOR NEW SINGLE- FAMILY HOMES (COPPER SPRINGS SUBDIVISION) Marc Mylott, Community Development Director, provided an overview of the petition noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. Councilmember Gavin made a motion, seconded by Councilmember Dunne, to approve Petition 40-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 42-13 APPROVED FINAL PLAT FOR SEIGLE’S SUBDIVISION (1600 BIG TIMBER ROAD, 1616 BIG TIMBER ROAD, 1140 NORTH MCLEAN BOULEVARD AND 1150 NORTH MCLEAN BOULEVARD) Marc Mylott, Community Development Director, provided an overview of the petition noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 42-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-12 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO FINAL PLAT OF SUBDIVISION OF RANDALL ROSE AUTO MALL WITH RANDALL 90 LLC, HEATH 79 LLC, SWC RAND & WILLOW LLC, WOLF & LARAWAY LLC, ELGIN AUTO MALL LOT 1, LLC, ELGIN AUTO MALL LOT 2, LLC AND COUNTY OF KANE Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX FEBRUARY 12, 2014 43 Resolution No. 14-12 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO FINAL PLAT OF SUBDIVISION OF RANDALL ROSE AUTO MALL WITH RANDALL 90 LLC, HEATH 79 LLC, SWC RAND & WILLOW LLC, WOLF & LARAWAY LLC, ELGIN AUTO MALL LOT 1, LLC, ELGIN AUTO MALL LOT 2, LLC AND COUNTY OF KANE 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 First Amendment To Final Plat of Subdivision of Randall Rose Auto Mall on behalf of the City of Elgin with Randall 90 LLC, Heath 79 LLC, SWC Rand & Willow LLC, Wolf & Laraway LLC, Elgin Auto Mall Lot 1, LLC Elgin Auto Mall Lot 2, LLC, and County of Kane, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 12, 2014 Adopted: February 12, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G10-14 PASSED GRANTING A CONDITIONAL USE TO EXPAND A COMMERCIAL ANTENNA TOWER IN THE GI GENERAL INDUSTRIAL DISTRICT (1591 FLEETWOOD DRIVE) Councilmember Gavin made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 12, 2014 VOLUME LXXIX 44 Ordinance No. G10-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO EXPAND A COMMERCIAL ANTENNA TOWER IN THE GI GENERAL INDUSTRIAL DISTRICT (1591 Fleetwood Drive) WHEREAS, written application has been made requesting conditional use approval to expand a commercial antenna tower in the GI General Industrial District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 6, 2014, made by the Planning & 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 expand a commercial antenna tower in the GI General Industrial District at 1591 Fleetwood Drive, and legally described as follows: Parcel 1: That part of Lot 1 in Burnidge Bros. Industrial Park Block D of Unit 1, being a subdivision of Part of the Southeast Quarter of Section 21 and part of the Southwest Quarter of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Lot 1; thence, Easterly along the Northerly line of said Lot 1 a distance of 254.08 feet for the place of beginning; thence continuing Easterly along said Northerly line a distance of 170.94 feet; thence Southerly perpendicular to said Northerly line a distance of 254.08 feet to a point on the Southerly line of said Lot 1 that is 464.97 feet Easterly (measured along said Southerly line) the most Westerly line of said Lot 1; thence Westerly along said Southerly line a distance of 170.95 feet to a point on said Southerly line that is 294.02 feet Easterly of (measured along said Southerly line) the most Westerly line of said Lot 1; thence Northerly along a line that is perpendicular to the Northerly line of said Lot 1 a distance of 255.68 feet to the place of beginning, containing 1.00 acres more or less and being situated in the City of Elgin, Elgin Township, Kane County, Illinois. Parcel 2: That part of Lot 1 in Burnidge Bros. Industrial Park Block D of Unit 1, being a subdivision of part of the Southeast Quarter of Section 21 and part of the Southwest VOLUME LXXIX FEBRUARY 12, 2014 45 Quarter of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Lot 1; thence Easterly along the Northerly line of said Lot 1 a distance of 289.10 feet; thence Southerly at right angles to said Northerly line a distance of 255.68 feet to a point on the Southerly line of said Lot 1 that is 294.02 feet Easterly of (measured along said Southerly line) the most Westerly line of said Lot; thence Westerly along Southerly line of said Lot 1 a distance of 294.02 feet to the most Westerly line of said Lot 1; thence Northerly along the most Westerly line of said Lot 1 a distance 258.67 feet to the place of beginning, containing 1.721 acres more or less and being situated in the City of Elgin, Elgin Township, Kane County, Illinois (Property Commonly Known As 1591 Fleetwood Drive). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Ryan Breen, Permit Specialist, National Wireless Ventures, LLC, dated November 3, 2013. 2. Substantial conformance to Plat of Survey, last revised date August 13, 2013, (Sheets 1- 3) and Construction Drawings (Sheets 1-21), dated November 1, 2013, prepared by John M. Banks Architect. 3. 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: February 12, 2014 Passed: February 12, 2014 Vote: Yeas: 9 Nays: 0 Recorded: February 12, 2014 Published: February 14, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 12, 2014 VOLUME LXXIX 46 CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass Ordinance Nos. G8-14 and G9-14 and adopt Resolution Nos.14-9 through 14-11 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-9 ADOPTED AUTHORIZING EXECUTION OF A FLEXIBLE BENEFITS PLAN ADMINISTRATION AGREEMENT WITH GENESIS EMPLOYEE BENEFITS, INC. FOR FLEXIBLE SPENDING PROGRAM ADMINISTRATIVE SERVICES Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-9 RESOLUTION AUTHORIZING EXECUTION OF A FLEXIBLE BENEFITS PLAN ADMINISTRATION AGREEMENT WITH GENESIS EMPLOYEE BENEFITS, INC. FOR FLEXIBLE SPENDING PROGRAM ADMINISTRATIVE SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a flexible benefits plan administration agreement on behalf of the City of Elgin with Genesis Employee Benefits, Inc. for flexible spending program administrative services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 12, 2014 Adopted: February 12, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX FEBRUARY 12, 2014 47 RESOLUTION 14-10 ADOPTED AUTHORIZING EXECUTION OF A HEALTH REIMBURSEMENT ARRANGEMENT ADMINISTRATION AGREEMENT WITH GENESIS EMPLOYEE BENEFITS, INC. FOR HEALTH REIMBURSEMENT ARRANGEMENT ADMINISTRATIVE SERVICES Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-10 RESOLUTION AUTHORIZING EXECUTION OF A HEALTH REIMBURSEMENT ARRANGEMENT ADMINISTRATION AGREEMENT WITH GENESIS EMPLOYEE BENEFITS, INC. FOR HEALTH REIMBURSEMENT ARRANGEMENT ADMINISTRATIVE SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a health reimbursement arrangement administration agreement on behalf of the City of Elgin with Genesis Employee Benefits, Inc. for health reimbursement arrangement administrative services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 12, 2014 Adopted: February 12, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-11 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 12, 2014 VOLUME LXXIX 48 Resolution No. 14-11 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 July 2013, through December, 2013 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: February 12, 2014 Adopted: February 12, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX FEBRUARY 12, 2014 49 ORDINANCE G8-14 PASSED AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G8-14 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STREET GRAPHICS” WHEREAS, written application has been made to amend the Elgin Zoning Ordinance regarding the manner in which street graphics are regulated; and, WHEREAS, the Planning & Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Planning & Zoning Commission has forwarded the proposed amendments to the City Council with a recommendation for approval; and finding that the proposed amendments: Will enhance the effectiveness of the zoning ordinance; a) Will provide additional flexibility to businesses and other entities with frontage along North State Street without risking the existing character along this stretch of road; b) 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 19.50.090I of the Elgin Municipal Code, 1976, as amended, entitled “Electric Changeable Copy Graphic” be and is hereby further amended by amending subparagraph 3 thereof to read as follows: "3. Maximum Size: Except as otherwise provided for electronic changeable copy graphics on a zoning lot [SR] with frontage along Randall Road or with frontage along that portion of Illinois Route 31 (North State Street) from Interstate 90 North to the city limits as provided for in subsection I5f(2)(A) of this section, the maximum size of the total electronic display FEBRUARY 12, 2014 VOLUME LXXIX 50 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." Section 2. That Section 19.50.090I of the Elgin Municipal Code, 1976, as amended, entitled "Electronic Changeable Copy Graphic" be and is hereby further amended by amending subparagraph 5b thereof to read as follows: "b. Except as otherwise provided for electronic changeable copy graphics on a zoning lot [SR] with frontage along Randall Road or with frontage along that portion of Illinois Route 31 (North State Street) from Interstate 90 North to the city limits as provided for in subsection I5f(2)(B) of this section, 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." Section 3. That Section 19.50.090I of the Elgin Municipal Code, 1976, as amended, entitled "Electronic Changeable Copy Graphic" be and is hereby further amended by amending subparagraph 5f(2) thereof to read as follows: "(2) In conjunction with an authorized principal use [SR] upon a zoning lot [SR] with frontage along Randall Road or with frontage along that portion of Illinois Route 31(North State Street) from Interstate 90 North to the city limits. Such electronic changeable copy VOLUME LXXIX FEBRUARY 12, 2014 51 graphics shall comply with the provisions of this subsection I, except: (A) The maximum size of the total electronic display panel(s) of an electronic changeable copy graphic shall be the lesser of: (i) 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 (ii) Forty (40) square feet for a monument graphic; or (iii) 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." 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 FEBRUARY 12, 2014 VOLUME LXXIX 52 Presented: February 12, 2014 Passed: February 12, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 12, 2014 Published: February 14, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G9-14 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PROVIDE FOR REGULATIONS RELATING TO MEDICAL CANNABIS Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G9-14 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO PROVIDE FOR REGULATIONS RELATING TO MEDICAL CANNABIS WHEREAS, the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act (hereinafter referred to as “the Act”) to allow patients with debilitating medical conditions to use medical cannabis without being subject to arrest, prosecution, or denial of any right or privilege, and the Act is effective January 1, 2014; and WHEREAS, the Act allows for the establishment of medical cannabis cultivation centers and dispensing centers throughout the state; and WHEREAS, the Act establishes that local governments may not unreasonably prohibit such establishments; and WHEREAS, written application has been made to amend the Elgin Zoning Ordinance regarding the manner in which medical cannabis cultivation centers and dispensing centers 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 VOLUME LXXIX FEBRUARY 12, 2014 53 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: Promote the public health, safety, comfort, morals, convenience, and general welfare; Conserve the taxable value of land and structures throughout the City; and Prohibit uses which are incompatible with the character of the preservation, conservation, residence, community facility, business, and industrial zoning districts; 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 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions and Regulations,” be and is hereby further amended to add the following language: MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. A “medical cannabis cultivation center” [SR] shall be subject to the following supplementary regulations: A. A “medical cannabis cultivation center” [SR] shall not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, area zoned for residential use, “emergency shelter” [SR], or “public parks, recreation, and open space” [SR]. B. All aspects of a “medical cannabis cultivation center” [SR] shall be contained within a completely enclosed building. C. Any new building intended to be occupied by a “medical cannabis cultivation center” [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14. D. Where a “medical cannabis cultivation center” [SR] requires a conditional use prior to occupancy, the application for said conditional use shall include a security and outdoor lighting plan. The Elgin Police Department shall review the security and outdoor lighting plan and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. FEBRUARY 12, 2014 VOLUME LXXIX 54 MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the State of Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a “Medical Cannabis Cultivation Center” [SR] for the purpose of dispensing cannabis and educational material to registered qualifying patients. A. A “medical cannabis dispensing organization” [SR] shall not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, area zoned for residential use, “emergency shelter” [SR], or “public parks, recreation, and open space” [SR]. B. A “medical cannabis dispensing organization” [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. C. Any new building intended to be occupied by a “medical cannabis dispensing organization” [SR] shall comply with the architectural standards for a commercial building established within Chapter 19.14. D. A “medical cannabis dispensing organization” [SR] shall not include a “drive through facility” [SR]. E. Where a “medical cannabis dispensing organization” [SR] requires a conditional use prior to occupancy, the application for said conditional use shall include a security and outdoor lighting plan. The Elgin Police Department shall review the security and outdoor lighting plan and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. Section 2. That Section 19.40.330 B. of the Elgin Municipal Code, 1976, as amended, entitled “Conditional Uses” (Land Use, GI General Industrial District) be and is hereby further amended to create the following new section: 1. Agriculture division: “Medical cannabis cultivation center” [SR]. Section 3. That Section 19.40.330 B.3. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following: “Medical cannabis dispensing organization” [SR]. Section 4. That Section 19.40.130 B. of the Elgin Municipal Code, 1976, as amended, entitled “Conditional Uses” (Land Use, ORI Office Research Industrial District) be and is hereby further amended to create the following new section: VOLUME LXXIX FEBRUARY 12, 2014 55 1. Agriculture division: “Medical cannabis cultivation center” [SR]. Section 5. That Section 19.40.130 B.3. of the Elgin Municipal Code, 1976, as amended, entitled “Services division” (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following: “Medical cannabis dispensing organization” [SR]. Section 6. That Section 19.15.520 of the Elgin Municipal Code, 1976, as amended, entitled “Land Use” (ARC Arterial Road Corridor Overlay District), be and is hereby further amended to create the following new section: A. Agriculture division: “Medical cannabis cultivation center” [SR]. Section 7. That Section 19.15.520 B. of the Elgin Municipal Code, 1976, as amended, entitled “Services Division” (Land Use, ARC Arterial Road Corridor Overlay District), be and is hereby further amended to add the following language: “Medical cannabis dispensing organization” [SR]. Section 8. All above affected sections of Title 19 shall be re-alphabetized accordingly. Section 9. 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 10. 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: February 12, 2014 Passed: February 12, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 12, 2014 Published: February 14, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 12, 2014 VOLUME LXXIX 56 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Dunne, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Emergency Telephone System Board for December 19, 2013 Parks and Recreation Advisory Board for October 29, 2013 Committee of the Whole for January 8, 2014 City Council Minutes for January 8, 2014 Electricity Tax Revenue Natural Gas Tax Revenue Telecommunications Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the meeting and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act The meeting adjourned at 8:07 p.m. s/ Kimberly Dewis February 26, 2014 Kimberly Dewis, City Clerk Date Approved