Loading...
HomeMy WebLinkAboutu - November 19, 2014 CC455 VOLUME LXXIX NOVEMBER 19, 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 November 19, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Lorraine Montgomery from New Hope Baptist Church and the Pledge of Allegiance was led by the Veterans of the Month: Jack Shales, Carl Menconi Chin Keomuongchahn. ROLL CALL Roll call was answered by Councilmembers Dunne (attended electronically), Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE NOVEMBER 5, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve the November 5, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Small Business Saturday Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The city of Elgin celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 23 million small businesses in the United States; and WHEREAS, small businesses employ over 55 percent of the working population in the United States; and WHEREAS, 87 percent of consumers in the United States agree that small businesses are critical to the overall economic health of the United States; and NOVEMBER 19, 2014 VOLUME LXXIX 456 WHEREAS, 93 percent of consumers in the United States agree that it is important for people to support the small businesses that they value in their community; and WHEREAS, Elgin supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim November 29, 2014 as SMALL BUSINESS SATURDAY in the City of Elgin and urge the residents of our community and communities across the country to support small businesses and merchants on this day and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this 19th Day of November, 2014 s/ David J. Kaptain Mayor Veteran of the Month Presentation George Rawlinson presented the following Veteran of the Month award recipients: Jack Shales – July, 2014, Carl Menconi – August, 2014, Chin Keomuongchahn – September, 2014. Each veteran was recognized for their military service and their contributions to the community. Elgin Police Department Lifesaving Award Police Sergeant Rick Santiago presented Officer Heather Farrell with the department lifesaving award for her efforts in performing the Heimlich maneuver at a lunch event held at Senior Services Associates in August. RECOGNIZE PERSONS PRESENT Ron Lange stated his support of the city moving forward with train quiet zones. He noted that the majority of residents of Fountain Square and River Place were also in favor of the quiet zones. Peter Bazos stated he was here for Petition 44-14 the planned family residence district at 508 North Mclean Boulevard should the council have any questions. VOLUME LXXIX NOVEMBER 19, 2014 457 BID 14-046 AWARDED TO FUERTES SYSTEMS LANDSCAPING FOR DOUGLAS PARK PLAYGROUND RENOVATION There was discussion regarding utilizing the funds at a different facility that had a greater need for the equipment and if it was an option to remove the equipment from the park. Councilmember Shaw made a motion, seconded by Councilmember Powell, to award Fuertes Systems Landscaping with a contract in the amount of $86,374 to renovate the Douglas Park and playground so it is fully compliant with the American with Disabilities Act. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 44-14 APPROVED AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G12-11 PROPERTY LOCATED AT 508 NORTH MCLEAN BOULEVARD Marc Mylott, Community Development Director, provided an overview of Petition 44-14 which requests an amendment to the PMFR Planned Multiple Family Residence District Ordinance G12-11. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. There was discussion regarding the density of the project, the timeline for construction and the revised setbacks. Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve Petition 44-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-167 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH UNITED WAY OF ELGIN FOR FUNDING REGARDING THE ESTABLISHMENT OF A LOCAL ALIGNMENT ORGANIZATION IN CONNECTION WITH THE ALIGNMENT USA EDUCATION INITIATIVE Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. Abstain: Councilmember Prigge. NOVEMBER 19, 2014 VOLUME LXXIX 458 Resolution No. 14-167 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH UNITED WAY OF ELGIN FOR FUNDING REGARDING THE ESTABLISHMENT OF A LOCAL ALIGNMENT ORGANIZATION IN CONNECTION WITH THE ALIGNMENT USA EDUCATION INITIATIVE 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 grant agreement with United Way of Elgin for funding regarding the establishment of a local Alignment organization in connection with the Alignment USA Education Initiative, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Adopted: November 19, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-168 ADOPTED AUTHORIZING EXECUTION OF A CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-168 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW 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 on behalf of the City of Elgin, a Contract For Sale of Water VOLUME LXXIX NOVEMBER 19, 2014 459 by the City of Elgin to the Village of Sleepy Hollow for the sale of water, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Adopted: November 19, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF CONSENT REGARDING THE ASSIGNMENT OF WIRELESS COMMUNICATIONS EQUIPMENT SITE AGREEMENT BETWEEN THE CITY OF ELGIN AND UNITED STATES CELLULAR OPERATING COMPANY OF CHICAGO, LLC DATED OCTOBER 26, 2006, TO T-MOBILE CENTRAL LLC (750 SUMMIT STREET) Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Abstain: Councilmember Shaw. Resolution No. 14-169 RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF CONSENT REGARDING THE ASSIGMENT OF WIRELESS COMMUNICATIONS EQUIPMENT SITE AGREEMENT BETWEEN THE CITY OF ELGIN AND UNITED STATES CELLULAR OPERATING COMPANY OF CHICAGO, LLC DATED OCTOBER 26, 2006, TO T-MOBILE CENTRAL LLC (750 Summit Street) 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 Letter of Consent regarding the Assignment of Wireless Communications Equipment Site Agreement Between the City of Elgin and United States Cellular Operating Company of Chicago, LLC dated October 26, 2006, to T-Mobile Central LLC, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor NOVEMBER 19, 2014 VOLUME LXXIX 460 Presented: November 19, 2014 Adopted: November 19, 2014 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G51-14 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO PROVIDE FOR REGULATIONS RELATING TO SOLAR ENERGY SYSTEMS (THIS ITEM MUST BE REMOVED FROM THE TABLE) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to remove Ordinance G51-14 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G51-14 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO PROVIDE FOR REGULATIONS RELATING TO SOLAR ENERGY SYSTEMS WHEREAS, the City of Elgin enacted the Sustainability Action Plan in August 2011, to encourage the community to pursue alternative and renewable sources of energy; and WHEREAS, the provision of solar energy systems on property within the community is consistent with the goals and objectives of the Sustainability Action Plan and will help to reduce community’s energy demand; and WHEREAS, written application has been made to amend the Elgin Zoning Ordinance to provide for the installation of solar energy systems on property; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in a manner provided by law; and VOLUME LXXIX NOVEMBER 19, 2014 461 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 energy conservation and the use of renewable energy by city of Elgin residents and businesses Develop clean and renewable energy alternatives unique to Elgin Pursue alternatives and renewable energy systems to reduce Elgin’s urban peak energy demand. 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: SOLAR ENERGY SYSTEMS – A solar collection system consisting of one or more building- mounted and/or ground-mounted solar collector devices and solar related equipment that uses the power of the sun to capture, distribute and/or store energy for on-site consumption of utility power within a principal or accessory structure, or for transmission of the generated power to the utility grid. A. General Definitions: 1. Design Height. The maximum height of the solar energy system measured in a vertical distance from the average grade on which the system is located, or from the roof surface on which the system is mounted. 2. Net Metering: An arrangement by which excess energy generated by a Renewable Energy System is distributed back to the electrical utility grid. 3. Solar Photovoltaic (PV). The technology that uses a semiconductor to convert light directly into electricity. 4. Solar Thermal. The technology that uses a collector panel to convert the suns thermal energy to heat a fluid such as water or antifreeze. 5. Photovoltaic Modules/Shingles (also known as Solar Shingles): Solar collection systems in the form of solar cells designed to look like conventional asphalt shingles. Photovoltaic shingles can take the form of individual cells or a linear strip of inter-connected semi- NOVEMBER 19, 2014 VOLUME LXXIX 462 rigid silicon solar cells that are sized like conventional shingles, continuous in area without interruption, and installed in a manner not to cause glare of sunlight to reflect onto adjacent properties. Photovoltaic shingles shall be permitted to be installed on up to 100 % of the roof surface, provided that they are incorporated into and installed to blend through the use of similar color and texture with the remaining materials of the roof. Photovoltaic Shingles shall comply with Sections R905.16 and 1507.17 of the 2012 International Building Code. 6. Renewable Energy System: A system that generates energy from natural resources such as sunlight, wind, and geothermal heat. 7. Solar Collection System. A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat. 8. Solar Energy System, Accessory. A solar collection system with a rated capacity of less than or equal to twelve (12) kilowatts for residential applications or a capacity of less than or equal to three hundred (300) kilowatts for commercial and industrial applications, or rated storage volume of the system of less than or equal to two hundred forty (240) gallons or that has a collector area of less than or equal to one thousand (1,000) square feet for thermal systems, and is intended to primarily reduce on-site consumption of utility power. A system is considered an accessory solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. Except as authorized by the City Council for public utility-scale purposes, all Solar Energy Systems shall be accessory to a principal use present on a zoning lot. 9. Solar Energy System, Building-Mounted: A Solar Energy System affixed to either the principal or accessory structure. 10. Solar Energy System, Ground-mounted: A Solar Energy System that is not attached to another structure and is affixed to the ground. A ground-mounted solar energy system shall be considered an accessory structure [SR]. A Solar Energy System that only powers ornamental and/or landscaping lights, where the solar photovoltaic cell or panel is an integral part of the light fixture, shall not be considered a ground-mounted system. 11. Solar Energy System, Utility-Scale: Any device or combination of devices or elements installed as the principal use on a zoning lot, which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for generating energy primarily for use off-site. Energy generated may be used to serve on- site power needs. A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the city acknowledging and approving such connection. VOLUME LXXIX NOVEMBER 19, 2014 463 12. Solar Related Equipment. Items including a solar photovoltaic cell, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy. 13. Solar Related Accessory Equipment. Solar Related Equipment that is not the primary collection device such as a photovoltaic cell, panel, or array, or solar hot air or water collector device. Accessory equipment includes that equipment such as but not limited to electric lines, pumps, heat exchangers, batteries, inverters, switches, unit/control boxes, all non-utility owned equipment, conduits, structures, fencing, and foundations intended to assist the primary solar collection device in transmitting the generated power to the principal structure on the property, or the to the utility grid. B. Maximum Number: 1. Building-mounted systems. The maximum number of Solar Energy Systems [SR] shall be one building-mounted system [SR] for each principal building [SR] or accessory structure [SR] on a zoning lot. 2. Ground-mounted systems. The maximum number of Solar Energy Systems shall be one ground-mounted system for each principal building on a zoning lot, not to exceed one system for each ½ acre of land area of each zoning lot. C. Location: 1. Ground-mounted Solar Energy Systems: Ground-mounted Solar Energy Systems shall only be located on zoning lots within non-residential zoning districts and on zoning lots within single-family residence and residence conservation districts that are greater than two (2) acres in land area. Ground-mounted systems shall be located only in the side and rear yards of a zoning lot, and the system shall be enclosed within a fence or wall no less than 4 feet high that completely surrounds the system. All openings in the fence (with the exception of those openings which allow direct access to the principal and accessory buildings on the premises) must have a self-closing, self-latching gate. The latch must be located at least 4 feet above grade or be inoperable from the outside. The fence must be constructed so that a 4 inch sphere cannot pass through at any point. Notwithstanding the provisions of Chapter 19.52, any action which would decrease the land area of a zoning lot below two (2) acres when that zoning lot is located within a single-family residence or residence conservation district shall require the removal of the ground-mounted solar energy system. 2. Building-mounted Solar Energy Systems located within residence and residence conservation districts shall be roof-mounted and only on those roof surfaces of principal and accessory structures that face an interior lot line. Where the effectiveness of a solar energy system requires that it be located on a roof surface facing a street lot line, the solar energy system shall not occupy more than 50% of NOVEMBER 19, 2014 VOLUME LXXIX 464 the roof surface facing such street lot line with the exception of Solar Energy System comprising of Photovoltaic Shingles, which are further defined within this section. In all instances, the systems shall be setback for a distance of no less than three (3) feet from the edge of a roof, and shall not extend beyond the ridge line of a roof. 3. Building-mounted Solar Energy Systems located within all other districts shall be mounted only on the roof of buildings in the manner as defined as follows: a. No Solar Energy System shall be located on the roof of a building in a manner so as to obstruct the free and clear access to the building by emergency personnel. A free and clear path of no less than four (4) feet shall be provided from the front, side and rear walls of the building to all points of roof-top access to the interior of the building. b. No Solar Energy System shall be located on the face of an existing structure or cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements. Solar Energy System shall setback no less than four (4) feet from the front, side and rear exterior walls of the building upon which it is mounted. D. Maximum Design Height: 1. Ground-Mounted Solar Energy Systems. Ground- or pole-mounted solar energy systems shall not exceed the maximum accessory structure height within the underlying district. 2. Building-Mounted Solar Energy System. a. A Building-Mounted Solar Energy System on a property within a residence or residence conservation district or where the principal use of the property is residential shall not exceed a maximum design height of twelve (12) inches as measured from the roof surface on which the system is mounted. For all other districts, a building-mounted Solar Energy System shall not exceed a maximum design height of five (5) feet as measured from the roof surface on which the system is mounted. b. The Solar Collection System Panel shall be parallel with the roof line where possible and shall not be elevated more than thirty degrees (30°) above the roof pitch at the point where it is attached, or elevated to a design height of no more than twelve (12) inches on property within a residence or residence conservation district or where the principal use of the property is residential whichever is less, or five (5) feet in all other zoning districts whichever is less. VOLUME LXXIX NOVEMBER 19, 2014 465 E. Additional Regulations: 1. Solar related accessory equipment shall be either roof-mounted or located within an enclosed building. Roof-mounted solar related accessory equipment shall be screened from view from public rights of way through the use of screening fences or walls. All screening shall be constructed fully of materials incorporating the principal building materials and architectural elements. 2. Compliance with City’s Building and Fire Codes: Building permit applications for solar energy systems shall be accompanied by standard drawings of all components of the structure, including the base, footings, frames and panels. An engineering analysis of the roof structure on which a building-mounted system is proposed to be located showing compliance with the Building Code and certified by a licensed professional engineer, except for single-panel solar energy systems weighing less than twenty-five (25) pounds. 3. Compliance with City’s Electric Code: Building permit applications for solar energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to Article 690 of the 2011 National Electric Code entitled “Solar Photovoltaic (PV) Systems. 4. Utility Notification: No solar energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. 5. Graphics: No graphics of any kind shall be permitted for installation on any portion of the solar energy system, except for any applicable warning and equipment information graphics required by the manufacturer or by federal, state or local regulations. 6. Lighting and Glare: Solar Energy Conversion Systems shall not be illuminated by artificial means, except where the illumination is specifically required by federal, state, or local regulation. Solar Energy Conversion Systems shall be designed with panels constructed in dark colored materials and covered with anti-reflective coatings, and be located and configured in a manner so as not to produce a concentrated reflection on surrounding properties. 7. Maintenance required: All Solar Energy Systems shall be kept in good repair and free from rust. 8. Compliance with the city’s Tree Preservation ordinance: Where applicable, a permit application for a solar energy conversion system shall be accompanied by a site plan including a tree survey indicating the type, species and diameter at breast height (DBH) of trees that will be removed to accommodate the system, NOVEMBER 19, 2014 VOLUME LXXIX 466 along with the measures proposed to be taken to comply with the tree replacement requirements of the ordinance. 9. Compliance with the city’s historic preservation ordinance: For properties designated as Elgin Historic Landmarks or those located within a designated historic district and subject to Title 20 of the Elgin Municipal Code - "Elgin Historic Preservation Ordinance," the location, design and installation of Solar Energy System shall also require a Certificate of Appropriateness (COA) in compliance with the Elgin Design Guideline Manual for Landmarks and Historic Districts. 10. Abandonment: A Solar Energy Conversion System shall be deemed abandoned if the use as a Solar Energy Conversion System is discontinued. There shall exist a rebuttable presumption that the use was intended to be abandoned if the normal operation of the system is stopped for a period of one (1) year. All components of an abandoned or unused Solar Energy Conversion System shall be removed within twelve (12) months of the cessation of operations unless an extension is approved the Code Enforcement Official. If an extension is not granted, such Solar Energy Conversion System shall be deemed a nuisance and subject to the requirements of the City’s property maintenance code, requiring removal at the property owner’s expense. Following the removal of the Solar Energy Conversion System, the owner or operator of the zoning lot shall restore the site and/or building roof surface to at least its original condition. Section 2. That the following sections of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended as follows: A. That Section 19.20.130.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, RC1 Residence Conservation District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] B. That Section 19.20.330.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, RC2 Residence Conservation District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] C. That Section 19.20.630.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, RC3 Residence Conservation District) be and is hereby further amended to add the following land use: VOLUME LXXIX NOVEMBER 19, 2014 467 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] D. That Section 19.25.130.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, SFR1 Single-Family Residence District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] E. That Section 19.25.330.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, SFR2 Single-Family Residence District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] F. That Section 19.25.530.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, TFR Two-Family Residence District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] G. That Section 19.25.730.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, MFR Multi-Family Residence District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] H. That Section 19.30.130.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, CF Community Facility District) be and is hereby further amended to add the following land uses: 6. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] “Utility Scale Solar Energy Systems” [SR] NOVEMBER 19, 2014 VOLUME LXXIX 468 I. That Section 19.35.230.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, RB Residence Business District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] J. That Section 19.35.330.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, NB Neighborhood Business District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] K. That Section 19.35.430.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, AB Area Business District) be and is hereby further amended to add the following land uses: 11. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] L. That Section 19.35.530.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, CC1 Center City Business District) be and is hereby further amended to add the following land uses: 9. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] M. That Section 19.35.730.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, CC2 Center City Business District) be and is hereby further amended to add the following land uses: 9. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] N. That Section 19.40.130.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] VOLUME LXXIX NOVEMBER 19, 2014 469 “Utility Scale Solar Energy Systems” [SR] O. That Section 19.40.330.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, GI General Industrial District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] “Utility Scale Solar Energy Systems” [SR] P. That Section 19.40.530.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, CI Commercial Industrial District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division “Accessory Solar Energy Systems” [SR] “Utility Scale Solar Energy Systems” [SR] Section 3. That Section 19.12.600.E. entitled “Obstructions in Yards” (Side Yards) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to add the following language: Miscellaneous: "Solar Energy Systems" [SR] that are ground-mounted and encroaching zero linear feet into the required "building" [SR] "setback" [SR] from an "interior lot line" [SR], and subject to the provisions for land use of the zoning district in which they are located. Section 4. That Section 19.12.800 entitled “Authorized Site Design Variations” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by replacing Paragraph C in its entirety: C. Height: To permit an increase in the required maximum height of a structure or a building. The maximum height of "Solar Energy Systems" [SR] shall not exceed ten percent (10%) of the maximum allowable height of such system. Applications to vary the maximum height of "Solar Energy Systems" shall be accompanied by the following additional information: 1. Scientific information, including but not limited to manufacturer's specifications and warranties, engineer's calculations and drawings and all such technical documents to justify the relationship of the proposed additional height to the efficiency of the particular system to be used. NOVEMBER 19, 2014 VOLUME LXXIX 470 2. A site plan, scaled to accurate dimensions, showing the location and height of the proposed facilities with respect to the subject site, as well as all structures within three hundred feet (300') of the subject property. 3. Mitigation to justify the additional requested height of the Solar Energy System. For ground-mounted systems, mitigation must be proposed through the use of increased setbacks from all lot lines and a combination of screening and landscape material. For building-mounted systems, mitigation must be proposed through the use of increased setbacks from the edge of the building and adequate screening designed in material, colors and textures similar to those of the building on which the system is installed. Section 5. All above affected sections of Title 19 shall be re-alphabetized accordingly. Section 6. 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 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Passed: November 19, 2014 Vote: Yeas: 9 Nays: 0 Recorded: November 19, 2014 Published: November 21, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENTS APPROVED TO DAVEY TREE EXPERTS AND JPC TREE FOR STORM DAMAGE CLEANUP IN ELGIN Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the authorization for payments to Davey Tree Experts and JPC Tree in the amounts of $42,322.50 and $194,700.00 respectively. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX NOVEMBER 19, 2014 471 CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G62-14 and adopt Resolution Nos. 14-162 through 14-166 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-162 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR ADDITIONAL CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD RESURFACING PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-162 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR ADDITIONAL CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD RESURFACING PROGRAM 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Wills Burke Kelsey Associates, Ltd. for additional construction engineering activities-Phase III engineering services in connection with the 2014 Neighborhood Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Adopted: November 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk NOVEMBER 19, 2014 VOLUME LXXIX 472 RESOLUTION 14-163 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TODAY’S UNIFORM, INC. FOR FIRE DEPARTMENT UNIFORMS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-163 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TODAY’S UNIFORM, INC. FOR FIRE DEPARTMENT UNIFORMS 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 an agreement on behalf of the City of Elgin with Today’s Uniform, Inc. for Fire Department uniforms, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Adopted: November 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-164 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH FEDERAL SIGNAL CORPORATION FOR FIFTEEN MECHANICAL SIREN CONTROL SYSTEMS FOR EMERGENCY WARNING SIRENS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX NOVEMBER 19, 2014 473 Resolution No. 14-164 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH FEDERAL SIGNAL CORPORATION FOR FIFTEEN MECHANICAL SIREN CONTROL SYSTEMS FOR EMERGENCY WARNING SIRENS 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 purchase agreement on behalf of the City of Elgin with Federal Signal Corporation for fifteen mechanical siren control systems for emergency warning sirens, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Adopted: November 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-165 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRANIFF COMMUNICATIONS, INC. FOR THE INSTALLATION OF NEW BATTERY BACKUP CONTROLLERS FOR FIFTEEN EXISTING WARNING SIREN SITES Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-165 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRANIFF COMMUNICATIONS, INC. FOR THE INSTALLATION OF NEW BATTERY BACKUP CONTROLLERS FOR FIFTEEN EXISTING WARNING SIREN SITES 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 purchase agreement on behalf of the City of Elgin with NOVEMBER 19, 2014 VOLUME LXXIX 474 Braniff Communications, Inc. for the installation of new battery backup controllers for fifteen existing warning siren sites, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Adopted: November 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-166 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT GRANT PROGRAM AGREEMENT WITH RONALD B. HOPKINS (1045 E. CHICAGO STREET-HOPKINS FORD) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-166 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT GRANT PROGRAM AGREEMENT WITH RONALD B. HOPKINS (1045 E. Chicago Street-Hopkins Ford) 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 business improvement grant program agreement on behalf of the City of Elgin with Ronald B. Hopkins for improvements to the property located at 1045 E. Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXIX NOVEMBER 19, 2014 475 Presented: November 19, 2014 Adopted: November 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G62-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO CREATE A NEW CLASS Z LICENSE FOR MOVIE THEATERS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G62-14 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO CREATE A NEW CLASS Z LICENSE FOR MOVIE THEATERS 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; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to create a new class of liquor license for movie theaters. 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 adding a new subparagraph W thereto to read as follows: “W. Class Z: For the retail sale of alcoholic liquor for consumption on the premises for establishments consisting of movie theaters, subject to the following restrictions and conditions: NOVEMBER 19, 2014 VOLUME LXXIX 476 1. A movie theater establishment qualifying for this license shall be kept, used and maintained, advertised and held out to the public as a full-time movie theater establishment regularly providing and showing movies to the public. 2. The licensee must first verify that every patron possessing or consuming alcoholic liquor is at least twenty-one (21) years of age. 3. The containers in which alcoholic beverages are served must be of a different color, size and design than those in which non-alcoholic beverages are served. 4. The licensee shall not serve or deliver more than one (1) alcoholic beverage to a customer at a time and no person shall have in his/her possession at any given time more than one (1) alcoholic beverage. 5. There may be no service of alcoholic beverages unless the movie theater is actually open for the showing of movies. Under no circumstances may alcoholic beverages be served more than one (1) hour prior to the advertised showing time of the first movie to be shown on any day or the earlier of (i) after the conclusion of the last movie to be shown on any day or (ii) 1:00 a.m. on Monday through Friday mornings and 2:00 a.m. on Saturday and Sunday mornings. 6. The licensee shall not permit any possession or consumption of alcohol by any person younger than twenty-one (21) years of age on the licensed premises, regardless of whether the alcohol was purchased from the licensee. 7. The licensee fee per year is Six Hundred Sixty Dollars ($660.00)." Section 2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued:” be and is hereby further amended by adding a new subparagraph Z thereto the read as follows: “Z. The number of Class Z licenses shall not exceed one (1) in number." Section 3. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled “Basset Training Requirements” be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding a reference to the class Z license. VOLUME LXXIX NOVEMBER 19, 2014 477 Section 4. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours" be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding thereto the additional license class of Z. 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: November 19, 2014 Passed: November 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 19, 2014 Published: November 21, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Board of Fire & Police Commissioners October 30, 2014 Cultural Arts Commission September 8, 2014 Hemmens Cultural Center Advisory Task Force October 7, 2014 Heritage Commission October 7, 2014 Planning and Zoning Commission October 6, 2014 Property Maintenance Board of Appeals November 5, 2013 Committee of the Whole Minutes October 22, 2014 City Council Minutes October 22, 2014 Disbursement Report NOVEMBER 19, 2014 VOLUME LXXIX 478 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Gavin, to adjourn and return to the Committee of the Whole meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:56 p.m. s/ Kimberly Dewis December 3, 2014 Kimberly Dewis, City Clerk Date Approved