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HomeMy WebLinkAboutj - June 10, 2015 CC233 VOLUME LXXX JUNE 10, 2015 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 June 10, 2015, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:45 p.m. The Invocation was given Dale Jaacks of Gods Oasis by and the Pledge of Allegiance was led by Representative Steve Andersson. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 27, 2015, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the May 27, 2015, 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 ECC Baseball Coach Bill Angelo 600th Career Win Proclamation Councilmember Prigge read the following proclamation: PROCLAMATION WHEREAS, In 2015, Bill Angelo finished his 16th consecutive winning season and won his 600th game as Coach of Elgin Community College Men’s Baseball; and WHEREAS, Bill Angelo has been coaching at Elgin Community College since 1998 after playing at ECC in 1990 and 1991 where he was All-Skyway Conference and the team's Most Valuable Player; and JUNE 10, 2015 VOLUME LXXX 234 WHEREAS, In his 17 year career, he has taken teams to the National Junior College Athletic Association Division II World Series five times and also has been named Region IV and District coach of the year on five occasions; and WHEREAS, His teams have won seven Skyway Conference championships in the last 12 years, 12 Sectional titles in the last 14 years, five Region IV titles and five District titles; and WHEREAS, Under his leadership, more than 100 players have moved on to compete at the university-level, 20 have been named All-Americans and 10 players have been drafted with several others signing free agent contracts into professional baseball. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby extend sincere and warm congratulations and esteem to Coach Bill Angelo on the success of his winning season including his 600th career win. IN WITNESS WHEREOF, I have hereunto set my hand this 10th Day of June, 2015. David J. Kaptain Mayor Elgin Middle School Rugby Club Proclamation Councilmember Steffen read the following proclamation: PROCLAMATION WHEREAS, The Elgin Rugby Football Club was originally founded in 2011 as a high school boys competitive rugby program; and WHEREAS, In 2013, the club expanded and created a middle school program with five middle school players from the Elgin Area; and WHEREAS, Since 2013, the middle school program has grown to include boys and girls from many of the Elgin area middle and elementary schools; and WHEREAS, On May 13, 2015, Elgin middle school rugby players participated in the Rugby Illinois State Middle School Championship Series after going undefeated in the regular season and took 1st Place in the State for the U12 Division and 3rd Place in the State for the U14 Division. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to the Elgin Rugby Football Club on their success in the 2015 Illinois State Middle School Championship Series. VOLUME LXXX JUNE 10, 2015 235 IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of June, 2015. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Representative Steve Andersson introduced himself to the council and the audience, provided contact information, and invited everyone to an open house at his office location in Geneva. Chuck Keysor expressed his satisfaction with the progress of Code 2.0 and asked who pursued this action on the council. City Manager Stegall outlined the code concerns and questions that each of the council members had discussed with him and what influenced Code 2.0. BID 15-030 AWARDED TO GAND SOUND INSTALLATIONS FOR THE REPLACEMENT OF THE HEMMENS CULTURAL CENTER SOUND SYSTEM There was discussion regarding the flexibility and mobility of the system. Also discussed was the condition of the current system and how that system impacts those renting the Hemmens. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract to Gand Sound Installations in the amount of $248,900 for the replacement of the sound system within the Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 12-15 APPROVED AT 2801 ALFT LANE; AN APPLICATION BY NORTHERN BUILDERS, INC., FOR DEVELOPMENT PLAN APPROVAL PURSUANT TO THE PROVISIONS OF CHAPTER 19.60, PLANNED DEVELOPMENTS, OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED; TO CONSTRUCT A NEW 307,830 SQUARE-FOOT INDUSTRIAL BUILDING Marc Mylott, Community Development Director, provided an overview of Petition 12-15 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. There was discussion regarding the type of tenant sought for the spec building and comments about the type of landscaping that would be installed. Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve Petition 12-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JUNE 10, 2015 VOLUME LXXX 236 RESOLUTION 15-87 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ROUTINE MAINTENANCE OF STATE ROUTES WITHIN THE CITY LIMITS 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. 15-87 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ROUTINE MAINTENANCE OF STATE ROUTES WITHIN THE CITY LIMITS 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 an Intergovernmental Agreement with Illinois Department of Transportation on behalf of the City of Elgin for routine maintenance of state routes within the city limits, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-88 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AND AN AFFIDAVIT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION REVISING THE ENDING DATE IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE I PROJECT Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. VOLUME LXXX JUNE 10, 2015 237 Resolution No. 15-88 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AND AN AFFIDAVIT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION REVISING THE ENDING DATE IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE I PROJECT 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 an amendment and an affidavit on behalf of the City of Elgin with the Illinois Department of Transportation revising the ending date in connection with the Elgin Bikeway Route 4 Phase I Project, job number P-91-305-09, obligation AL 10251, copies of which are attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G23-15 PASSED AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" There was discussion regarding parameters for members of the public to add items to the agenda, the time frame to add items, and supporting documents for agenda items. 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. JUNE 10, 2015 VOLUME LXXX 238 Ordinance No. G23-15 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" 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, Chapter 2.08 of the Elgin Municipal Code, 1976, as amended, entitled "City Council" provides for certain regulations with respect to the City Council and meetings of the City Council; and WHEREAS, the City Council has determined that it is necessary and desirable to amend certain regulations with respect to City Council meetings and City Council agendas; and WHEREAS, regulations relating to City Council meetings and City Council agendas pertain to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.08.070 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending the introductory paragraph thereof to read as follows: "The city manager shall be responsible for the preparation of the agenda of city council meetings. The city manager shall also place matters on the city council agenda which are requested to be placed on the agenda by the mayor or two (2) or more members of the city council. Requests from the mayor or members of the city council for matters to be added to the agenda of the city council shall be to the city manager not less than seven (7) days prior to the date of the meeting. Requests from citizens for matters to be added to the agenda of the city council shall be presented in written form to the city manager not less than fourteen (14) days prior to the date of the meeting. The city manager shall determine whether to place such matters requested by citizens on the city council agenda. The city manager shall inform the city council of all requests by citizens to add matters to the agenda. Items placed on a city council agenda shall include within the associated agenda materials information describing the agenda item and the anticipated city council action being requested. Such requirement shall not apply to an agenda item which is purely informational and for which no city council action is anticipated to be requested at the meeting in question. The order of business to be observed at all regular meetings of the city council shall be as follows, unless a majority vote of all councilmen present suspends the established order of business:" VOLUME LXXX JUNE 10, 2015 239 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: June 10, 2015 Passed: June 10, 2015 Vote: Yeas: 8 Nays: 1 Recorded: June 10, 2015 Published: June 12, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G24-15 PASSED GRANTING A CONDITIONAL USE TO INSTALL A COMMERCIAL ANTENNA TOWER IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (925 SOUTH MCLEAN BOULEVARD) Councilmember Dunne 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, and Steffen. Nays: None. Mayor Kaptain abstained. Ordinance No. G24-15 AN ORDINANCE GRANTING A CONDITIONAL USE TO INSTALL A COMMERCIAL ANTENNA TOWER IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (925 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval to install a commercial antenna tower in the PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 6, 2015 and May 4, 2015 following due notice by publication; WHERAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact concerning said application; and JUNE 10, 2015 VOLUME LXXX 240 WHEREAS, the Community Development Department and the Planning and Zoning Commission recommended approval of said application, subject to the conditions below; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Community Development Department and the Planning and 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 May 4, 2015, made by the Community Development Department and 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 install a commercial antenna tower in the PORI Planned Office Research Industrial District at 925 South McLean Boulevard, and legally described as follows: Parcel One: Lot 3 Of Huron's Mclean Boulevard Subdivision Being A Part Of The North Half Of Section 27, Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of Elgin, Kane County, Illinois According To The Plat Thereof Recorded Nov. 3, 2006 As Document 2006k121145, and being situated in the City of Elgin, Elgin Township, Kane County, Illinois (Property Commonly Known As 925 South McLean Boulevard). Parcel Two: Easement For Ingress And Egress To Mclean Boulevard For Benefit Of Parcel One Created By The Reciprocal Easement, Maintenance, Operation And Restrictions Agreement Recorded Nov. 3, 2006 As Document 2006k121147 By Huron Investments and Development Co. LLC And Elgin Lodge No. 799 Loyal Order Of Moose. be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Jeffrey J. Risby, Chicago SMSA Limited Partnership on behalf of Verizon Wireless, dated October 10, 2014. 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 Plat of Survey, dated August 14, 2013, (Sheets LS-1), prepared by DLZ Industrial Surveying, Inc. VOLUME LXXX JUNE 10, 2015 241 3. Substantial conformance to Site Plan and Construction Drawings, last revised November 25, 2014, prepared by Architect Thaddeus A. Pacyniak, Concordia, Ltd. 4. Substantial conformance to the Statement for the need for this proposed facility and Site Justification Maps, submitted by Jeffrey J. Risby, received March 23, 2015. 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: June 10, 2015 Passed: June 10, 2015 Vote: Yeas: 8 Nays: 0 Abstain: 1 Recorded: June 10, 2015 Published: June 12, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Martinez made a motion, seconded by Councilmember Dunne, to pass Ordinance Nos. G19-15 through G22-15 and adopt Resolution Nos. 15-78 through 15-86 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-78 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH TROTTER AND ASSOCIATES, INC. FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE 2015 COLLECTOR STREET RESURFACING PROJECT Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. JUNE 10, 2015 VOLUME LXXX 242 Resolution No. 15-78 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TROTTER AND ASSOCIATES, INC. FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE 2015 COLLECTOR STREET RESURFACING 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 Trotter and Associates, Inc. for design, administration and planning engineering services in connection with the 2015 Collector Street Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-79 ADOPTED AUTHORIZING EXECUTION OF A LAND USE AGREEMENT WITH ELGIN BMX RIDERS ASSOCIATION, INC. FOR THE OPERATION OF THE BMX TRACK AT THE ELGIN SPORTS COMPLEX Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. 15-79 RESOLUTION AUTHORIZING EXECUTION OF A LAND USE AGREEMENT WITH ELGIN BMX RIDERS ASSOCIATION, INC. FOR THE OPERATION OF THE BMX TRACK AT THE ELGIN SPORTS COMPLEX 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 VOLUME LXXX JUNE 10, 2015 243 authorized and directed to execute a land use agreement on behalf of the City of Elgin with Elgin BMX Riders Association, Inc. for the operation of the BMX Track at the Elgin Sport Complex, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-80 ADOPTED AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. 15-80 RESOLUTION AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, is hereby authorized and directed to distribute grants to the following youth sports organizations for the purposes specified herein and pursuant to the terms and conditions in the agreements between the City of Elgin and the respective youth sports organizations: JUNE 10, 2015 VOLUME LXXX 244 Elgin National Little League – located at Summit Street and Hiawatha Drive  ADA compliance paving $ 2,000  Repair of backstop and gates $ 3,100 Total $ 5,100 American Legion - located in Wing Park  Scoreboard repairs (upgrade to wireless) $ 1,600 Total $ 1,600 Elgin Classic Little League – located in Wing Park  Scoreboard replacement $ 6,500  Storm damage repairs to girls dugout roof, irrigation $ 2,000 system, and electrical system Total $ 8,500 Trout Park Baseball – located in Trout Park (south of I-90, west of Route 25)  Right field line fence replacement $ 6,000  Bullpen turf/mounds $ 2,800 Total $ 8,800 Elgin Youth Football and Cheer – located in Drake Park (Hastings Street and Cookane Avenue)  ADA improvements to concession stand $ 1,500  Concession furnace repair $ 400  Portable lights (2 sets) $ 10,000 Total $ 11,900 Elgin BMX Riders Association - located in the Elgin Sports Complex  Electrical upgrades $ 8,800  Track upgrades $ 1,850  Concessions upgrades $ 3,450 Total $ 14,100 Total grant allocation $ 50,000 s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX JUNE 10, 2015 245 Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-81 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ELECTRONIC SPEED SIGNS IN CONNECTION WITH THE CITY OF ELGIN SAFE ROUTE TO SCHOOL PROJECT Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. 15-81 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ELECTRONIC SPEED SIGNS IN CONNECTION WITH THE CITY OF ELGIN SAFE ROUTE TO SCHOOL PROJECT 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 grant agreement with the Illinois Department of Transportation for the purchase of electronic speed signs in connection with the City of Elgin Safe Route To School Project, grant number SRTS- 014-0053, state job number P-40-053-14, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JUNE 10, 2015 VOLUME LXXX 246 RESOLUTION 15-82 ADOPTED AUTHORIZING PURCHASE OF TWO SPEEDALERT 24 RADAR MESSAGE SIGNS FROM ALL TRAFFIC SOLUTIONS Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. 15-82 RESOLUTION AUTHORIZING PURCHASE OF TWO SPEEDALERT 24 RADAR MESSAGE SIGNS FROM ALL TRAFFIC SOLUTIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to purchase two SpeedAlert 24 Radar Message Signs and related equipment from All Traffic Solutions for the total amount of $30,000, pursuant to the quotation therefor dated April 14, 2015, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-83 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH B&W CONTROL SYSTEM INTEGRATION, LLC FOR SERVER VIRTUALIZATION IN CONNECTION WITH THE RIVERSIDE SCADA REFRESH PROJECT Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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 LXXX JUNE 10, 2015 247 Resolution No. 15-83 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH B&W CONTROL SYSTEM INTEGRATION, LLC FOR SERVER VIRTUALIZATION IN CONNECTION WITH THE RIVERSIDE SCADA REFRESH PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER 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 B&W Control System Integration, LLC for server virtualization in connection with the Riverside SCADA Refresh Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-84 ADOPTED APPOINTING DEBRA NAWROCKI AS CITY TREASURER OF THE CITY OF ELGIN, ILLINOIS Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. JUNE 10, 2015 VOLUME LXXX 248 Resolution No. 15-84 RESOLUTION APPOINTING DEBRA NAWROCKI AS CITY TREASURER OF THE CITY OF ELGIN, ILLINOIS WHEREAS, the Mayor and members of the City Council concur in the appointment of Debra Nawrocki as City Treasurer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Debra Nawrocki be and is hereby appointed to the office of City Treasurer of the City of Elgin with all power, authority and duty of the office of City Treasurer, as established by the statutes of the State of Illinois and ordinances of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-85 ADOPTED REAPPOINTING KIMBERLY A. DEWIS AS CITY CLERK OF THE CITY OF ELGIN, ILLINOIS Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. 15-85 RESOLUTION REAPPOINTING KIMBERLY A. DEWIS AS CITY CLERK OF THE CITY OF ELGIN, ILLINOIS WHEREAS, Kimberly A. Dewis has heretofore been appointed City Clerk of the City of Elgin, Illinois; and WHEREAS, the Mayor and members of the City Council concur in the reappointment of Kimberly A. Dewis as City Clerk. VOLUME LXXX JUNE 10, 2015 249 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kimberly A. Dewis be and is hereby reappointed to the office of City Clerk of the City of Elgin with all power, authority and duty of the office of City Clerk, as established by the statutes of the State of Illinois and ordinances of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-86 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. 15-86 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Thomas Aagesen be and is hereby reappointed as a member of the Board of Fire and Police Commissioners for a term to expire May 1, 2018. BE IT FURTHER RESOLVED that Philip Laier be and is hereby reappointed as a member of the Emergency Telephone System Board (E-911) for a term to expire May 1, 2018. BE IT FURTHER RESOLVED that Eric Larson, Carl Missele and Tom Armstrong be and are hereby reappointed as members of the Park and Recreation Board for terms to expire on May 1, 2018. BE IT FURTHER RESOLVED that Fred Moulton be and is hereby appointed as a member of the Parks and Recreation Board for a term to expire on May 1, 2017. JUNE 10, 2015 VOLUME LXXX 250 BE IT FURTHER RESOLVED that Jay Cox and Stephen Silva be and are hereby reappointed as members of the Property Maintenance Board of Appeals for terms to expire on May 1, 2020. BE IT FURTHER RESOLVED that Andrew Cuming be and is hereby appointed as a member of the Property Maintenance Board of Appeals for a term to expire on May 1, 2020. BE IT FURTHER RESOLVED that Gary Masterson and David Segel be and are hereby reappointed as members of the Sustainability Commission for terms to expire June 1, 2018. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G19-15 PASSED AMENDING CHAPTER 3.70 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ELGIN HERITAGE COMMISSION" Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. G19-15 AN ORDINANCE AMENDING CHAPTER 3.70 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ELGIN HERITAGE COMMISSION” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.70.055 of the Elgin Municipal Code, 1976, as amended, entitled “Design Review Subcommittee,” be and is hereby further amended to read as follows: “3.70.055: DESIGN REVIEW SUBCOMMITTEE: VOLUME LXXX JUNE 10, 2015 251 A. Subcommittee Created: There is created the design review subcommittee of the Elgin heritage commission. The design review subcommittee shall be responsible for receiving applications for and issuing or denying certificates of appropriateness as provided in chapter 20.08 of this code, as amended. B. Composition: The design review subcommittee shall be composed of seven (7) members. Four (4) members of the subcommittee shall consist of one (1) representative from each of the city’s historic districts. Additionally, at least one (1) member of the subcommittee shall be a member of the heritage commission, and at least one (1) member of the subcommittee shall be a representative residing outside of the boundaries of the city’s historic districts (an “at-large” member). The seventh member of the subcommittee shall be an additional at-large member; provided, however, that if the city council determines that there is no qualified at-large nominee then the seventh member shall be an additional member of the heritage commission. Members of the subcommittee who are members of the heritage commission shall be elected by the entire heritage commission. Members of the subcommittee who are historic district representatives or at-large members shall be appointed by the city council. In those instances where there is no qualified historic district nominee, as determined in the sole discretion of the city council, from a particular historic district for which a vacancy on the design review subcommittee exists, the city council may appoint a representative from another historic district in the city to fill such vacancy. C. Terms: The terms of the members of the design review subcommittee shall be for three (3) years; however, of the members first elected or appointed, three (3) members shall be appointed for a term of three (3) years, three (3) members shall be appointed for a term of two (2) years, and one member shall be appointed to a term of one year. Terms of members shall expire on May 1 in the anniversary year of the appointment or election of the member. D. Officers: Officers of the design review subcommittee shall consist of a chairman and a vice chairman elected by members of the subcommittee. The chairman shall preside over meetings of the subcommittee. In the absence of the chairman, the vice chairman shall perform the duties of chairman. E. Meetings: The design review subcommittee shall meet upon the call of the chairman. No business shall be conducted by the design review subcommittee without the presence of a quorum consisting of more than one-half (1/2) of the subcommittee members then holding office. All actions of the subcommittee shall be made by majority vote of the members at any meeting where a quorum is present. F. Ex Officio Nonvoting Members: Upon the nomination of an area for designation as a historic district and the interim control thereof as provided in section 20.06.110 of this code, as amended, the heritage commission shall JUNE 10, 2015 VOLUME LXXX 252 invite a person who resides in such area to participate on the design review subcommittee as an ex officio nonvoting member thereof until final action by the city council on the proposed nomination. Any such ex officio nonvoting members shall not be considered or counted as members of the design review subcommittee for purposes of determining a quorum, necessary number of votes or otherwise.” 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: June 10, 2015 Passed: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 10, 2015 Published: June 12, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G20-15 PASSED AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. G20-15 AN ORDINANCE AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HISTORIC PRESERVATION” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 20.04 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions,” be and is hereby further amended to read in its entirety as follows: VOLUME LXXX JUNE 10, 2015 253 “20.04.005: GENERALLY: Unless specifically defined below, or unless specifically defined in title 19 of this code, words or phrases in this title shall be interpreted in accordance with definitions contained in Webster's dictionary. 20.04.010: TERMS DEFINED: ADAPTIVE USE: Rehabilitation of a historic structure for use other than its original use. ALTERATION: Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, addition, sandblasting, water blasting, chemical cleaning, chemical stopping, or removal of any structure, but not including changes to the color of exterior paint. AREA: A specific geographic division of the city. CERTIFICATE OF APPROPRIATENESS: A certificate issued by the building official or the Elgin heritage commission indicating its approval of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic district. CERTIFICATE OF ECONOMIC HARDSHIP: A certificate issued by the Elgin heritage commission authorizing an alteration, construction, removal or demolition even though a certificate of appropriateness has previously been denied. CITY COUNCIL: The city council of the city of Elgin. COMMISSION: The Elgin heritage commission. COMMISSIONERS: Voting members of the Elgin heritage commission. CONSTRUCTION: The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property. DEMOLITION: Any act or process that destroys in part or in whole a landmark or a structure within a historic district. DESIGN GUIDELINES: The “Design Guideline Manual” dated March 1997 (revised 2008), prepared by the Elgin heritage commission and consultant Thomason and Associates, and other guidelines which may be adopted by the city council from time to time. EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character and general composition of the exterior of a structure, or natural object, including, but not limited to, the kind and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements. JUNE 10, 2015 VOLUME LXXX 254 HISTORIC/ARCHITECTURAL REHABILITATION: The preservation and replacement of those portions and features, or the replacement of missing portions and features of a structure which contribute to its historic, architectural, and cultural value. HISTORIC DISTRICT: An area designated as a “historic district” by ordinance of the city council and which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic or architectural significance to be designated as landmarks, nevertheless contribute to the overall historic or architectural characteristics of the historic district. HISTORIC PRESERVATION: The thoughtful management saving from destruction or deterioration, old and historic buildings, sites, structures, and providing for their continued use by means of restoration, rehabilitation, or adaptive use. HISTORICALLY/ARCHITECTURALLY SIGNIFICANT RESIDENTIAL STRUCTURE: A residential structure listed as a significant or contributing structure, or a structure having the potential to be listed as a significant or contributing structure as a result of historic/architectural rehabilitation, within an Elgin historic district; or a residential structure designated as a landmark, or listed in the National Register of Historic Places. LANDMARK: A property, structure or natural object designated as a "landmark" by ordinance of the city council, pursuant to procedures prescribed in this title, that is worthy of rehabilitation, restoration and presentation because of its historic or architectural significance to the city. LAWFUL, CONFORMING RESIDENTIAL STRUCTURE: A residential structure determined by the city to be lawful and conforming with respect to use under title 19 of this code. OWNERS OF RECORD: The person, corporation or other legal entity who holds fee simple title in a subject property. PROPERTY MAINTENANCE CODE: The Building Officials and Code Administrators property maintenance code as amended and adopted by the city council of the city of Elgin. RECONSTRUCTION: The act or process of reproducing by new construction, the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time. REHABILITATION: The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. RELOCATION: Any repositioning of a structure on its site or moving it to another site. VOLUME LXXX JUNE 10, 2015 255 REPAIR: Any change that does not require a building permit that is not construction, relocation or alteration and does not alter the exterior architectural appearance of the structure. REPLICATION: Constructing a building so that it is an exact replica or imitation of a historic architectural style or period. RESIDENTIAL STRUCTURE: A structure used exclusively as a dwelling unit and for other uses permitted as accessory to a dwelling unit under title 19 of this code. RESTORATION: The act or process of accurately taking a building's appearance back to a specific period of time by removing later work and by replacing missing earlier features to match the original. SIGNIFICANT EXTERIOR ARCHITECTURAL FEATURE: Foundation; cornerstone; siding; masonry; stucco; roofs; chimneys; gutters; downspouts; entrances and doors; windows; masonry piers, gateposts; porches; stoops and railings; cornices and friezes; ornamentation, including, but not limited to, trim, brackets, plaques, engravings, inscriptions, gargoyles, roof creating, ridge caps, finials, corbelled masonry, chimney straps, hoodmolds, shutters, awnings and light fixtures; grade levels adjacent to buildings; garages, outbuildings and other accessory structures. STABILIZATION: The act or process of applying measures essential to the maintenance of a deteriorated building as it exists at present, establishing structural stability and a weather resistant enclosure. STANDARDS FOR REHABILITATION: The secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings as promulgated by the U.S. department of the interior, national park service, preservation assistance division. STRUCTURE: Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas, including supporting towers, swimming pools, air conditioners, heat pumps, satellite dishes, basketball standards and solar energy equipment. TEMPORARY ACCESSORY STRUCTURE: A structure which is subordinate in purpose to; which is customarily and traditionally designed, intended and used incidental to; and which is located on the same zoning lot as the principal structure served and which is established for a fixed period of time with the intent to discontinue and remove such structure on the expiration of the time period which shall not exceed four (4) years. Examples of temporary accessory structures include a contractor's office, a development sales office and a modular classroom. JUNE 10, 2015 VOLUME LXXX 256 THEMATIC HISTORIC DISTRICT: An area designated as a “thematic historic district” by ordinance of the city council composed of two or more definable significant geographical areas, or properties, that are spatially discrete from one another and from other areas, or properties, not part of an established “historic district” as defined elsewhere in this chapter. THEMATIC HISTORIC DISTRICT PROPERTY: A property designated as a “thematic historic district property” by ordinance of the city council, pursuant to procedures prescribed in this title, that is located within a thematic historic district and identified as worthy of rehabilitation, restoration and preservation because of its shared and unifying architectural, historic or cultural themes with the thematic historic district in which it is located.” Section 2. That Chapter 20.06 of the Elgin Municipal Code, 1976, as amended, entitled “Landmark and Historic District Nomination and Designation,” be and is hereby further amended to read in its entirety as follows: “20.06.010: NOMINATION: A. Individual Properties as Landmarks or Thematic Historic District Properties: Nominations for an individual property as a landmark shall be made to the heritage commission on a form prepared by it and may be made and submitted by the heritage commission, owner of record of the nominated property or structure, or the city council. Nominations for an individual property as a thematic historic district property shall be made to the heritage commission shall be made on a form prepared by it and may be made and submitted only by the owner of record of the individual property. Nominations for local landmark designation or thematic historic district property designation shall be accompanied by the following documentation: 1. A statement of integrity consisting of the street address and legal description; description of original use; description of current use; date of construction of all structures on the property; description and the date of any additions, demolition or major alterations to all structures on the property; description of whether any secondary structures associated with the property may also retain their original appearance, use and/or relationship to the primary structure; 2. Statement of significance describing any associations with historic persons, events, or ongoing activities on the property; a description of how the property fits within the historic context of the surrounding area, community and/or region; a description of how the property, or features of the property, may be distinctive in design, style, execution, or if it is the work of an important architect, builder or craftsman; description of any potential to yield prehistoric or archaeological information. 3. Submission of photographs of all facades of currently existing buildings; a representative sample of historic photographs of the property, if available; a sketch of the floor plan of the property, drawn to scale, an accurate plat of survey; any other documentation that the heritage commission may reasonably request. VOLUME LXXX JUNE 10, 2015 257 4. In addition to the foregoing, nominations for each individual property that is identified for inclusion within a thematic historic district as a thematic historic district property shall be accompanied by a statement demonstrating conformance with the characteristics of the thematic historic district. B. Historic Districts and Thematic Historic Districts: Nominations for a historic district or a thematic historic district shall be made to the heritage commission on a form prepared by it and may be made and submitted by the heritage commission, at least a majority of owners of record of the nominated properties or structures within the proposed district, or the city council. Nominations for historic districts and thematic historic districts shall be accompanied by the following documentation: 1. A statement of integrity describing the boundaries and/or legal description of the proposed district. An architectural overview addressing issues such as: the significance of the district as a whole, the role of the district in the city's development; a detailed listing of primary structures and whether these are significant, contributing or noncontributing to the historic district status; a listing of secondary structures; a description of public parks, squares, and other open spaces; a listing of significant but razed structures. The statement of integrity for applications for a thematic historic district shall include a description of the architectural, historic or cultural themes that unify properties included within such district. 2. A statement of significance consisting of a brief history of the area; a description of associations with historic persons, events or ongoing activities within the proposed district; a description of how the district fits within the historic and architectural context of the surrounding area, community and/or region; a listing of significant structures or places within the proposed district that may be distinctive in design, style, execution, or are the work of an important architect, builder or craftsman; description of any potential to yield prehistoric or archaeological information. 3. Submission of photographs of at least the front facades of current existing primary structures; a representative sample of historic photographs of the proposed district, if available; an accurate plat of survey; any other documentation that the heritage commission may reasonably request. Submission of photographs for applications for a thematic historic district shall consist of representative examples of structures and buildings on properties that demonstrate the architectural, historic or cultural themes that unify properties included within such district. C. Owner Consent: Nominations for landmarks or historic districts made by the Elgin heritage commission shall be accompanied by the written consent of the property JUNE 10, 2015 VOLUME LXXX 258 owner(s) of record for individual landmarks, or the written consent of at least a majority of the owners of record of properties within the proposed historic district. No building that is owned by a religious organization and is used primarily as a place for the conduct of religious ceremonies shall be nominated for designation as a historical landmark without the expressed consent of the owner(s) of record of such a property. A thematic historic district nomination shall serve as the basis for evaluating the eligibility of related properties and shall not require the consent of owners of record at the time of its nomination. Following the designation of a thematic historic district, no individual property that is identified for inclusion within such designated thematic historic district shall be nominated without the written consent of the property owner(s) of record. 20.06.020: FEES: A. Each nomination request submitted to the heritage commission pursuant to this chapter shall be accompanied by a fee in the amount of fifty dollars ($50.00) for landmark nominations or thematic historic districts, and three hundred dollars ($300.00) for historic district nominations. A nomination submitted without this fee shall have no effect under this title. Nomination requests submitted by the heritage commission or the city council shall be exempt from the payment of any fees. Subsequent nominations for each thematic historic district property shall be shall be accompanied by a fee in the amount of fifty dollars ($50.00). B. In addition to the nomination fee, each applicant of an individual landmark, historic district, or thematic historic district property shall pay for the costs of providing an accurate verbatim account of the public hearing. A deposit of two hundred dollars ($200.00) shall be made at the time of application to cover the direct costs of recording and transcription of the public hearing. If the cost is less than the deposit, the remainder shall be paid in full to the applicant. If the cost exceeds the deposit, the applicant shall pay the additional amount in full prior to consideration of the nomination by the city council. Thematic historic district nominations do not require a verbatim account of the public hearing and, therefore, no fee for recording and transcription is required. C. Any party pursuing an appeal pursuant to this title, including an application for a certificate of appropriateness (COA), or a certificate of economic hardship, shall pay the costs associated with such appeal. The heritage commission or the city council, as the case may be, may require a deposit for such costs prior to the processing of any appeal. 20.06.030: CRITERIA FOR CONSIDERATION OF NOMINATION: A nominated structure, property, or area must be fifty (50) years of age on the date of designation unless it is an integral part of a designated historic district or if it has otherwise achieved significance of exceptional importance. VOLUME LXXX JUNE 10, 2015 259 The heritage commission shall, upon such investigation as it deems necessary, make a determination as to whether a nominated structure, property or area meets at least six (6) of the following criteria. The heritage commission may vote to proceed with as few as four (4) criteria if the property is identified with a person, or persons, who significantly contributed to the development of the community, county, state, or country, or if the property is nominated for inclusion within a thematic historic district. A. That it has character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country and retains the integrity to be highly representative of the relevant area's social and cultural history; B. That its location was a site of a significant local, county, state or national event or that it was the location of a series of events or activities that contributed in a significant fashion to the community's identity, and/or social, cultural or economic history; C. That it is identified with a person or persons who significantly contributed to the development of the community, county, state or country; D. That it embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials; E. That it is identified as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country; F. That it embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant; G. That it embodies design elements that make it structurally or architecturally innovative; H. That it has a unique location or singular physical characteristics that make it an established or familiar visual feature; I. That it is a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significance; J. That it is suitable for preservation or restoration, to foster the education and awareness of the community's past. Any structure, property or area that meets the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. K. The nominated property possesses the unique architectural, historic or cultural themes to be included within an already established thematic historic district. JUNE 10, 2015 VOLUME LXXX 260 20.06.040: NOTIFICATION OF NOMINATION: The heritage commission shall schedule a public hearing on a nomination under this title within ninety (90) days following receipt of such nomination. In cases of a nomination of a structure as a landmark or a thematic historic district property, notice of the date, time, place and purpose of the public hearing and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators, at least thirty (30) days prior to the date of the hearing. Notice of the nomination of a landmark or a thematic historic district property shall also be published at least once in a newspaper having general circulation in the city not less than fifteen (15) days prior to the date of the hearing. The publication notice shall state the common street address and legal description of a nominated landmark or thematic historic district property along with the date, time, place and purpose of the public hearing. In cases of a nomination of a thematic historic district, notice of the nomination shall be published at least once in a newspaper having general circulation in the city not less than fifteen (15) days prior to the date of the hearing, and shall state the date, time, place and purpose of the public hearing. In cases of a nomination of any area as a historic district, notice of the date, time, place and purpose of the public hearing and a copy of the completed nomination form shall be sent by regular mail to the common street address of each structure located within the boundaries of a nominated historic district and to the nominators, at least thirty (30) days prior to the date of the hearing. Notice of the nomination of a historic district shall also be published at least once a week for two (2) consecutive weeks in a newspaper having general circulation in the city not less than fifteen (15) days prior to the date of the hearing. The publication notice shall state the legal description and boundaries of a nominated historic district along with the date, time, place and purpose of the public hearing. 20.06.050: OBJECTION TO A NOMINATION: An objection to the nomination of a landmark or of an area as a historic district may be made by petition signed by a majority of the owners of record of the nominated landmark or the properties in the nominated uses. Such an objection shall be filed with the heritage commission prior to the close of the public hearing on the nomination. In such cases where a majority of the owners of record have filed an objection, the subject property or area shall not be designated as a landmark or a historic district except by a favorable vote of two-thirds (2/3) of the members of the council then holding office, and, unless so approved, shall bar the renomination of the subject property or area as a landmark or a historic district for a period of two (2) years from the filing of the objection. 20.06.060: PUBLIC HEARING: Oral or written testimony concerning the significance of the nominated landmark, historic district, thematic historic district, or thematic historic district property shall be taken at the public hearing from any person concerning the nomination. The heritage commission may present expert testimony or present its own evidence regarding the compliance of the nominated landmark, historic district, thematic historic district, or thematic historic district property with the criteria for consideration of a nomination set forth in section 20.06.030 of VOLUME LXXX JUNE 10, 2015 261 this chapter. The owner of any nominated landmark, nominated thematic historic district property or of any property within a nominated historic district shall be permitted to appear and be represented by counsel and shall be allowed reasonable opportunity to present evidence regarding the issues presented and shall be provided a reasonable opportunity to cross examine expert witnesses. A transcript of the entire hearing shall be made by a court reporter, except for a nomination for a thematic historic district in which case a summary report will be prepared by city staff. The hearing may be continued from time to time to a date certain and shall be closed upon completion of testimony and the submission of evidence. 20.06.070: FINDINGS AND RECOMMENDATION: Within thirty (30) days following close of the public hearing, the heritage commission shall make a determination upon the evidence whether the nominated landmark, historic district, thematic historic district, or thematic historic district property meets the criteria for designation. Such a determination shall be passed by resolution of the heritage commission and shall be accompanied by a report stating the findings of the heritage commission concerning the application of the criteria for designation in section 20.06.030 of this chapter and the nominated landmark, historic district, thematic historic district, or thematic historic district property. The report accompanying the heritage commission's resolution shall also include the following information: A. Explanation of the significance or lack of significance of the nominated landmark, historic district or thematic historic district as it relates to the criteria for designation, or how a thematic historic district property relates to the architectural, historic or cultural themes of such thematic historic district; B. Explanation of the integrity or lack of integrity of the nominated landmark, historic district, thematic historic district, or thematic historic district property; C. In the case of a nominated landmark or thematic historic district property found to meet the criteria for designation: 1. The significant exterior architectural features of the nominated landmark or thematic historic district property that should be protected; 2. The types of construction, alteration, removal and demolition, other than requiring a building or demolition permit, that should be reviewed for appropriateness pursuant to the provisions of chapters 20.08 and 20.10 of this title; D. In the case of a nominated historic district or thematic historic district found to meet the criteria for designation: 1. The type of significant exterior architectural features of the structures within the nominated historic district that would be protected; JUNE 10, 2015 VOLUME LXXX 262 2. The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of chapters 20.08 and 20.10 of this title; E. Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated landmark, historic district, thematic historic district, or thematic historic district property; F. The relationship of the nominated landmark, historic district, thematic historic district, or thematic historic district property to the ongoing effort of the heritage commission to identify and nominate all potential areas and structures that meet the criteria for designation; G. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations and placing regulations necessary or appropriate to the preservation of the nominated landmark, historic district, thematic historic district, or thematic historic district property; H. A map showing the location of the nominated landmark or thematic historic district property and the boundaries of the nominated historic district including a listing of all street addresses and the number of principal buildings within a nominated historic district. 20.06.080: NOTIFICATION OF FINDINGS AND RECOMMENDATION: Notice of determination of the heritage commission, including a copy of the report, shall be sent by regular mail to the owner(s) of record of a nominated landmark or thematic historic district property, and to the common address of all property within a nominated historic district and to the nominator within seven (7) days following adoption of the resolution. Within seven (7) days following a determination by the heritage commission whether the nominated landmark, historic district, thematic historic district, or thematic historic district property meets the criteria for designation, a copy of the resolution and report accompanied by a recommendation whether the nominated landmark, historic district, thematic historic district, or thematic historic district property should be designated shall be sent to the council. 20.06.090: APPEAL: A determination by the heritage commission that the nominated landmark, historic district or thematic historic district does not meet the criteria for designation, or that a property nominated to be included within a thematic historic district does not conform to the architectural, historic or cultural themes of such thematic historic district, may be appealed to the city council. The nominator or owner of the nominated landmark, or of property within the nominated historic district or thematic historic district, must, within thirty (30) days after the postmarked date of the notice of the determination, file with the city clerk such a written appeal to the city council. 20.06.100: ACTION BY CITY COUNCIL: VOLUME LXXX JUNE 10, 2015 263 After receiving the recommendation that the nominated landmark, historic district, thematic historic district, or thematic historic district property be designated, or after receiving a written appeal, the city council shall either reject the recommendation or written appeal by formal resolution or designate the landmark, historic district, thematic historic district, or thematic historic district property by an ordinance. The city council may hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in sections 20.06.040 and 20.06.060 of this chapter. The city clerk shall provide written notification of the action of the city council by regular mail to the nominator, the applicant, and the owner(s) of record of the nominated landmark and to the common street address of all property within a nominated historic district or thematic historic district. The notice shall include a copy of the designation ordinance or resolution passed by the city council and shall be sent within seven (7) days of the city council action. A copy of each designation ordinance shall be sent to the heritage commission, the planning and land use commission and the community development department. 20.06.110: INTERIM CONTROL PENDING CITY COUNCIL ACTION: Upon the submission of a nomination to designate a landmark, a historic district or an addition to an existing district, or a thematic historic district property to the heritage commission, all permits issued by the community development department for such buildings or property within an area nominated for designation shall be accompanied by a certificate of appropriateness from the building official until such time as a final determination is made on the nomination. Notwithstanding the above language, the building official may issue permits for work done on the interior of any structure. After a denial by the city council, a new petition for the same building or properties shall not be filed for a period of one year from the date of denial. New construction, alteration or demolition work begun pursuant to a building permit issued prior to the receipt of a nomination to designate a landmark, historic district, or thematic historic district property shall not be subject to review by the commission unless such permit has expired, been canceled or revoked. JUNE 10, 2015 VOLUME LXXX 264 20.06.120: AMENDMENT OR RESCISSION OF DESIGNATION: Designation may be amended or rescinded upon petition to the heritage commission and compliance with the same procedure and according to the same criteria set forth herein for such designation. A petition to rescind the designation of a landmark, historic district or thematic historic district property shall be accompanied by the written consent of a majority of the property owners of record of the landmark or historic district within the designated area. 20.06.130: RECORDING OF ORDINANCE: A certified copy of the ordinance designating a landmark, historic district or thematic historic district property shall be recorded with the county recorder in the county in which the subject property is located.” 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: June 10, 2015 Passed: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 10, 2015 Published: June 12, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G21-15 PASSED GRANTING A CONDITIONAL USE FOR CHILD DAYCARE SERVICES IN THE CF COMMUNITY FACILITY DISTRICT (525 CHURCH ROAD) Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. VOLUME LXXX JUNE 10, 2015 265 Ordinance No. G21-15 AN ORDINANCE GRANTING A CONDITIONAL USE FOR CHILD DAYCARE SERVICES IN THE CF COMMUNITY FACILTIY DISTRICT (525 Church Road) WHEREAS, written application has been made requesting conditional use approval for a child daycare service, property located at 525 Church Road, which lot is legally described herein and is hereinafter referred to as the “Subject Property”; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 4, 2015 following due notice by publication; and WHERAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommended approval of said application, subject to the conditions below; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendations of the Community Development Department and the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 5. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 4, 2015, made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 6. That a conditional use to permit the establishment of a child daycare service in the CF Community Facility District at 525 Church Road, legally described as follows: Lot 32 of North Elgin Industrial Plaza, Elgin, Illinois, Kane County, Illinois. Also, That part of the Southwest Quarter of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Southeast Quarter of Section 33, Township and Range aforesaid; thence South 29 minutes West along the West line of the Northeast Quarter of said Southeast Quarter 1153.50 feet to the Northerly line of Parcel N-4D-62 acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County, Illinois, as Case 57-3D; thence South 88 degrees 34 minutes East along said Northerly line 2363.46 feet; thence North 1 degree 26 minutes East 650.06 feet; thence South 88 degrees 34 minutes East 463.97 feet to the Westerly line of a JUNE 10, 2015 VOLUME LXXX 266 tract of land conveyed to the Illinois State Toll Highway Commission by deed dated October 4, 1957 and recorded October 28, 1957 in Book 1869, page 241 as Document 847718, for the point of beginning; thence North 88 degrees 34 minutes West 440.53 feet; thence North 10 degrees 01 minutes East 200 feet; thence South 88 degrees 34 minutes East 440.53 feet to the Westerly line of said Illinois State Toll Highway Commission tract; thence South 10 degrees 01 minutes West along said Westerly line 200 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Development Application and Statement of Purpose and Conformance, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 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 “Proposed Kindergarten Classroom Exhibit,” submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 3. Substantial conformance with the “Plat of Survey”, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 4. Substantial conformance with the “Existing and Proposed Classroom Location Exhibit,” submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 5. Compliance with all applicable codes and ordinances. Section 7. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 8. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX JUNE 10, 2015 267 Presented: June 10, 2015 Passed: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 10, 2015 Published: June 12, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G22-15 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (920 SOUTH MCLEAN BOULEVARD) Councilmember Martinez made a motion, seconded by Councilmember Dunne, 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. G22-15 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (920 South McLean Boulevard) WHEREAS, written application has been made for a conditional use for a planned development at 920 South McLean Boulevard, which lot is legally described herein (the “Subject Property”), to permit certain departures from the Elgin Zoning Ordinance; and WHEREAS, the Subject Property is located within the NB Neighborhood Business District and package liquor sales is a listed conditional use within the NB district; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 4, 2015 following due notice by publication; and WHEREAS, the Community Development and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and JUNE 10, 2015 VOLUME LXXX 268 WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use for planned development in the NB Neighborhood Business District and to permit certain departures from the Elgin Zoning Ordinance, pertain to the government and affairs of the city. 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 May 4, 2015, and the recommendations made by the Community Development Department and 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 for a planned development for a package liquor sales establishment is hereby granted for the property commonly known as 920 South McLean Boulevard, commonly identified by Kane County Property Identification Number (PIN) 06-27- 101-011, and legally described as follows: That part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Easterly Northeast corner of College Green Unit 1, being a subdivision of part of said Northwest Quarter; thence North 85 degrees 27 minutes 26 seconds West along a Northerly line of said Unit 1, a distance of 50.0 feet to the Westerly right of way line of McLean Boulevard for the point of beginning, (said point also being the Northeast corner of Lot 15, of said College Green Unit 1); thence continuing North 85 degrees 27 minutes 26 seconds West along said North line of Unit 1, a distance of 340.14 feet to a jog in said subdivision; thence North 04 degrees 58 minutes 47 seconds East along an East line of said subdivision 223.83 feet to the South line of Torrey Pines Drive (also being the Northeast corner of Lot 7 in said Unit 1); thence South 85 degrees 01 minutes 54 seconds East along the South line of Torrey Pines Drive a distance of 339.14 feet to the West line of McLean Boulevard; thence Southerly along said West line being on a curve to the left having a radius of 34,427.50 feet, an arc length of 221.31 feet to the point of beginning; (the chord of the last described bearing South 04 degrees 43 minutes 29 seconds West 221.31 feet), in the City of Elgin, Kane County, Illinois. Section 3. That the conditional use for a planned development for the redevelopment of the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application, Statement of Purpose and Attachments, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, dated received March 23, 2015. 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 Plat of Survey, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, dated received March 23, 2015. VOLUME LXXX JUNE 10, 2015 269 3. Substantial conformance to Site Plan, submitted by AMI Properties, Inc. as applicant and B2 as owner, prepared by Robert Lizzo, dated received March 23, 2015. 4. Substantial conformance to Interior Floor Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by Purohit Architects, dated received March 23, 2015. 5. Substantial conformance to the Concept Parking Site Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by V3 Companies dated March 18, 2015, dated received March 23, 2015. 6. Substantial conformance to the Sign Exhibits, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by A-Plus Sign Source, dated received March 23, 2015. 7. Substantial conformance to the Concept Landscape Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by V3 Companies, dated received April 3, 2015. 8. All improvements, including the installation of plant materials depicted upon the aforementioned Concept Landscape Plan within these conditions of approval shall be completed no later than 24 months from the date of this conditional use approval. 9. Compliance with all applicable codes and ordinances. Section 4. That the conditional use for planned development for the redevelopment of the Subject Property is hereby granted the following departures from the Elgin Zoning Ordinance: 1. The required number of off street parking stalls for “Retail” EMC Section 19.45.070 shall be 1 stall per 250 square feet of floor area. The subject property consists of a single story building that contains approximately 16,200 square feet of space, thus requiring 65 parking stalls. The applicant is requesting to install 63 parking stalls. Therefore, a departure of 2 parking stalls is requested. Section 5. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 3 and the allowances and departures described or depicted thereon, and the provisions of the Elgin Zoning Ordinance, this ordinance and associated documents shall control and prevail. Section 6. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 10, 2015 VOLUME LXXX 270 Presented: June 10, 2015 Passed: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 10, 2015 Published: June 12, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE There was discussion regarding the Human Relations Commission minutes, specifically portions about the diversity efforts proposed by the consultant. Councilmember Dunne made a motion, seconded by Councilmember Martinez, 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. Building Commission – Electrical Committee March 27, 2012 Building Commission – Heating Commission March 6, 2012 Human Relations Commission May 5, 2015 Planning and Zoning Commission April 6, 2015 Committee of the Whole for May 6, 2015 and May 9, 2015 City Council Minutes for May 6, 2015 Sales Tax Local Sales Tax State Income Tax State Use Tax Electricity Tax Alcoholic Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXX JUNE 10, 2015 271 ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Dunne, 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 8:54 p.m. s/ Kimberly Dewis June 24, 2015 Kimberly Dewis, City Clerk Date Approved