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HomeMy WebLinkAbouto - August 26, 2015 CC327 VOLUME LXXX AUGUST 26, 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 August 26, 2015, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Invocation was given by Reverend Jon Pierre Badie from the Second Baptist Church and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 12, 2015, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Shaw, to approve the August 12, 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 Elgin Post 57 Baseball Club Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Elgin Post 57 Legion team was originally founded in 1927 and was nicknamed the “Sultans of Swing” in 2001; and WHEREAS, Since their last losing season eight years ago, Elgin Post 57 has a record of 219-85-2 with an outstanding 2nd place finish in the State in 2011; and WHEREAS, This year, Elgin Post 57 had a record of 36-3-1 and went undefeated in the 11th District Tournament and advanced to the 2nd Division Tournament; and AUGUST 26, 2015 VOLUME LXXX 328 WHEREAS, After winning the 2nd Division Tournament, Elgin Post 57 advanced to the State Tournament where they were undefeated and only the 3rd Elgin team to win the State Championship; and WHEREAS, Elgin Post 57 then traveled to the Great Lakes Region 5 Tournament where they went 2-2, making them the first Elgin team to ever win two games at the National Region 5 level and were ranked in the top 32 teams out of 4,000 plus teams that started the National Championship. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to the Elgin Post 57 Baseball Club’s on their achievement in their 2015 season and their success at the National Championship. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of August, 2015. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Chuck Keysor outlined a proposal in which the city would take over the Public Library. His reasons included accountability, reduction in taxes, and transparency. Charles Muscarello outlined his reasons that the proposed changes to the Class U liquor license should not occur. He noted that liquor licenses were valid for one year and that his client was the only Class U liquor license in the city. He felt these changes were a partial revocation of his client’s license. Corporation Counsel Cogley addressed Mr. Muscarello’s arguments stating they were not supported by law and the proposed changes did not equate to a revocation of the liquor license. BID 15-035 AWARDED TO BINMASTER LEVEL CONTROLS FOR LEO NELSON RIVERSIDE WATER TREATMENT PLANT DRY BULK STORAGE LEVEL MEASUREMENT SYSTEM Councilmember Dunne made a motion, seconded by Councilmember Shaw, to award a contract to BinMaster Level Controls in the amount of $31,550 for the Leo Nelson Riverside Water Treatment Plant dry bulk storage level measurement system in order to provide a safe, reliable means to measure the level of dry chemicals in onsite storage bins. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXX AUGUST 26, 2015 329 RESOLUTION 15-116 ADOPTED RATIFYING THE EXECUTION OF AMENDMENT TO THE MUNICIPAL AGGREGATION SERVICES AGREEMENT BY AND BETWEEN THE CITY OF ELGIN AND CONSTELLATION NEWENERGY, INC. Councilmember Steffen 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. 15-116 RESOLUTION RATIFYING THE EXECUTION OF AMENDMENT TO THE MUNICIPAL AGGREGATION SERVICES AGREEMENT BY AND BETWEEN THE CITY OF ELGIN AND CONSTELLATION NEWENERGY, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of amendment to the municipal aggregation services agreement by and between the City of Elgin and Constellation NewEnergy, Inc. by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 26, 2015 Adopted: August 26, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G40-15 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" WITH RESPECT TO CERTAIN REGULATIONS FOR THE CLASS U LIQUOR LICENSE CLASSIFICATION 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. AUGUST 26, 2015 VOLUME LXXX 330 Ordinance No. G40-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” WITH RESPECT TO CERTAIN REGULATIONS FOR THE CLASS U LIQUOR LICENSE CLASSIFICATION WHEREAS, Section 5/4-1 of the Illinois Liquor Control Act (235 ILCS 5/4-1) authorizes cities to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor, and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII Section 6 of the Illinois Constitution may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the part to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, the regulation of alcoholic liquor dealers and the protection of the public health, safety and welfare and providing for the public good and convenience are subjects within the city's home rule authority pertaining to the city's government and affairs; and WHEREAS, the city council finds that it is necessary and desirable to clarify and amend certain regulations with respect to the Class U liquor license classification; and WHEREAS, the city council finds that the amendments as provided in this ordinance and this ordinance are necessary to protect the public health, safety and welfare and are for the public good and convenience; and WHEREAS, the amendments as provided in this ordinance and this ordinance are authorized by law and are adopted pursuant to the city's home rule authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into, and made part of this ordinance, as findings of the city council. Section 2. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by amending subparagraph T thereof which relates to the Class U liquor license classification as follows: “Class U: For the retail sale of alcoholic liquor on the specified premises in any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly VOLUME LXXX AUGUST 26, 2015 331 served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city's retail food stores and food service establishments sanitation code, 77 Illinois administrative code 750, and with dining room equipment and capacity to serve meals to not less than forty-five (45) persons at any one time, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. Fifty percent (50%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals. For the purposes of this subsection, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected by the seller, received by the licensee as a result of the transfer of goods, or the provision of services to another. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards that shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue from the serving of meals. The licensee shall make such books and records available for inspection by the local liquor control commission or its designee. Such inspection may be conducted during normal business hours on the licensed premises or at such other location in the city as directed by the local liquor control commission. The local liquor control commission shall determine, as a result of such inspection, whether, in the local liquor control commission's opinion, the books and records maintained by the licensee meet the requirements of this subsection and whether there is cause for the local liquor control commission to revoke or suspend the license, impose a fine on the licensee, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this title. The intent of this license classification is that the primary business conducted on the premises to be licensed shall be the service of meals in a restaurant that also has an integrated tavern area. A full menu, including entrees and appropriate side dishes, shall be available at all times liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. There shall be no exterior signage on any premises issued a class U liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is one thousand one hundred dollars ($1,100.00)." Section 3. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours" be and is hereby further amended by amending subparagraph A thereof to read as follows: AUGUST 26, 2015 VOLUME LXXX 332 "A licensee holding a class A, AA, B, B-1, B-2, B-3, B-4, B-5, C, D, E, E-1, E-2, E-3, E-4, F, F-1, F-2, G, H, I, J, S, U or Z license may sell or permit to be sold alcoholic liquors only between the following hours: Monday through Thursday: Six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the following day. Friday and Saturday: Six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the following day. Sunday: Nine o'clock (9:00) A.M. until one o'clock (1:00) A.M. the following day. New Year's Eve: Three o'clock (3:00) A.M. the following day." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force and effect from and after September 1, 2015, upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 26, 2015 Passed: August 26, 2015 Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G41-15 PASSED AMENDING CHAPTER 7.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "DOGS, CATS, AND OTHER ANIMALS" Councilmember Prigge stated the reasons he would not be supporting this ordinance. He suggested further review of the ordinance and stated concerns for public safety if this ordinance were approved. VOLUME LXXX AUGUST 26, 2015 333 Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Councilmember Gavin abstained. Ordinance No. G41-15 AN ORDINANCE AMENDING CHAPTER 7.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "DOGS, CATS, AND OTHER ANIMALS" WHEREAS, Title 7 of the Elgin Municipal Code, 1976, as amended, entitled "Animals" regulates the care and keeping of animals within the City of Elgin; and WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII Section 6 of the Illinois Constitution may exercise any power and perform any function pertaining to its government affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, regulations regarding the care and keeping of animals in the City of Elgin and regulations regarding dangerous dogs are within the City of Elgin's home rule power to enact police ordinances to regulate for the protection of public health, safety and welfare and is a subject within the city's home rule authority pertaining to the city's government and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into, and made part of this ordinance as, as findings of the City Council. Section 2. That Section 7.04.110 of the Elgin Municipal Code, 1976, as amended, entitled "Dangerous Dogs" be and is hereby further amended by adding a new subparagraph G thereto to read as follows: "G. Removal of Dangerous Dog Designation in Certain Cases: The owner of a dog which has been declared to be dangerous in a case which did not involve the biting or injury to a person or a domestic animal may file a written request with the Chief of Police to remove the dangerous dog designation thirty-six (36) months after the dangerous dog declaration was issued. Upon the receipt of such a written request, the Chief of Police shall remove the dangerous dog designation for a dog found to be dangerous in a case which did not involve the biting or injury to a person or a domestic animal if there have been no other violations of this chapter or other animal control regulations with respect to such dog and the owner of such dog since the date of designation as a dangerous dog." AUGUST 26, 2015 VOLUME LXXX 334 Section 3. That all ordinances or parts of ordinances in conflict with the provision 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: August 26, 2015 Passed: August 26, 2015 Vote: Yeas: 7 Nays: 1 Abstain: 1 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REQUEST TO REMOVE RESOLUTION 15-114 FROM THE CONSENT AGENDA Councilmember Martinez requested that Item 1 under the Consent Agenda, “Resolution 15-114 Adopted Approving a Grant Recipient Eligibility List under the Residential Conversion Grant Program” be removed for further discussion. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-114 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE RESIDENTIAL CONVERSION GRANT PROGRAM There was clarification regarding the designation and the sale of any property with that designation. Also, discussed was the impact of grants awarded to the property and the historical designations. Councilmember Gavin 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 AUGUST 26, 2015 335 Resolution No. 15-114 RESOLUTION APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE RESIDENTIAL CONVERSION GRANT PROGRAM WHEREAS, the Residential Conversion Grant Program has been established to provide financial assistance and incentives for property owners of lawful non-conforming multi-family dwellings to convert their properties into their original, conforming residential use; and WHEREAS, in 2015 five waiting list candidates have been selected by city staff to participate under the Residential Conversion Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $139,000 is allocated for the following waiting list candidates under the grant recipient eligibility list: Property Owner Amount 324 Griswold Street Harry Bogard $25,000 423 Griswold Street Marina Vargas $25,000 649 St. Charles Street Jose Tirado $28,000 664 Raymond Street Ben Henrikson $28,000 211-213 Michigan Street Tim Ramseyer $33,000 TOTAL $139,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that prior to receiving any grant funds recipients shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. BE IT FURTHER RESOLVED that for the remainder of 2015 city staff is hereby authorized to continue to advertise, solicit, review and award subsequent grants to eligible properties based on the approved priorities for selection. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 26, 2015 VOLUME LXXX 336 Presented: August 26, 2015 Adopted: August 26, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. T22-15, and G33-15 through G39-15 and adopt Resolution No. 15-115 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-115 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. 15-115 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and VOLUME LXXX AUGUST 26, 2015 337 WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from January, 2015 through June, 2015 are hereby approved and the minutes or the portions thereof set forth on the attached Exhibit A no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 26, 2015 Adopted: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T22-15 PASSED TERMINATING SPECIAL SERVICE AREA NUMBER TWO IN THE CITY OF ELGIN (SPRING STREET PARKING DECK) Councilmember Dunne 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. AUGUST 26, 2015 VOLUME LXXX 338 Ordinance No. T22-15 AN ORDINANCE TERMINATING SPECIAL SERVICE AREA NUMBER TWO IN THE CITY OF ELGIN (Spring Street Parking Deck) WHEREAS, Ordinance T10-77 establishing Special Service Area Number Two in the City of Elgin was approved on September 7, 1977 pursuant to the City of Elgin's powers as a home rule unit, consisting of the territory described in Exhibit A attached hereto and made a part hereof; and WHEREAS, the City Council of the City of Elgin has determined that it is not necessary to continue with Special Service Area Number Two. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS AS FOLLOWS: Section 1. That the Special Service Area Number Two established by Ordinance T10-77, being an ordinance establishing Special Service Area Number Two in the City of Elgin, is hereby terminated and dissolved, and Special Service Area Number Two in the City of Elgin shall be terminated and dissolved as of the effective date of this ordinance. Section 2. If any unexpended funds remain from previous levies of special service area taxes in Special Service Area Number Two, the funds shall be retained and utilized by the city for the operation, maintenance and repair of the multi-level public parking facility referred to in Ordinance T10-77 located in Special Service Area Number Two at the corner of Chicago Street and Spring Street. Section 3. The City Clerk is authorized and directed to record a certified copy of this ordinance with the Kane County Recorder of Deeds' Office and to thereafter file a certified copy of the recorded ordinance with the County Clerk of Kane County, Illinois, and the tax extension department of the County Clerk of Kane County, Illinois, is authorized to delete Special Service Area Number Two as a line item on the county tax bills. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX AUGUST 26, 2015 339 Presented: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G33-15 PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF YIELD INTERSECTIONS (MADELINE LANE AT ALFT LANE) Councilmember Dunne 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. G33-15 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF YIELD INTERSECTIONS (Madeline Lane at Alft Lane) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of yield intersections under Section 11.32.040 the following: Street Direction To Yield For Madeline Lane Northbound At Alft Lane 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 ten days after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 26, 2015 VOLUME LXXX 340 Presented: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G34-15 PASSED GRANTING A CONDITIONAL USE TO INSTALL A COMMERCIAL ANTENNA TOWER IN THE CI COMMERCIAL INDUSTRIAL DISTRICT (300 WILLARD AVENUE) Councilmember Dunne 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. G34-15 AN ORDINANCE GRANTING A CONDITIONAL USE TO INSTALL A COMMERCIAL ANTENNA TOWER IN THE CI COMMERCIAL INDUSTRIAL DISTRICT (300 Willard Avenue) WHEREAS, written application has been made requesting conditional use approval to install a commercial antenna tower in the CI Commercial Industrial District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on July 6, 2015 following due notice by publication; WHERAS, the Community Development Department and the Planning & Zoning Commission have submitted their written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & Zoning Commission. VOLUME LXXX AUGUST 26, 2015 341 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 6, 2015, made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to install a commercial antenna tower in the CI Commercial Industrial District at 300 Willard Avenue, and legally described as follows: Lots 3 and 4 of Smith’s Subdivision Being a Subdivision of Part of Lot 22 of the County Clerk’s Subdivision of the South Half of Section 18, Township 41 North, Range 9 East Of The Third Principal Meridian, In Cook County, Illinois. (Commonly known as: 300 Willard Avenue, Elgin, IL – PIN: 06-18-301-043-0000 and 06-18-301-044-0000) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and attachments, submitted by Virginia Roth, Site Acquisition Specialist, SureSite Consu lting Group, LLC, dated March 26, 2015. In the event of any conflict between such documents and the terms of this ordinance or any other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial Conformance with the Consent and Disclosure of the property owner, Ferryville, LLC, dated March 18, 2105. In the event of any conflict between such document and the terms of this ordinance or any other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 3. Substantial conformance to Site Plan and Construction Drawings prepared by Ghazwan M. Sadat, Architect, for T-Mobile, and last revised on June 16, 2015. 4. 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 AUGUST 26, 2015 VOLUME LXXX 342 Presented: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G35-15 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF AVAILABLE LIQUOR LICENSES FOR CLASS F-1 LICENSES Councilmember Dunne 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. G35-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF AVAILABLE LIQUOR LICENSES FOR CLASS F-1 LICENSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 amending subparagraph S thereof to read as follows: “S. The number of Class F-1 licenses shall not exceed two (2) in number.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX AUGUST 26, 2015 343 Presented: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G36-15 PASSED AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO PROVIDE FOR VARIOUS AMENDMENTS RELATING TO THEMATIC HISTORIC DISTRICTS Councilmember Dunne 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. G36-15 AN ORDINANCE AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HISTORIC PRESERVATION” TO PROVIDE FOR VARIOUS AMENDMENTS RELATING TO THEMATIC HISTORIC DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 20.06.120 of the Elgin Municipal Code, 1976, as amended, entitled “Amendment or Rescission of Designation” be and is hereby further amended to read as follows: "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, thematic 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, a majority of the property owners of properties within a historic district, a majority of property owners of designated properties within a thematic historic district or a majority of the property owners of a designated thematic historic district property. In addition thereto, the community development director shall rescind the designation of a thematic historic district property upon the receipt of a petition requesting such a rescission AUGUST 26, 2015 VOLUME LXXX 344 from the successor property owner(s) to the property owner at the time of the designation, subject to the condition that there have been no city grants and no other known public grants awarded for the thematic historic district property in the previous ten (10) years from the date of such petition from the successor owner(s)." Section 2. That Section 20.08.010 of the Elgin Municipal Code, 1976, as amended, entitled "Required" be and is hereby further amended by amending the introductory paragraph thereof to read as follows: "A certificate of appropriateness shall be required before the following actions affecting the exterior architectural appearance of any designated landmark, of any property within a historic district or of any thematic historic district property may be undertaken:" Section 3. That Section 20.08.070 of the Elgin Municipal Code, 1976, as amended, entitled "Emergency Orders" be and is hereby further amended to read as follows: "Notwithstanding other provisions of this title, whenever the building official finds that an emergency exists in any landmark, property within a historic district or a thematic historic district property which requires immediate action to protect the public's health and safety or that of the occupants thereof, he may issue an order certifying that such conditions exist and requiring actions as are necessary to meet such emergency. Subsequent to the correction of an emergency, the owner of an affected property shall apply for and obtain a certificate of appropriateness and shall restore such property in conformance with the requirements of this title." Section 4. That Section 20.10.040 of the Elgin Municipal Code, 1976, as amended, entitled "Appeals" be and is hereby further amended to read as follows: "When a certificate of appropriateness or a certificate of economic hardship is approved or denied by the heritage commission for a landmark, a structure within a historic district, or a thematic historic district property, the applicant may, within thirty (30) days, appeal the commission's decision to the city council. The council may receive comments on the contents of the record but no new matter may be considered by the council. The city council may affirm the decision or recommend changes by a majority vote of a quorum of the council after due consideration of the facts contained in the record submitted to the council by the commission. The council may overturn the commission's decision by a majority vote of the council." Section 5. That Section 20.11.010 of the Elgin Municipal Code, 1976, as amended, entitled "Issuance; Limitations" be and is hereby further amended to read as follows: "Notwithstanding any of the provisions of this title to the contrary, the heritage commission may issue a certificate to allow for a temporary accessory structure VOLUME LXXX AUGUST 26, 2015 345 which does not conform to the design guidelines to be located on any designated landmark property, any property within a historic district, or any thematic historic district property. No temporary accessory structure which does not conform to the design guidelines shall be located on any designated landmark property, any property within a historic district, or any thematic historic district property for a period of time which exceeds four (4) years. No temporary accessory structure which does not conform to the design guidelines shall be used as a residential dwelling unit or for any residential purpose. Temporary accessory structures shall comply with all other codes and ordinances." Section 6. That Section 20.14.010 of the Elgin Municipal Code, 1976, as amended, entitled "Violation and Penalty" be and is hereby further amended to read as follows: "Any person who undertakes or causes any alteration, construction, removal or demolition of any nominated or designated landmark, property within a nominated or designated historic district, or a property nominated for or designated as a thematic historic district property without a certificate of appropriateness or a certificate of economic hardship shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and shall also be required to restore the building or structure and its site to its appearance prior to the violation. Every day each such violation shall continue to exist shall constitute a separate violation." Section 7. That Section 20.15.020 of the Elgin Municipal Code, 1976, as amended, entitled "Purpose" be and is hereby further amended to read as follows: "The purpose of this program is to provide a financial incentive to encourage private investment in the exterior rehabilitation and restoration of historically/architecturally significant residential structures, particularly designated landmarks, properties located in designated historic districts or designated thematic historic district properties." Section 8. That Section 20.15.070 of the Elgin Municipal Code, 1976, as amended, entitled "Target Area Description" be and is hereby further amended to read as follows: "Grants made pursuant to this chapter shall be limited to residential properties located within a historic district designated by ordinance of the city council, residential properties designated as a landmark by ordinance of the city council or residential properties designated as a thematic historic district property by ordinance of the city council." Section 9. That Section 20.16.020 of the Elgin Municipal Code, 1976, as amended, entitled "Purpose" be and is hereby further amended to read as follows: AUGUST 26, 2015 VOLUME LXXX 346 "The purpose of this program is to provide a financial incentive to encourage private investment in the exterior rehabilitation and restoration of historically/architecturally significant residential structures, particularly designated landmarks, properties located in designated historic districts or designated thematic historic district properties." Section 10. That Section 20.16.070 of the Elgin Municipal Code, 1976, as amended, entitled "Target Area Description" be and is hereby further amended to read as follows: "Grants made pursuant to this chapter shall be limited to residential properties located within a historic district designated by ordinance of the city council, residential properties designated as a landmark by ordinance of the city council or residential properties designated as a thematic historic district property by ordinance of the city council." Section 11. 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 12. 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: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G37-15 PASSED DESIGNATING THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT Councilmember Dunne 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. VOLUME LXXX AUGUST 26, 2015 347 Ordinance No. G37-15 AN ORDINANCE DESIGNATING THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT WHEREAS, the area known as the proposed Elgin Bungalow Thematic Historic District depicted as a non-contiguous geographic area was nominated by the Elgin Heritage Commission as a thematic historic district; and WHEREAS, the Elgin Heritage Commission conducted a public hearing on July 7, 2015, to consider the nomination of the proposed Elgin Bungalow Thematic Historic District; and WHEREAS, the Elgin Heritage Commission adopted a resolution and report determining and finding that the proposed Elgin Bungalow Thematic Historic District meets the criteria for designation as a thematic historic district; and WHEREAS, the nomination of properties as thematic historic district properties within the proposed Elgin Bungalow Thematic Historic District will be completely voluntary on the part of the owner of such properties; and WHEREAS, designation of thematic historic district properties within the proposed Elgin Bungalow Thematic Historic District shall be associated with the bungalow type and will be identified by the Elgin Heritage Commission, Illinois, as significant historic structures within the City of Elgin; and WHEREAS, thematic historic district properties that are eligible to be designated within the proposed Elgin Bungalow Thematic Historic District, express changes and views of the community in the early 20th century, retain their architectural and structural integrity and are worthy of preservation; and WHEREAS, the designation of the proposed Elgin Bungalow Thematic Historic District provides a mechanism to preserve and protect landmarks, buildings, fixtures, facades, places of historical and architectural significance; will stabilize and improve the property values within the city; and encourage civic pride in the accomplishments of the past as demonstrated in the existing structures and landscapes therein; and WHEREAS, it is appropriate to designate properties having special historic, community or aesthetic interest or value for the purpose of recognizing Elgin's historic, aesthetic, architectural and cultural heritage, enhancing the City’s urban architectural heritage, promoting civic pride through an awareness of Elgin's unique development and history, and encouraging conservation of an important segment of the man-made environment of the City of Elgin; and 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 AUGUST 26, 2015 VOLUME LXXX 348 WHEREAS, the adoption of historic preservation regulations, including regulations relating to thematic historic districts and the proposed Elgin Bungalow Thematic Historic District, 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 designates a non - contiguous area of traditional bungalow type homes as a thematic historic district pursuant to Title 20 of the Elgin Municipal Code, 1976, as amended, entitled “Historic Preservation,” which shall be known and referred to as the “Elgin Bungalow Thematic Historic District.” Section 2. To be included within the Elgin Bungalow Thematic Historic District a traditional bungalow home shall include at least sixty (60%) percent of the following subcategories: 1. Must be 1 to 1 ½ story residence. A full second floor is not considered a true bungalow. 2. Low pitched roof. 3. Front or side porch or veranda identifying main entry. 4. Detailing and simple ornamentation. 5. Windows: Predominately double hung sash windows with a single light in the bottom and multiple lights in the top sash, commonly, 3, 4, 5, or 6 vertical panes over one. 6. Doors: Predominately 1 or 2 wooden panel(s) below 3 or more lights. 7. Cladding materials: Wood, cedar shingle or masonry; sometimes more than one cladding material. 8. Decorative features: window boxes, balconies, trellises, trellised porch or pergola. Section 3. A property nominated for designation within the Elgin Bungalow Thematic Historic District shall be evaluated pursuant to the following criteria and rankings to ensure that the Elgin Bungalow Thematic Historic District includes bungalows that exhibit high integrity, historical and architectural significance: Elgin Bungalows Criteria Importance Level (A) Evaluation Score (B) Total (AxB) 1. One to One and one-half story residence 3 0 0 2. Low Sloped Roof ( 7/12 or lower) 3 0 0 3. Massing Type 3 0 0 4. Overhanging Eaves 3 0 0 5. Exposed Rafters, eaves or knee braces 2 0 0 6. Dormer on Second Floor 2 0 0 7. Front Porch (Open or Enclosed) 3 0 0 VOLUME LXXX AUGUST 26, 2015 349 8. Elevated Entrance (High Foundation) 2 0 0 9. Chimney 1 0 0 10. Window Style 3 0 0 11. Original Materials (Clapboard, Brick, Stucco) 2 0 0 12. Natural Colored Exterior - Earth Tones 2 0 0 13. Current Maintenance 2 0 0 14. Integrity to Original Structure (Intact features) 2 0 0 15. Unique characteristic or design element 2 0 0 16. Historical Considerations 2 0 0 37 Total Points 0 Highest Possible Points 370 Total Percentage (Has to be 60% or greater) 0% Importance Level 1 Marginally important to the character of a bungalow style 2 Somewhat important to the character of a bungalow style 3 Very important to character of a particular bungalow style Bungalow Evaluation Scoring Criteria – Guide to evaluating a bungalow (Average Scores of evaluators to be inserted in the “Evaluation Score” Column on Previous table) 2 Does not exhibit any characteristics of the criterion, or is in poor quality, style and/or maintenance; is not associated with any of the historical or cultural conditions found below 4 Exhibits some characteristics of criterion, but is deficient in quality, style and/or maintenance; A building which contributes only to a small degree to the larger historical context of the district AUGUST 26, 2015 VOLUME LXXX 350 6 May be a good example of style, but is lacking in either quality or maintenance; or may be a vernacular element, but of good quality and craftsmanship; A building that is typical of the era in which it was constructed, or representative of larger developments; or, a building that was associated with one family for a long period of time; or a building that has some association with the city's identity 8 Very good example of criterion. Is easily identified, of good quality and craftsmanship; A building associated with one or more persons who were representative of Elgin's history but may not merit individual attention in an historical account; a building which was the site of one or more minor historic events 10 Best possible example of criterion. High style design element, excellent craftsmanship and in excellent condition; or a building associated with one or more individuals who played a leading role in Elgin's history; or a building that was the site of one or more significant historic events Section 4. That the Elgin Bungalow Thematic Historic District shall provide for the voluntary nomination of individual properties that meet the criteria for designation of such properties as thematic historic district properties. Section 5. That the significant exterior architectural features of thematic historic district properties designated within the Elgin Bungalow Thematic Historic District which shall be protected shall be those as defined as a Significant Exterior Architectural Feature in Section 20.04.010 of the Elgin Municipal Code, 1976, as amended. Section 6. That the City Clerk is hereby directed within seven (7) days of the passage of this ordinance to send a copy of this ordinance by regular mail to the Elgin Heritage Commission, the Planning & Zoning Commission, the Community Development Department, the nominator and/or applicants of the proposed Elgin Bungalow Thematic Historic District. Section 7. 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 8. 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 VOLUME LXXX AUGUST 26, 2015 351 Presented: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G38-15 PASSED DESIGNATING 121 MONROE STREET, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT Councilmember Dunne 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. G38-15 AN ORDINANCE DESIGNATING 121 MONROE STREET, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT WHEREAS, on July 7, 2015, the Elgin Heritage Commission conducted a public hearing and determined that 121 Monroe Street meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the property at 121 Monroe Street embodies elements of design, detailing, materials or craftsmanship that identify it as a Bungalow; and WHEREAS, the property has been determined by the Elgin Heritage Commission as one possessing the required characteristics to qualify as eligible to be designated within the Elgin Bungalow Thematic Historic District; and WHEREAS, the property has demonstrated character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country; and AUGUST 26, 2015 VOLUME LXXX 352 WHEREAS, the property retains its architectural and structural integrity and is worthy of preservation; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate 121 Monroe Street as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that 121 Monroe Street, located upon the property legally described as follows: Parcel 1: The part of lot 5 in block IV of Crighton Park addition to Elgin, described as follows: Beginning at the southwest corner of said lot 5; thence easterly along the south line of thereof 66 feet; thence north, parallel with the west line of said lot 45.5 feet; thence west 65.3 feet to a point on the west line of said lot, 53.2 feet north of the place of beginning; thence south on said west line 53.2 north of the place of beginning (except that part described as follows: beginning at the southwest corner of said lot 5; thence northerly along the west line thereof 2.50 feet; thence southeasterly to a point on the south line of said lot 5, 30.0 feet; easterly of the southwest corner thereof; thence westerly to the point of beginning), in the City of Elgin, Kane County, Illinois. be and is hereby designated within the Elgin Bungalow Thematic Historic District as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of this ordinance to the owner(s) of record, and record a certified copy of this ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX AUGUST 26, 2015 353 Presented: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G39-15 PASSED DESIGNATING 903 CEDAR AVENUE, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT Councilmember Dunne 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. G39-15 AN ORDINANCE DESIGNATING 903 CEDAR AVENUE, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT WHEREAS, on July 7, 2015, the Elgin Heritage Commission conducted a public hearing and determined that 903 Cedar Avenue meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the property at 903 Cedar Avenue embodies elements of design, detailing, materials or craftsmanship that identify it as a Bungalow; and WHEREAS, the property has been determined by the Elgin Heritage Commission as one possessing the required characteristics to qualify as eligible to be designated within the Elgin Bungalow Thematic Historic District; and WHEREAS, the property has demonstrated character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country; and AUGUST 26, 2015 VOLUME LXXX 354 WHEREAS, the property retains its architectural and structural integrity and is worthy of preservation; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate 903 Cedar Avenue as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that 903 Cedar Avenue, located upon the property legally described as follows: The south 20 feet of lot 10 and all of lot 11 of Burdick and Spillards addition, in the City of Elgin, Kane County, Illinois. be and is hereby designated within the Elgin Bungalow Thematic Historic District as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of this ordinance to the owner(s) of record, and record a certified copy of this ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 26, 2015 Passed: August 26, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 26, 2015 Published: August 28, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Powell, 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. VOLUME LXXX AUGUST 26, 2015 355 Emergency Telephone System Board July 16, 2015 Heritage Commission July 7, 2015 Liquor Commission July 8, 2015 Planning and Zoning Commission July 6, 2015 Committee of the Whole Minutes for July 8, 2015 City Council Minutes for July 8, 2015 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Video Gaming Revenue Alcoholic Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Rauschenberger, to adjourn the City Council meeting 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 7:39 p.m. s/ Kimberly Dewis September 9, 2015 Kimberly Dewis, City Clerk Date Approved