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HomeMy WebLinkAbouti - May 25, 2016 CC231 VOLUME LXXXI MAY 25, 2016 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 May 25, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m. The Invocation was given by Reverend Jon Pierre Badie from the Second Baptist Church and the Pledge of Allegiance was led by Councilmember Richard Dunne. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Absent: Councilmember Steffen. MINUTES OF THE MAY 4, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the May 4, 2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. COMMUNICATIONS Veterans of the Month Presentation George Rawlinson announced the following as Veterans of the Month noting the contributions to the community for each: Gordon Albright (January), Harry Deitz (February), and Betty Butler (March). National Emergency Medical Services Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Emergency medical services are a vital public service and the members of EMS teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and MAY 25, 2016 VOLUME LXXXI 232 WHEREAS, EMS teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, the EMS system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and WHEREAS, emergency medical services has grown to fill a gap by providing important, out of hospital care, including preventative medicine, follow-up care, and access to telemedicine. NOW, THEREFORE, I, David Kaptain, Mayor of the city of Elgin, proclaim the week of May 15 -21, 2016, as Emergency Medical Services Week and honor all those who have served, who now serve, and who will serve our fair city of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of May, 2016. David J. Kaptain Mayor Proclamation of Appreciation for Sarosh Saher Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Sarosh Saher was originally hired as a Historic Preservation Specialist for the City of Elgin on July 10, 1995, was reclassified to Urban Design and Historic Preservation Specialist on January 1, 2007, promoted to Planning Manager on November 25, 2007, and promoted to Senior Planner on January 2, 2001; and WHEREAS, Mr. Saher was appointed as the Acting Director of Code Administration and Development Services between April 23, 2010 and September 13, 2010, and WHEREAS, during Mr. Saher’s 20 plus years with the City of Elgin, Mr. Saher co- authored Elgin’s Comprehensive Plan and Design Guidelines, facilitated the development of Elgin’s “Design Guideline Manual for Historic Districts and Landmarks”, developed the “Neighborhood Planning Initiative Handbook”, implemented the downtown Façade Improvement and Projecting Sign Programs, developed and implemented the 50/50 and 75/25 VOLUME LXXXI MAY 25, 2016 233 Historic Architectural Rehabilitation Grant Program, and oversaw the establishment of three historic districts and ten individual landmark properties; and WHEREAS, Mr. Saher has been awarded the “Mayors Award for Preservation”, the Illinois Association of Historic Preservation Commissions “Above and Beyond Award”, the Downtown Neighborhood Association’s “Edna Award”, the American Institute of Architects “Outstanding Service Achievement Award”, and India’s National Association of Students of Architecture “National Design Competition”. WHEREAS, Mr. Saher has been a faithful and diligent public servant for more than 20 years and has served on the board of a multitude of industry organizations, taught and presented at workshops and educational programs and performed as a volunteer in an effort to promote historic preservation and community pride in Elgin; and WHEREAS, Mr. Saher announced his departure to become the Community Development Director in Lake Zurich, IL beginning on June 6, 2016. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem to Sarosh Saher for Mr. Saher’s outstanding service to the city and the community on the occasion of his departure and wish him luck in all his future endeavors. IN WITNESS THEREOF, I have hereunto set my hand this 25th day of May, 2016. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Elinor Richoz addressed the city council regarding easement and parking issues by the Haight Building. Danise Habun invited residents to attend the Human Relations Commission’s Courageous Community Conversations “It’s Not about the Art; It’s About the History” being held on June 7th at 7:00 p.m. at the Heritage Ballroom in The Centre. Carl Missele provided information about the resurfacing of Brookside Drive including water runoff issues. Elisa Lara stated her support of the Shared Harvest co-op grocery store. Tim Solarz showed his support and outlined his involvement in the Shard Harvest co-op grocery store. MAY 25, 2016 VOLUME LXXXI 234 Donna Griffin-Lew board member for Shared Harvest commented on the progress of the project and hiring of a manager. Victor Pierce expressed his concerns with the safety of the intersection at Shady Oaks and Summit. He outlined steps he has taken and submitted information from IDOT regarding highway improvement programs. RESOLUTION 16-82 ADOPTED APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2016 TO APRIL, 2017 Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. Resolution No. 16-82 RESOLUTION APPROVING ANNUAL MEMBERSHIP RENEWAL WITH METRO WEST COUNCIL OF GOVERNMENT FOR MAY, 2016 TO APRIL, 2017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the annual membership renewal with Metro West Council of Government for May, 2016 to April, 2017. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Adopted: May 25, 2016 Vote: Yeas: 5 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI MAY 25, 2016 235 ORDINANCE G28-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS 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, and Mayor Kaptain. Nays: None. Ordinance No. G28-16 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS NOW, THEREFORE, 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 D thereof to read as follows: "D. The number of class B licenses shall not exceed twenty-four (24) in number." 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 upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Passed: May 25, 2016 Vote: Yeas: 8 Nays: 0 Recorded: May 25, 2016 Published: May 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 25, 2016 VOLUME LXXXI 236 CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G25-16 through G27-16 and adopt Resolution Nos. 16-77 through 16-81 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. RESOLUTION 16-77 ADOPTED AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT AND ASSIGNMENT OF EASEMENT AND BILL OF SALE WITH FOX RIVER WATER RECLAMATION DISTRICT RELATING TO THE TRANSFER OF OWNERSHIP OF PART OF THE FOX BLUFF CORPORATE CENTER (FBCC) SANITARY SEWER SYSTEM Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 16-77 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT AND ASSIGNMENT OF EASEMENT AND BILL OF SALE WITH FOX RIVER WATER RECLAMATION DISTRICT RELATING TO THE TRANSFER OF OWNERSHIP OF PART OF THE FOX BLUFF CORPORATE CENTER (FBCC) SANITARY SEWER SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Intergovernmental Agreement with Fox River Water Reclamation District on behalf of the City of Elgin relating to the transfer of ownership of part of the Fox Bluff Corporate Center (FBCC) sanitary sewer system, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Assignment of Easement and Bill of Sale with Fox River Water Reclamation District on behalf of the City of Elgin relating to the transfer of ownership of part of the Fox Bluff Corporate Center (FBCC) sanitary sewer system, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXI MAY 25, 2016 237 Presented: May 25, 2016 Adopted: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-78 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE 50/50 AND 75/25 HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAMS Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 16-78 RESOLUTION APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE 50/50 and 75/25 HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAMS WHEREAS, the 50/50 and 75/25 Historic Architectural Rehabilitation Grant Programs have been established to provide financial assistance and incentives for property owners in Elgin's historic districts and individual landmarks in the restoration of their properties; and WHEREAS, in 2016 applications have been made for 14 projects under the city's Historic Architectural Rehabilitation Grant Programs; 11 applications under the 50/50 historic rehabilitation grant program and 3 applications under the 75/25 historic rehabilitation grant program; and WHEREAS, pursuant to Ordinance No. G31-15, funding for the 50/50 and 75/25 Historic Architectural Rehabilitation Grant Programs has been combined into one historic rehabilitation grant fund; and WHEREAS, said applications have been submitted to the Elgin Heritage Commission which conducted a review and scored applications based upon objective criteria and forwarded eligibility lists to the City Council which has reviewed and approved the lists. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $115,736 is allocated for the following projects approved under the grant recipient eligibility lists. MAY 25, 2016 VOLUME LXXXI 238 Owner Address Grant Amount (50/50 Program) Salomon Brito, Jr. 352 Prairie Street $ 20,000.00 Grant Born 265 Douglas Avenue $ 20,000.00 Christopher Berry 442 DuPage Street $ 3,878.40 Heidi Schroeder 802 Douglas Avenue $ 18,553.00 Richard Popko 363 Wellington Avenue $ 5,879.60 Hans Klemmer 376 Prairie Street $ 8,400.00 Jacquelin Settipani 34 N. Porter Street $ 20,000.00 Rosalia and Joaquin Cornejo 372 N. Spring Street $ 4,400.00 (75/25 Program) Vladimira Borisova 916 N. Spring Street $ 14,625.00 TOTAL $115,736.00 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Adopted: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-79 ADOPTED AUTHORIZING EXECUTION OF A LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS FILE P-10610 WITH CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY FOR CONNECTION OF WATER MAINS REGARDING THE WEST PRESSURE ZONE CONNECTIVITY PROJECT Councilmember Powell 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, and Mayor Kaptain. Nays: None. VOLUME LXXXI MAY 25, 2016 239 Resolution No. 16-79 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS FILE P-10610 WITH CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY FOR CONNECTION OF WATER MAINS REGARDING THE WEST PRESSURE ZONE CONNECTIVITY PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, be and are hereby authorized and directed to execute a License For Underground Pipelines, Cables and Conduits File P-10610 with Chicago, Central & Pacific Railroad Company on behalf of the City of Elgin for connection of water mains regarding the West Pressure Zone Connectivity Project (Mile Post 44.47), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Adopted: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-80 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT FOR CAPITAL CORPORATE CENTER WITH ABCP INVESTMENTS, LLC AND ABCP INVESTMENTS, LLC-LAND SERIES (LOT 6 AND LOT 7 OF CAPITAL CORPORATE CENTER-COMMONLY KNOWN AS 1755 AND 1775 CAPITAL STREET; AND 2530 MASON ROAD) Councilmember Powell 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, and Mayor Kaptain. Nays: None. MAY 25, 2016 VOLUME LXXXI 240 Resolution No. 16-80 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT FOR CAPITAL CORPORATE CENTER WITH ABCP INVESTMENTS, LLC AND ABCP INVESTMENTS, LLC-LAND SERIES (Lot 6 and Lot 7 of Capital Corporate Center-Commonly known as 1755 and 1775 Capital Street; and 2530 Mason Road) WHEREAS, the Owner of certain property commonly known as Lot 6 and Lot 7 of Capital Corporate Center, and 2530 Mason Road, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Third Amendment to Annexation Agreement with ABCP Investments, LLC, and ABCP Investments, LLC-Land Series is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment to Annexation Agreement with ABCP Investments, LLC, and ABCP Investments, LLC-Land Series, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Adopted: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-81 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Powell 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, and Mayor Kaptain. Nays: None. VOLUME LXXXI MAY 25, 2016 241 Resolution No. 16-81 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Judith Van Dusen and Tom Krebsbach be and are hereby reappointed as members of the Heritage Commission, each for a term to expire on May 1, 2019. BE IT FURTHER RESOLVED that Joni Courtney be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 2018. BE IT FURTHER RESOLVED that Jeanine Seitz-Partridge be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 2019. BE IT FURTHER RESOLVED that Thomas (Pat) Crawford and David Hudik be and are hereby reappointed as members of the Emergency Telephone System Board (E-911), each for a term to expire May 1, 2018. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Adopted: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G25-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO AMEND THE CLASS N LICENSE REGULATIONS AND TO PROVIDE FOR CERTAIN EDITORIAL REVISIONS Councilmember Powell 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 Mayor Kaptain. Nays: None. MAY 25, 2016 VOLUME LXXXI 242 Ordinance No. G25-16 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO AMEND THE CLASS N LICENSE REGULATIONS AND TO PROVIDE FOR CERTAIN EDITORIAL REVISIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by amending subparagraph Q, subsection 1 thereof relating to the Class N license to read as follows: "1. Class N: For the retail sale of alcoholic liquor at the riverboat gaming pavilion on the premises commonly known as 250 South Grove Avenue, Elgin, Illinois, in the following areas: a. First floor; designated restaurant area in conjunction with the service of meals for consumption on the premises. b. First floor; designated food court, snack bar and all seating areas for consumption on the premises. c. First floor; designated tavern area for consumption on the premises. d. First floor; designated deli area for consumption on the premises and for the sale of craft beer in containers of not less than a six-pack and bottles of wine in the original package for consumption off premises. e. Second floor; designated banquet facility for consumption on the premises. The term "premises" shall include any adjoining interior areas utilized in conjunction with the first floor designated food court, snack bar and seating areas. The term "premises" shall also include any adjoining exterior terrace areas utilized in conjunction with the designated area. The first floor designated tavern area shall be subject to the restrictions for a class A license as set forth under subsection 6.06.140N of this chapter, as amended, relating to the admission of persons who have not attained the age of twenty one (21) years. f. For the retail sale of alcoholic liquor at the city owned Festival Park premises commonly known as 132 South Grove Avenue, Elgin, Illinois, in conjunction with special events approved by the city. VOLUME LXXXI MAY 25, 2016 243 g. The license fee per year is eight hundred eighty dollars ($880.00)." 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 S, subsection 1 thereof by deleting from the listing of license classifications therein the reference to the Class E- 4 license. Section 3. That Section 6.06.042 of the Elgin Municipal Code, 1976, as amended, entitled "Limited Special Promotion Sales" be and is hereby further amended by deleting from the listing of license classifications in the initial paragraph thereof the reference to the Class E-4 license. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force upon its passage and publication as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Passed: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 25, 2016 Published: May 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G26-16 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO AMEND THE AREAS OF SPECIAL CHARACTER TO INCLUDE THE GRAND VICTORIA CASINO PROPERTY (250 AND 255 SOUTH GROVE AVENUE) Councilmember Powell 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 Mayor Kaptain. Nays: None. MAY 25, 2016 VOLUME LXXXI 244 Ordinance No. G26-16 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO AMEND THE AREAS OF SPECIAL CHARACTER TO INCLUDE THE GRAND VICTORIA CASINO PROPERTY (250 and 255 South Grove Avenue) WHEREAS, written application has been made to amend the Elgin zoning ordinance to amend the areas of special character to provide for special street graphics not otherwise allowed by the zoning ordinance; and WHEREAS, the Planning and Zoning Commission held a public hearing on April 4, 2016, concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said amendments, attached hereto as Exhibit A; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said amendments; 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 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, zoning, including, but not limited to this ordinance to amend the areas of special character 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. The properties commonly known as 250 and 255 South Grove Avenue be included within an area of special character, such properties being legally described as follows: PARCEL 1: LOTS 1 THROUGH 14, BOTH INCLUSIVE, IN BLOCK 3 OF O. DAVIDSON'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. VOLUME LXXXI MAY 25, 2016 245 PARCEL 2: LOTS 1 THROUGH 11 AND 18 THROUGH 28, ALL INCLUSIVE, IN BLOCK 2 OF O. DAVIDSON'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO LOTS 1 THROUGH 12 AND THE VACATED ALLEY LYING NORTHWESTERLY LINE OF SAID LOTS 1 TO 10 INCLUSIVE AND SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF SAID LOTS 11 AND 12 IN BLOCK C OF DAVIDONS’S GROVE AVENUE SUBDIVISION, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF VACATED WELLINGTON AVENUE LYING IN PART OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY OF NATIONAL STREET AND SOUTHERLY OF A LINE DRAWN FROM THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF LAKE STREET WITH THE WESTERLY RIGHT OF WAY OF WELLINGTON AVENUE, NORTHEASTERLY TO A POINT ON THE NORTHERLY LINE OF LOT 15, BLOCK. 2 OF RAILROAD ADDITION TO ELGIN, SAID POINT BEING 72.75 FEET SOUTHWESTERLY OF (AS MEASURED ALONG SAID NORTHERLY LINE) THE NORTHEAST CORNER OF SAID LOT 15, BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 5: EASEMENT AGREEMENT MADE BY THE KANE COUNTY FOREST PRESERVE, TO THE CITY OF ELGIN, FOR AN UNDERGROUND, ABOVE GROUND EASEMENT, AND A CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS FOR USES ASSOCIATED WITH A RIVERBOAT GAMBLING SITE, INCLUDING PARKING, SERVICE, MAINTENANCE, STRUCTURAL SUPPORT AND PEDESTRIAN AND VEHICULAR TRAFFIC RECORDED SEPTEMBER 21, 1993 AS DOCUMENT NUMBER 93K72210. Section 2. That Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, Entitled “Areas Of Special Character”, Subsection A, be and is hereby further amended by adding the following additional Subsection 6 thereto to read as follows: “6. The Grand Victoria Casino at 250 and 255 South Grove Avenue comprising of 10.84 acres bounded by the Fox River on the West, Lake Street on the North, National Street on the South and the Union Pacific Railroad Company right-of-way on the East, that property as described in Ordinance G27-16.” 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. MAY 25, 2016 VOLUME LXXXI 246 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: May 25, 2016 Passed: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 25, 2016 Published: May 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G27-16 PASSED ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE GRAND VICTORIA CASINO AREA OF SPECIAL CHARACTER AND ESTABLISHING A PROGRAM FOR GRAPHICS (250 AND 255 SOUTH GROVE AVENUE) Councilmember Powell 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 Mayor Kaptain. Nays: None. Ordinance No. G27-16 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE GRAND VICTORIA CASINO AREA OF SPECIAL CHARACTER AND ESTABLISHING A PROGRAM FOR GRAPHICS (250 and 255 South Grove Avenue) WHEREAS, said territory commonly referred to as the Grand Victoria Casino at 250 and 255 South Grove Avenue has been classified in the PCC Planned Center City District; and WHEREAS, written application has been made to add the property commonly known as Grand Victoria Casino at 250 and 255 South Grove Avenue within an area of special character; and WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the city as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption VOLUME LXXXI MAY 25, 2016 247 of special regulation for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G26-16, has designated the property commonly referred to as Grand Victoria Casino at 250 and 255 South Grove Avenue, and further described in Section 1 of said ordinance as the Grand Victoria Casino Area of Special Character pursuant to Section 19.50.105; and WHEREAS, written application has been made to adopt special regulations for street graphics and a Program for Graphics on the property commonly referred to as Grand Victoria Casino at 250 and 255 South Grove Avenue, those regulations being further described in Section 1 of this ordinance as part of the Grand Victoria Casino Area of Special Character; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning adding the property at Grand Victoria Casino at 250 and 255 South Grove Avenue as an Area of Special Character and concerning the proposed special regulations and program for graphics, and has submitted its written findings and recommendation, hereto attached as Exhibit A, that the subject property be established as the Grand Victoria Casino Area of Special Character and that the special regulations for street graphics be granted; and WHEREAS, the City Council has previously determined that the Grand Victoria Casino Area of Special Character has unique characteristics including the area's location, and value to downtown Elgin’s cultural and entertainment district; and WHEREAS, the City Council further finds that the location and use of the subject property as a regional tourist facility, presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and WHEREAS, the proposed special regulations and program for graphics for the subject property are consistent with the unique character and unique use of the Grand Victoria Casino Area of Special Character and departures from the street graphics ordinance as contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of the subject property’s portion of the Grand Victoria Casino Area of Special Character; 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 WHEREAS, zoning, including, but not limited to, this ordinance establishing special regulations for street graphics and a program for graphics pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: MAY 25, 2016 VOLUME LXXXI 248 Section 1. The following Special Regulations for Street Graphics for the Grand Victoria Casino Area of Special Character, such property being legally described in the Ordinance Amending Chapter 19.50 of the Elgin Municipal Code, 1976, as Amended, entitled "Street Graphics," Regarding the Grand Victoria Casino Area of Special Character, Ordinance No. G26- 16 (the "Subject Property"), be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the graphics exhibit entitled Electronic Message Board Monument Sign B-001, Proof No. 2 dated March 24, 2016; and two (2) wall-mounted signs B-002 Proof No 1, dated February 17, 2016 prepared by Image 360, attached hereto as Exhibit 1 (such plan is hereinafter referred to as the “Subject Special Sign District Plan”). Pursuant to the Subject Special Sign District Plan, one free-standing monument style double-faced light emitting diode (LED) electronic changeable copy graphic (the “Special Sign A”) and depicted, and one wall mounted single-faced light emitting diode (LED) electronic changeable copy graphic (the “Special Sign B”) shall be permitted on the Subject Property in the location as set forth in paragraph 3 below. 2. Compliance with the Program for Graphics attached hereto as Exhibit 2, such program for graphics prepared by Image360, including the following exhibits: a. Master Location Plan dated February 17, 2016 b. Plat of Survey prepared by Alan J. Coulson, P.C. dated January 13, 1988 c. Illuminated Monument Wayfinding Sign A-012, A-013, A-014, A-015, A-016, and A-017, Proof No. 2 dated March 24, 2016 d. Refacing Existing Sign, Exhibits A-001 (rear of boat), A-002 (circular cabinet between smoke stacks), A-003 (paddle wheel signs), A-004 (crosswalk pedestrian bridge illuminated channel lettering), A-005 and A-006 (southeast end parking lot), A-007 and A-008 (parking garage south and north facing entrance/exit), A-009 (parking garage south facing entrance/exit dimensional lettering), A-010 (parking garage west facing entrance/exit), A-011 (parking garage west facing entrance/exit dimensional lettering), A-018 (illuminated wayfinding sign) – dated February 24, 2016. e. Promotional Banners Exhibits D-001 (south end of boat) and Promotional Window Graphics exhibit D-002 (2 graphics on pedestrian bridge) f. Removal of Signs exhibits C-001, C-002, C-003, C-004, C-005, C-006 and C- 007 dated February 17, 2016 at various locations on the property, with no proposal for replacement of these graphics. 3. The Special Sign A shall be installed only at a location at the northwest corner of the intersection of National Street and South Grove Avenue as depicted on Exhibit 1 attached hereto. The Special Sign will be landscaped in an area equal to no less than 2.5 times the surface area of the graphic. The Special Signs B shall installed only on the north and south facing elevations of the pedestrian bridge also as depicted on Exhibit 1 attached hereto. 4. The graphics shall be oriented in such a manner as to create minimum negative impact to the greatest extent possible on residential property in the vicinity. VOLUME LXXXI MAY 25, 2016 249 5. The light emitting diode (LED) electronic display panels included as part of the graphics shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively “Image” or “Images”) shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. b. The rate of change for any Image shall be for a minimum period of ten (10) seconds, i.e., each Image displayed shall be displayed for a minimum period of ten (10) seconds. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. The intensity or maximum brightness of the light emitting diode (LED) electronic display panels shall not exceed five thousand (5,000) nits when measured from the sign’s face at its maximum brightness, during daylight hours, and five hundred (500) nits when measured from the sign’s face at its maximum brightness between dusk and dawn, i.e. the time of day between sunrise and sunset. The light emitting diode (LED) electronic display panel shall include an ambient light meter at a programmable or manual dimming capacity. e. The square footage of the light emitting diode (LED) electronic message center shall not exceed the following dimensions: i. 56.3 square feet for the monument sign (Special Sign A) ii. 60 square feet for each of the wall mounted signs on the pedestrian bridge facing a northerly and southerly direction (Special Sign B) f. The light emitting diode (LED) electronic changeable copy graphics, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as Off Premises Street Graphics. g. The light emitting diode (LED) electronic display panels shall display Images limited solely and only to displaying in text the names, logos and messages of the functions and activities of the Subject Property. h. In the event of any conflict between the standards for the light emitting diode (LED) electronic display panel as provided for in this Subsection 5 and the provisions within the Subject Special Sign District Plan, the provisions of this Subsection 5 shall supersede and control. MAY 25, 2016 VOLUME LXXXI 250 6. The owner shall be permitted to obtain any required building and zoning permits to modify the following attributes of the graphic without requiring further amendment to this ordinance: a) Re-location of the graphic (Special Sign A) along the frontage of National Street or Grove Avenue. b) Position and dimensions of the electronic display panel within the overall graphic (Special Sign B) as long as the surface area of such panel does not exceed 60 square feet in surface area. 7. In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 8. With the sole exception of the Special Signs A and B (i.e., the light emitting diode (LED) electronic changeable copy graphics described in paragraph 1 and the non-electronic graphics described as part of the Program for Graphics in Paragraph 2 of this section as authorized in this ordinance), all other street graphics on the Subject Property shall comply with the following additional provisions: 1. Substantial conformance to the development application, statement of purpose and conformance with attachments submitted by Image360, dated received on February 19, 2016. 2. Compliance with all other applicable codes and ordinances. Section 2. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Passed: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 25, 2016 Published: May 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI MAY 25, 2016 251 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Gavin, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Cultural Arts Commission, April 11, 2016 Emergency Telephone System Board, April 21, 2016 Human Relations Commission, April 5, 2016 Liquor Commission, April 13, 2016 Planning and Zoning Commission, February 1 and April 4, 2016 Committee of the Whole Minutes for April 27, 2016 City Council Minutes for April 27, 2016 Sales Tax Local Sales Tax State Income Tax State Use Tax Alcoholic Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:20 p.m. s/ Kimberly Dewis June 8, 2016 Kimberly Dewis, City Clerk Date Approved