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HomeMy WebLinkAboutG49-92 (3) e CITY OF ELGIN ORDINANCE NO. G49-92 AN ORDINANCE AMENDING CHAPTER 13 . 04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GENERAL REGULATIONS" ADOPTED BY THE ew CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12TH DAY OF AUGUST, 1992 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 12th day of August, 1992 . elk STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on August 12, 1992, the Corporate Authorities of such municipality passed and approved Ordinance No. G49-92, entitled An Ordinance Amending Chapter 13 . 04 of the Elgin Municipal Code, 1976, As Amended, Entitled "General Regulations, " which provided by its terms that it should be published in pamphlet form. eft The pamphlet form of Ordinance No. G49-92, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 13, 1992, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on August 13, 1992 . 1f Munici.. lerk (SEAL) r ellmh Ordinance No. G49-92 AN ORDINANCE AMENDING CHAPTER 13. 04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GENERAL REGULATIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 13 . 04 . 120 entitled "Commercial use of public way prohibited" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows: 13 . 04 . 120 Commercial use of public way prohibited. It is unlawful for any person, firm or corporation to use any street, sidewalk or other public place as space for the display of goods or merchandise, or to write or mark any sign or advertisement on any such pavement. Exceptions to this section may be granted by written approval of the director of public works or city council for a maximum period of three days and shall not issue if the use interferes with pedestrian or vehicular r► traffic, public utilities, or results in a safety hazard. Section 2 . That Section 13 . 04 . 130 entitled "Encroach- ments" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 13 .04 . 130 Encroachments . A. It is unlawful to erect or maintain any private building or structure which encroaches upon any public right-of-way or property. Exceptions to this section may be made only upon the written approval of the city manager with the recommendation of the city engineer; or by the city council, and shall not issue if the structure or building interferes with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. Section 3 . That Section 13 . 04 . 150 entitled "Poles and wires--Limited placement" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : r r 13 .04 . 150 Poles and wires--Limited placement. It is unlawful to erect or maintain any poles or wires over any public place, street, alley or other public way. Exceptions to this section may be made only upon the written approval of the director of public works; or city council . Such permission shall not issue if the poles or wires interfere with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. Section 4 . That Section 13.04 . 160 entitled "Openings in public way--Permit" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 13 .04 . 160 Openings in public way--Permit. All presently maintained openings shall be guarded by a suitable cover or railing as approved by the director of public works . It is unlawful to construct any opening or stairway in any public street, sidewalk or alley. Exceptions to this section may be made only upon the written approval of the director of public works . Such permit shall eft not issue if the opening or stairway interferes with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. Section 5. That Section 13.04 . 170 entitled "Deposits on streets" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 13 .04 . 170 Deposits on streets . A. It is unlawful for any person to deposit on any street, sidewalk, or alley, any dirt, mud, clay, cement, concrete, gravel, stones, plant matter, snow, refuse or garbage. B. In the event the person depositing such material fails to immediately remove the material, the director of public works may cause the material to be removed. The cost of such removal and all expenses incurred in connection therewith shall be assessed against and paid by the person depositing the material. C. Assessment of costs against any person violating this chapter shall not be construed as a waiver of the right of the city to impose a fine elft pursuant to the terms of Chapter 1 .20 of this code. Section 6 . That Section 13 .04 . 190 entitled "Deposit of snow on public property" of the Elgin Municipal Code, 1976, as amended, be and is hereby deleted. Section 7 . That Chapter 13 .04 entitled "General Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 13 . 04 .210 to read as follows : 13 . 04 .210 Certificates of insurance. Each applicant for an exception pursuant to sections 13.04 . 120, 13 . 04 . 130, 13 . 04 . 150 and 13 .04 . 160 shall obtain and provide to the city, a certificate of insurance, naming the city as additionally insured on a public liability insurance policy which shall insure against all public risks related to the use, maintenance, existence or location of the encroachment, and shall consist of Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage for $100,000 per occurrence; $500,000 annual aggregate. Section 8 . That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 9 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Gei VanDeVoorde, Mayor Presented: August 12, 1992 Passed: August 12, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 13, 1992 Published: August 13, 1992 Attest: Dolonna Mecum, it Clerk r MEMORANDUM Community Development Group Elgin, Illinois DATE: July 3, 2002 TO: Loni Mecum, City Clerk V Ray Moller, Economic Development Director Jerry Deering, Code Administration Director Joe Evers, City Engineer FROM: David Sundland, Development Services Manager SUBJECT: License Agreement Procedure A number of requests for license agreements have been received recently, and there has been a bit of uncertainty as to the proper way to process the requests. As such, it would be beneficial to document the proper procedure. A draft memo outlining a procedure for processing license agreement requests is attached (a sample license agreement is also attached). Before this is sent out to all of the affected staff,please review the process to see if it is acceptable. The only proposed change from the way the agreements are generally processed now is that any proposed license agreement would be discussed as a group before it is forwarded to the City Manager or City Council. Please specifically consider the following issues: • Is the Development Review Group meeting the proper forum for discussing the license agreement requests? • Is it acceptable for license agreements for residential properties not to go to the City Council? • Where should the agreements be filed? With the City Clerk, engineering, economic development, DCA, or a combination? • What is the best way to ensure that the agreement (and associated insurance, etc.) is properly renewed each year? Please provide comments to me by July 15, 2002, or let me know if you would like to meet to discuss the issue. MEMORANDUM Community Development Group Elgin, Illinois DATE: July 3, 2002 TO: DCA Planning Staff PW Engineering Loni Mecum, City Clerk Ray Moller, Economic Development Director FROM: David Sundland,Development Services Manager SUBJECT: License Agreements The private use of public right-of-way requires a license agreement. Examples of the private use of right-of-way would include having an outdoor dining area on a downtown sidewalk,or having parking spaces for a business or institutional use within the right-of-way. The uses approved via a license agreement generally merit input from the Public Works Department, the Code Administration Department, and the Economic Development Department. The license agreement process is as follows: 1. The applicant submits an application for a license agreement. The application shall consist of the following: a. A signed copy of the draft agreement(using a form provided by the City). b. A description of the proposed use. c. 3 copies of a site plan,indicating the location of the property,any proposed improvements, and the manner in which the right-of-way will be used. The license agreement form will be available at, and the application can be submitted to, engineering,DCA, or economic development. 2. Upon receipt of the application, the receiving department will send copies to the other two depaitments (°/o "Planner of the Day" if to DCA, City Engineer if to engineering, and Economic Development Director if to economic development). 3. At the first Development Review Group(Tuesday afternoon)meeting following the submittal of the application,the request will be discussed by the affected departments and a recommendation agreed upon. 4. For residential properties, the license agreement, along with the recommendation of the affected depattments, will be forwarded to the City Manager. For nonresidential properties, the license agreement and recommendation will be forwarded to the City Council. For properties within the Center City, the license agreement will be processed by the Economic Development Director. For other properties, the license agreement will be processed by engineering. 5. Upon approval by the City Manager or City Council, the license agreement will be signed by the City Manager and filed with the City Clerk. July 12 , 2002 MEMORANDUM TO: David Sundland, Development Services Manager FROM: William A. Cogley, Corporation Counsel SUBJECT: License Agreement Procedure I am in receipt of your July 9, 2002 memorandum regarding the above-referenced matter. Attached is a copy of my August 24 , 2001 memorandum to Ray Moller regarding two proposed license agreements. Such memorandum recites the city' s previous significant administrative difficulties regarding license agreements . Such memorandum also refers to a previous determination by the city manager and other senior city staff members that as a matter of policy the city will strictly limit these types of license agreements and will only enter into such license agreements where the person seeking a license to locate a private improvement in a city-owned right-of-way can establish no other available alternatives and/or there is a corresponding identifiable public benefit . The city did eventually enter into a license agreement with Eric Engelby and Bobbi Engelby to allow the construction of a fence in the public right-of-way adjacent to 636 Park Street . Such license agreement was authorized not by the staff but by the city council . Elgin Municipal Code Section 13 . 04 . 130 provides in part that exceptions to the prohibition against the erection or maintenance of any private building or structure into the public right-of-way may be made upon the written approval of the city manager with the recommendation of the city engineer, or by the city council, if the structure or building does not interfere with pedestrian or vehicular traffic or public utilities or does not result in a safety hazard. My opinion on this issue remains unchanged. I suggest you confer with Mr. Folarin to determine what his position is with respect to this issue and what procedures he wishes to be followed in considering license agreement requests WA mg Attachment cc : Jerry Deering (w/attach. ) Joe Evers (w/attach. ) Femi Folarin (w/attach. ) Loni Mecum (w/attach. ) Ray Moller (w/attach. ) MEMORANDUM Community Development Group Elgin, Illinois DATE: July 9, 2002 TO: Loni Mecum, City Clerk Bill Cogley, Corporation Counsel Ray Moller, Economic Development Director Jerry Deering, Code Administration Director Joe Evers, City Engineer FROM: David Sundland, Development Services Manager SUBJECT: License Agreement Procedure A number of requests for license agreements have been received recently, and there has been a bit of uncertainty as to the proper way to process the requests. As such, it would be beneficial to document the proper procedure. A draft memo outlining a procedure for processing license agreement requests is attached (a sample license agreement is also attached). Before this is sent out to all of the affected staff,please review the process to see if it is acceptable. The only proposed change from the way the agreements are generally processed now is that any proposed license agreement would be discussed as a group before it is forwarded to the City Manager or City Council. Please specifically consider the following issues: • Is the Development Review Group meeting the proper forum for discussing the license agreement requests? • Is it acceptable for license agreements for residential properties not to go to the City Council? • Where should the agreements be filed? With the City Clerk, engineering, economic development, DCA, or a combination? • What is the best way to ensure that the agreement (and associated insurance, etc.) is properly renewed each year? Please provide comments to me by July 17, 2002, or let me know if you would like to meet to discuss the issue. August 24 , 2001 MEMORANDUM TO: Raymond H. Moller, Director of Business Services FROM: William A. Cogley, Corporation Counsel SUBJECT: Proposed License Agreements with Pedro Franco and Eric Engelby and Bobbi Engelby I am in receipt of your request to review the proposed license agreement with Pedro Franco. Such proposed license agreement would provide Mr. Franco with a license from the city to bolt a staircase to the city' s retaining wall located in the DuPage Street right-of-way adjacent to 307-311 DuPage Street . I am also in receipt of your request to review the proposed license agreement with Eric Engelby and Bobbi Engelby. Such proposed license agreement would provide Mr. and Mrs . Engelby with a license from the city to extend the proposed fencing to be located at their home at 636 Park Street into the adjacent city right-of-way. The city has experienced significant administrative difficulties regarding similar license agreements whereby persons have been permitted to construct fences and other encroachments within city-owned right-of-way. Many of these problems relate to the licensees not complying with the terms of the license agreements including not maintaining and submitting the required certificates of insurance . Earlier this year the engineering division forwarded to the legal department 26 license agreements for which the licensees had failed, even after repeated written warning notices, to submit the insurance required by the license agreements . The legal department thereafter drafted 26 termination notices as a result of the licensees ' failure to provide the required insurance. Such circumstances present the city with unnecessary liability relating to the uninsured private improvements in the city-owned right-of-way. I have discussed with the city manager and other senior staff members the subject of these types of license agreements and the two proposed license agreements submitted by you for review. It has been determined that as a matter of policy the city will strictly limit these types of license agreements and will only enter into such license agreements where the person seeking a license to locate a private improvement in a • Raymond H. Moller Page 2 August 24, 2001 city-owned right-of-way can establish no other available alternatives and/or there is a corresponding identifiable public benefit . The proposed license agreement with Mr. Pedro Franco appears to involve Mr. Franco having bolted a stairway platform to a city retaining wall located in the DuPage Street right-of-way. Based upon the photographs you have submitted it appears that Mr. Franco utilized the city retaining wall out of mere convenience as it appears Mr. Franco could have easily constructed this stairway platform on his own property by using a different means of construction other than bolting the structure into the city right-of-way. The proposed license agreement with Mr. and Mrs . Engelby appears to involve Mr. and Mrs . Engelby extending a proposed fence from their residential property several feet into the city right-of-way and then north and south in the Preston Avenue city-owned right-of-way. The plat of survey included within the documents you have submitted indicates that locating a portion of the fence on the city-owned right-of-way is entirely unnecessary as there is ample room at the eastern boundary of Mr. and Mrs . Engelby' s property to locate the subject fence . Based upon the city' s previous experiences with the type of license agreements at issue including the significant administrative difficulties relating thereto, the foregoing policy determination and the circumstances as presented in the two proposed license agreements, please be advised that the city will not be entering into the two subject proposed license agreements . Please advise Mr. Franco and Mr. and Mrs . Engelby accordingly. Mr. Franco should also be advised to immediately alter his stairway structure so as to remove the bolts or other encroachment from the city' s retaining wall and right-of-way. Mr. Franco should also be further advised that unless the bolts and any other encroachment are removed from the city' s retaining wall and right-of-way within a specified period of time that such bolts and encroachment will be removed by the city. I am advised by Lauren Kieck that the fence permit for Mr. and Mrs. Engelby has been approved only for the north, west and south boundaries of the subject lot . In the event Mr. and Mrs. Engelby are desirous of proceeding with fencing on the east boundary of their property, Mr. and Mrs . Engelby should • . Raymond H. Moller Page 3 August 24 , 2001 be advised to amend their fence permit application to show the proposed fence being located entirely on their own property and not on any portion of the city right-of-way. WAC mg cc : Joyce A. Parker Jerry Deering Joe Evers Lauren Kieck David Lawry Michael R. Gehrman Richard G. Kozal Donald B. Leist