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HomeMy WebLinkAboutG6-99 (2) Ordinance No. G6-99 AN ORDINANCE AMENDING CHAPTER 20 . 15 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 20 . 15 . 060 of the Elgin Municipal Code, 1976 , as amended, entitled "Program-General" be and is hereby amended by amending Subsection A4 to read as follows : "4 . In the event the work under the grant program has not been properly completed within the eighteen ( 18 ) month time period as provided by the grant program agreement or other code violations on the property remain which were identified in the first evaluation and which were not included within a previously executed long term rehabilitation agreement pursuant to Elgin Municipal Code Section 2 . 65 . 030, as amended, the grant funds shall be deemed forfeited. Notwithstanding the foregoing, in the event the work under the grant program has not been properly completed within the eighteen ( 18 ) month time period as provided by the grant program agreement the Director of the Department of Code Administration and Neighborhood Affairs , upon written application by the owner, may grant an extension of time not to exceed an additional ninety ( 90) days when the owner can establish that the completion of the work under the grant program has been delayed or stopped due to accident, strikes, shortages of materials, extreme weather, acts of God or other causes not within the owner' s reasonable control . A further reinspection shall be conducted at the end of any such extension time frame and if the work under the grant program has not been properly completed at the time of such further reinspection the grant funds shall be deemed forfeited. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law, provided further, this ordinance shall be deemed to apply retroactively to pending historic/architectural rehabilitation grant program agreements . s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Passed: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 11, 1999 Published: February 12 , 1999 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk O'E�C i ,,,, t-,-,s' City of Elgin Agenda Item No. IL, ck. \ 1,- _ „... A',ITED FES' January 21, 1999 TO: Mayor and Members of the Elgin City Council , FROM: Joyce A. Parker, City Manager SUBJECT: Consideration of an Ordinance Amendment to Provide Extensions to Projects Under the 50/50 Historic Architectural Rehabilitation Grant Program PURPOSE The purpose of this memorandum is to provide the Mayor and Members of the City Council with information to consider the following: 1 . An amendment to Chapter 20 . 15 of the Historic Preservation Ordinance to grant an extension to participating projects, when the completion of a project is delayed or stopped due 411 to accident, strikes, shortages of material, extreme weather, acts of God, or other causes not within the owner ' s reasonable control . 2 . Approve an extension to the property at 403 Division Street, completed two weeks beyond the allocated time of 18 months . BACKGROUND The 50/50 Historic Architectural Rehabilitation Grant Program provides incentives to residential property owners to offset the costs of rehabilitation work. Eligible properties are either in the City' s locally designated historic districts or are a designated historic landmark. Since it was begun in 1995, over 50 properties have participated in the program, generating over $400, 000 in private investment by property owners . The added incentive has allowed the restoration of architectural details and materials on buildings which would have normally not been feasible without the ability of the grant i program to offset those expenses . The continued success of the , program has resulted in an increase in the number of applications wishing to participate in the program. The partnership between property owners and the City has helped restore properties within historic districts, increasing pride in ownership and IIIneighborhood stability. Historic Architectural Rehab Grant Program January 21, 1999 Page 2 • The property at 403 Division Street had signed an agreement with the City to participate in the 1997 round of the program. The application had scored the highest among those submitted based on the established criteria for selection of projects . The scope of work proposed to be carried out to the property includes restoration of the front and rear porches, repair of wood siding on the building`, scraping and painting the exterior of the structure and replacing the shingle on the roof with architectural composition shingle . The property owner proposed completing the work himself . The term of the 18-month agreement, begun on June 30, 1997, has expired as of December 30, 1998 . However, the work under the terms of the agreement had not been fully completed. An inspection of the property was carried out on January 4 , 1999 to determine the amount of work completed. It was concluded that 90% of the total work was completed and in accordance with the requirements of the program. The property owner indicated that an additional two weeks would be required to complete the grant project . The Elgin Heritage Commission considered the request for additional time at their meeting on January 5, 1999 and voted to recommend that the property owner be provided with an additional • 30 days to complete the project based on the following reasons : 1 . The property owner, completing the work on his own, had shown steady progress in completing the work throughout the 18-month period. 2 . The quality and workmanship of the work completed is very high. Every attention to detail has been afforded to restoring the architectural details on the structure . 3 . The restored property has a very large impact on neighboring properties within the district . 4 . Due to constraints of the weather, the property owner could not carry out much work in the last few weeks of the time allotted. Another inspection of the property was carried out by City staff on January 20, 1999 to determine the current status of the project . Staff has determined that the grant project work has been completed in accordance with the requirements of the grant program. • . Historic Architectural Rehab Grant Program January 21, 1999 Page 3 • COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Elgin Heritage Commission reviewed this matter at their January 5 , 1999 meeting. The Commission passed a motion recommending a 30-day extension of the 50/50 Historic Architectural Rehabilitation Grant Program agreement for the project at 403 Division Street . The Heritage Commission understands that there is no provision in the ordinance enabling the program to allow for additional time to complete grant project work. However, the Commission also believes that removing this project from the program based on a technicality would not serve the overall objective of the program, which is to promote quality construction and the restoration of homes within Elgin' s historic districts . The property owners at 403 Division Street have been notified of the status of this process . pFINANCIAL IMPACT The project at 403 Division Street was awarded a grant totalling $10 , 000 . The 50/50 Historic Architectural Rehabilitation Grant Program had a 1997 fiscal year budget of $100, 000 . Expenditures from this program were charged to the Elgin Riverboat Fund • (account number 275-0000-791-78-99, project number 157100) . The total cost of the completed project is estimated at $20, 385 . LEGAL IMPACT Chapter 20 . 15 of the Elgin Municipal Code, Historic Architectural Rehabilitation Grant Program, currently states, "The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Elgin Design Guideline Manual and in conformance with the Certificate of Appropriateness (COA) within an eighteen (18) month period from the date of the execution of the agreement . " Currently, no provision is made in the ordinance, or supporting rules and regulations, that would allow an extension of the agreement after it has expired. ALTERNATIVES la . Approve the recommendation of City Staff and the Elgin Heritage Commission to amend Chapter 20 . 15 of the historic preservation ordinance to provide an extension not to exceed 90 days to projects, when the completion of a project is delayed or stopped due to accident, strikes, shortages of material, extreme weather, acts of God, or other causes not within the owner ' s reasonable control . • lb. Approve the grant extension to the project at 403 Division Street completed two weeks beyond the allotted time of 18 months . 1 Historic Architectural Rehab Grant Program January 21, 1999 Page 4 110 2 . Reject the recommendations and require that the grant ordinance remain the same . RECOMMENDATION It is recommended , that the City Council approve the recommendation of City staff and the Elgin Heritage Commission to amend Chapter 20 . 15 of the historic preservation ordinance to provide an extension not to exceed 90 days to projects, when the completion of a project is delayed or stopped due to accident, strikes, shortages of material, extreme weather, acts of God, or other causes not within the owner ' s reasonable control and to approve the grant extension to the project at 403 Division Street for 30 days . Respectfully Submit d, (_: J , rat-r (!-r . Parer City Manager • • HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this 3 O day of • IT t,) , 1997, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as the "City") and Marilynn Krug, (hereinafter referred to as the "Applicant"), WITNESSETH: WHEREAS, the applicant is the owner of the property commonly known as 403 Division St., Elgin Illinois, (hereinafter referred to as the"subject property"); and WHEREAS, the Applicant has made an application to the City of Elgin for an historic • architectural rehabilitation grant to be used for certain historic architectural rehabilitation of the subject property; and WHEREAS, the city has agreed to provide an historic architectural rehabilitation grant to the Applicant for historic architectural rehabilitation of the subject property pursuant to the terms and conditions of this agreement. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings • contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are incorporated into this agreement in their entirety. 2. That the Applicant represents and warrants that he complies with the applicant eligibility guidelines for the Historic Architectural Rehabilitation Grant Program including the following: a. The applicant is the owner of the subject property and the structure thereon which is to be rehabilitated, and is at least eighteen (18) years of age, or has been designated and authorized by the owner of the subject property to commit the changes proposed on the subject property. b. The applicant has and shall maintain the subject property as a lawful, conforming, residential property in compliance with all applicable codes and ordinances and the subject property contains no more than four (4) dwelling units at the time of the execution of this agreement. c. The Applicant shall remain as the owner of the subject property for not less than twelve (12) months after the rehabilitation project has been completed. 3. The Applicant shall obtain a certificate of Appropriateness and all necessary building permits for all exterior alteration or construction work to be performed on the subject • property which is the subject of this agreement. • 4. The Applicant shall complete all work proposed under this agreement in the conformance with the Elgin Design Guideline Manual and in conformance with all other applicable codes and ordinances. 5. That the Applicant shall complete all work under the terms of this agreement within a period of eighteen (18) months after the execution of this agreement. 6. That the applicant shall complete each task on the exterior of the subject property as follows: Remove and replace roofs on house and garage Repair front and rear porches Repaint house and garage 7. That prior to the execution of the agreement, the Applicant has furnished at least two (2) signed bids which provide the names of the individual or business who will be directly responsible for each task outlined in the preceding paragraph with the itemized cost estimates for all labor and materials on each task set forth therein. 8. That the applicant shall present paid receipts, or copies of paid receipts that itemize the eligible material and labor, copies of building permits, bids, contracts, invoices, and • contractor's final waivers of lien upon completion of the above-outlined work to be performed. 9. That the City agrees to disburse the grant payment to the Applicant with the amount and nature of the payment as prescribed in the City's Historic Architectural Rehabilitation Grant Program policies. 10. That the City shall provide a final evaluation of the subject property at no cost to the Applicant. 11. That in the event that the Applicant fails to perform any of its obligations under this subject agreement, remedies to the City shall include forfeiture of the grants as prescribed on the Historic Architectural Rehabilitation Grant Program policies of the City and requiring the Applicant to repay any and all grants in full in the event payments have previously been made by the City. The Applicant's failure to perform under this agreement shall also result in notification to the department of Code Administration and Neighborhood affairs with the remaining code violations on the subject property with the City taking action with regard thereto as it deems necessary to achieve housing code compliance. 12. That this agreement shall not be deemed or construed to create an employment, joint venture, or other agency relationship between the parties hereto. 13. That the Applicant shall to the fullest extent permitted by the law indemnify and • hold harmless the City, its officials, employees, agents and all other related organizations and persons from all loss, cost, claims damages, expenses of whatever kind arising out of any liability, • or claim of liability for any injury or damage to persons or property or claimed to have been sustained by anyone whomsoever by reason of the proposed improvements to be made to the subject property. CITY OF ELGIN APPLICANT idriLes Sar.'4111raher Sign ure 1:.- Historic Preservation Specialist Name (Please Print) Date: L- j U • • CITY OF ELGIN ORDINANCE NO. G6-99 AN ORDINANCE AMENDING CHAPTER 20.15 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 10TH DAY OF FEBRUARY 1999 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 February 1999. ANNI 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 February 10, 1999, the Corporate Authorities of such municipality passed and approved Ordinance No. G6-99, entitled An Ordinance Amending Chapter 20.15 of the Elgin Municipal Code, 1976, as Amended, Entitled "Historic/Architectural Rehabilitation Grant Program" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G6-99, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on February 12, 1999, 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 February 12, 1999. Municipal Clerk (SEAL) Ordinance No. G6-99 AN ORDINANCE AMENDING CHAPTER 20 . 15 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 20 . 15 . 060 of the Elgin Municipal Code, 1976, as amended, entitled "Program-General" be and is hereby amended by amending Subsection A4 to read as follows : "4 . In the event the work under the grant program has not been properly completed within the eighteen ( 18) month time period as provided by the grant program agreement or other code violations on the property remain which were identified in the first evaluation and which were not included within a previously executed long term rehabilitation agreement pursuant to Elgin Municipal Code Section 2 . 65 . 030, as amended, the grant funds shall be deemed forfeited. Notwithstanding the foregoing, in the event the work under the grant program has not been properly completed within the eighteen ( 18) month time period as provided by the grant program agreement the Director of the Department of Code Administration and Neighborhood Affairs, upon written application by the owner, may grant an extension of time not to exceed an additional ninety (90) days when the owner can establish that the completion of the work under the grant program has been delayed or stopped due to accident, strikes, shortages of materials, extreme weather, acts of God or other causes not within the owner' s reasonable control . A further reinspection shall be conducted at the end of any such extension time frame and if the work under the grant program has not been properly completed at the time of such further reinspection the grant funds shall be deemed forfeited. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law, provided further, this ordinance shall be deemed to apply retroactively to pending historic/architectural rehabilitation grant program agreements . Kevin Kelly, May ek Presented: February 10, 1999 Passed: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 11 , 1999 Published: February 12, 1999 Attest: Dolonna Mecum, City Clerk