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HomeMy WebLinkAbout99-7VOLUME LXIV JULY 14, 1999 333 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 July 14, 1999, in the Council Chambers. The meeting was called to order by Mayor Schock at 8:05 p.m. The Invocation was given by Chaplain John Deck, and the Pledge of Allegiance was led.by Marianne Nelson. ROLL CALL Roll call was answered by Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE ,TUNE 23 1999 COUNCIL MEETING APPROVED AS DISTRIBUTED Councilman Walters made a motion, seconded by Councilwoman Yearman, to approve the June 23, 1999, Council Meeting Minutes as distributed. Yeas: Councilmembers Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. COMMUNICATIONS Presentation by Boys and Girls Club of Elgin Regarding July 24 "Flock on the Fox" Duck Race Fund Raiser Joe Wars and Ina Dews Councilmembers and everyone in the audience to particpate in the Boys and Girls Club of Elgin "Flock on the Fox" duck race fund raiser to be held July 24,. 1999, from 11 a.m. to 3 p.m. City Manager Parker announced that she and Jeff Myers of Jones Intercable participated in the Kane County Fair opening ceremony. They were given an opportunity to grab dollar bills that were blowing around in a money machine. The two of them caught $35 and presented it to the Boys and Girls Club of Elgin. Painting from H. Hargrove Mayor Schock announced that he had been invited to an art show held at the Barrington Ice House Mall at which artist H. Hargrove presented him with a painting called "Last Stop Elgin." The painting will be displayed at City Hall. 334 JULY 14, 1999 VOLUME LXIV RECOGNIZE PERSONS PRESENT Dennis Rosier, 1295 Royal Boulevard, asked the Council to address the issue of the backup of raw sewage into his basement, which has occurred four times in five years. He stated that he has been left without a resolution. Mayor Schock advised him that staff would continue to work with him in attempting to resolve the problem. Miriam Scott, representing Neighborhood Watch, described the activities which have been planned in observance of the National Night Out week. Linda Kelly, 508 N. Grove Avenue, stated that the vacant city -owned property near her home is being used for dumping and storage. City Manager Parker advised her that staff would be in contact with her concerning this issue. Tom Conro, 618 S. Liberty Street, President of the South East Neighborhood Association, addressed the Council regarding several items. He stated that their organization supports Petition 7-99, which is on tonight's agenda. He also complimented the City on the major strides it is making regarding Poplar Creek and on being proactive regarding acquiring properties in the flood plain area. Further, he would like to see the site of the former gas station on St. Charles Street and Bluff City Boulevard made into a flower garden. Jeff Jayne, 10N086 Nesler Road, is a homeowner in the area of the proposed Bowes Creek development. He stated a number of concerns he has regarding the proposed project. BID.9'9-040A AWARDED FOR MODULAR GAS SUPPLY EQUIPMENT Councilman Walters made a motion, seconded by Councilwoman Munson, to award this contract to Scott Specialty Gases for $19,755.05. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. BID AWARDED FOR GROUPWISE LICENSES Councilwoman Munson made a motion, seconded by Councilman. Walters, to award this contract to ASAP Software, Inc. for the amount of $13,494. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. BID AWARDED FOR HTE COGNOS SYSTEM Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to approve the purchase the HTE Cognos system from F VOLUME LXIV JULY 14, 1999 335 HTE, Inc. for $25,395. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. BID 99-066 AWARDED FOR EVIDENCE DRYING CABINET Councilwoman Yearman made a motion, seconded by Councilman Wasilowski, to award this contract to Sirchie for $12,352.34. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. BID 99-073 AWARDED FOR COFFEE SERVICE Councilman Figueroa made a motion, seconded by Councilwoman Munson, to award this contract to Fountain Fresh Coffee, Inc. for two years, for an estimated $12,300 per year. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. BID_99-076 AWARDED FOR FAST ETHERNET SWITCH EQUIPMENT Councilman Wasilowski made a motion, seconded by Councilwoman Munson, to award this contract to Kissane Business Systems, Inc. for $44,320. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. RIVERSIDE DECK REPAIRS Councilwoman Yearman made a motion, seconded by Councilman Walters, to award the contract to Seagren/Shales in the amount of $240,860, including Alternate B. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. PUBLIC HEARING. DATE SET FOR A PROPOSED ANNEXATION AGREEMENT FOR PROPERTY LOCATED AT 100 AIRPORT ROAD FOR AN AUTOMOBILE AUCTIONFACILITY; BY EAGLE INVESTMENTS I,_LLC, BANC ONE CENTER%CIRCLE, AS APPLICANTS AND TOLLWAY DEVELOPMENT CORPORATION EAST TOLLWAY DEVELOPMENT CORPORATION AND EAGLE INVESTMENTS I, LLC, AS„OWNER (PETITION 39-99) Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve the request to set the public hearing date regarding the proposed annexation agreement for August 11, 1999. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. 336 JULY 14, 1999 VOLUME LXIV PUBLIC HEARING IN CONSIDERATION OF A PROPOSED ANNEXATION AGREEMENT PROPERTY LOCATED AT 1550 NORTH RANDALL ROAD FOR A COMMERCIAL AND INDUSTRIAL SUBDIVISION TO BE KNOWN AS THE PAUL COMMERCE CENTER, BY JOHN AND STELLA PAUL. AS APPLICANTS AND OWNERS (PETITION 28-99 Councilwoman Yearman made a motion, seconded by Councilman Wasilowski, to open the public hearing. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Peter Bazos, attorney for petitioners, described the project and stated that the changes recommended by staff have been agreed to, and there are no unresolved issues. Councilwoman Yearman made a motion, seconded by Councilman Wasilowski, to close the public hearing. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. PETITION 28-99 APPROVED REQUESTING ANNEXATION, PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ZONING, AND PRELIMINARY PLAT APPROVAL FOR A COMMERCIAL AND INDUSTRIAL SUBDIVISION TO BE KNOWN AS PAUL COMMERCE CENTER; PROPERTY LOCATED AT 1550 NORTH RANDALL ROAD; BY JOHN AND STELLA PAUL, AS APPLICANTS AND OWNERS Councilwoman Yearman made a motion, seconded by Councilman Wasilowski, to approve Petition 28-99 subject to the conditions set forth in the agenda memorandum, to submitting the question of setback to a design review committee if the project is developed as a minimart, and to striking package liquor facility from the list of possible uses. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. PUBLIC HEARING IN CONSIDERATION OF A PROPOSED AMENDMENT TO AN ANNEXATION AGREEMENT PROPERTY LOCATED AT 1495 EAST CHICAGO STREET FOR A RESIDENTIAL TOWNHOME DEVELOPMENT KNOWN AS FIELDSTONE, UNIT 2, BY U.S. SHELTER GROUP, INC., AS APPLICANT_ AND FIELDSTONE OF ELGIN L.L.C., AS OWNERS (PETITION 31-9� Mayor Schock declared the public hearing open. Community Development Manager Biernacki described the proposed changes. Sheri Buttstadt, 687 Linden, stated that she is very happy to see the high end homes now being proposed. Councilman Walters made a motion, seconded by Councilman Wasilowski, to close the public hearing. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. VOLUME LX1V DULY 14, 1999 337 PETITION 31-99 APPROVED REQUESTING AN .AMENDMENT TO AN x ANNEXATION AGREEMENT AN AMENDMENT TO A PLANNED DEVELOPMENT ORDINANCE A RESUBDIVISION OF UNIT ] AND FINAL PLAT APPROVAL FOR UNIT 2 OF A RESIDENTIAL TOWNHOME DEVELOPMENT KNOWN AS DISTRICT_; TO PERMIT MODIFICATIONS TO A PRELIMINARY PLAT; PROPERTY LOCATED AT 1495 EAST CHICAGO STREET BY U.S. SHELTER GROUP INC. AS APPLICANT AND FIELDSTONE OF ELGIN L.L.C. AS OWNERS Councilman Walters made a motion, seconded by Councilman Figueroa, to approve Petition 31-99. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. 30-99 APPROVED REQUESTING ANNEXATION AND ZONING MAI FROM KANE COUNTY F-FARMING l]T..qTRTC'_T TC] OR C_h'MMTTNT`l FACILITY DISTRICT, AND AMAP AMENDMENT FROM SFR2 SINGLE FAMILY RESIDENCE DISTRICT TO CF COMMUNITY FACILITY DISTRICT: PROPERTY LOCATED AT 2831 WIN APPLICANT AND OWNER Councilman Walters made a motion, seconded by Councilwoman Munson, to approve Petition 30-99. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor 1` Schock. Nays: None. 4 PETITION 7-9.9TABLED REQUESTING CONDITIONAL USE APPROVAL FOR A PLANNED DEVELOPMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT; PROPERTY LOCATED AT 535 VILLA STREET; BY JACK TEBODA AS APPLICANT AND OWNER Councilman Walters made a motion, seconded by Councilman Wasilowski, to approve Petition 7-99 with conditions. Jeff Rifken, representing the petitioner, stated that they believe that the requested two eficiency apartments and one large apartment would generate less vehicles than the two apartments recommended by staff. The issue of petitioner's history of code violations was discussed. in order to determine whether there are any existing code violations regarding this property, Councilman Walters made a motion, seconded by Councilman Figueroa, to table consideration of Petition 7-99 to the next meeting. Yeas: Councilmembers Figueroa, Munson, Walters, and Yearman. Nays: Councilman Wasilowski and Mayor Schock. 338 JULY 14, 1999 VOLUME LXIV PETITION_33-99 APPROVED REQUESTING APPROVAL OF AN AMENDMENT TO A PAB PLANNED AREA BUSINESS DISTRICT, AND A PRELIMINARY PLAT OF SUBDIVISIONS PROPERTY LOCATED AT 801 SOUTH RANDALL ROAD; BY MENARDS INC. MID AMERICA FSB THE CROWN GROUP INC. WENDY'S OLD FASHIONED HAMBURGERS OF NEW YORK, INC., AND HALLE ENTERPRISES L.L.0 AS APPLICANTS AND AMERICAN NATIONAL BANK AND TRUST _COMPANY OF CHICAGO, TRUST NO. 10„9526-04, AS OWNER Councilman. Walters made a motion, seconded by Councilman Wasilowski, to approve Petition 33-99 subject to conditions. Yeas: Councilmembers Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Councilman Figueroa abstained due to a conflict of interest. PETITION 34_-99 APPROVED REQUESTING FINAL PLAT APPROVAL FOR THE ELGIN CORPORATE CENTER, UNIT NO. 3 RESUBDIVISION; PROPERTY LOCATED AT 2525 BIG TIMBER ROAD. BY INDUSTRIAZ DEVELOPMENTS C+3.iT1-1-Q Councilman Walters made a motion, seconded by Councilman Figueroa, to approve Petition 34-99 with conditions. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. ORDINANCE G40-99 PASSED RECLASSIFYING PROPERTY FROM RC2 RESIDENCE CONSERVATION DISTRICT AND CF COMMUNITY FACILITY DISTRICT TO RB RESIDENCE BUSINESS DISTRICT: PROPERTY LOCA 310 NORTH MCLEAN BOULEVARD BY AUTOZONE, INC., AS APPLICANT, AND BY CHARL,ES AND ELLA MAE KARSTEN, AS OWNERS (PETITION 26-99) Councilwoman Yearman made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Yearman. Nays: Mayor Schock. Ordinance No. G40-99 AN ORDINANCE RECLASSIFYING PROPERTY AT 310 NORTH MCLEAN BOULEVARD AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FEATURING AN AUTOMOBILE PARTS AND ACCESSORIES DEALER WHEREAS, written application has been made to reclassify certain property located at 310 North McLean Boulevard from RC2 Residence Conservation District, CF Community Facility District and RB Residence Business District to RB Residence Business District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a conditional use for a VOLUME LXIV JULY 14, 1999 339 planned development featuring an automobile parts and accessories dealer be granted; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the 'Zoning District Map', as .amended, be and are hereby altered by excluding from the RC2 Residence Conservation District, CF Community Facility District and RB Residence Business District and including in the RB Residence Business District, the following described property: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 OF BLOCK VIII OF COLUMBIA PARK ADDITION TO ELGIN ILLINOIS, BEING A SUBDIVISION LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10 AND THE NORTHWEST QUARTER OF SECTION 15, BOTH LYING IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD -PRINCIPAL MERIDIAN THE PLAT OF WHICH IS RECORDED IN BOOK 12 OF PLATS, PAGE 26 IN THE RECORDER'S OFFICE OF KANE COUNTY, ILLINOIS; THENCE SOUTH 1 DEGREE 27 MINUTES 53 SECONDS WEST ALONG THE WEST RIGHT OF WAY OF MCLEAN BOULEVARD AS SHOWN UPON SAID PLAT, A DISTANCE OF 250.09 FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID COLUMBIA PARK ADDITION; THENCE SOUTH 89 DEGREES 43 MINUTES 59 SECONDS WEST ALONG THE NORTH LINE OF LOT 11 AND LOT 16, A DISTANCE OF 208.98 FEET TO THE EAST LINE OF THE WEST 90 FEET OF SAID BLOCK VIII, THENCE NORTH A DISTANCE OF 249.97 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 22 OF SAID COLUMBIA PARK ADDITION; THENCE NORTH 89 DEGREES 43 MINUTES 49 SECONDS EAST ALONG SOUTH LINE OF SAID LOT 22 AND THE SOUTH LINE OF LOT 5 OF SAID COLUMBIA PARK ADDITION, A DISTANCE OF 215.37 FEET TO THE POINT OF BEGINNING, CONTAINING 53,036 SQUARE FEET MORE OR LESS IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Planning and Development Commission granting a conditional use for a planned development featuring an automobile parts and accessories dealer, a copy of which is attached hereto as Exhibit A and 340 JULY 14, 1999 VOLUME LXIV incorporated herein by reference, subject to the following conditions: 1. The freestanding sign is to be a monument style. The freestanding sign is not to exceed a maximum of 40 square feet in surface area, nor 10 feet in height. 2. A maximum of one flush mounted sign to be located on the east elevation. The flush mounted sign is not to exceed 80 square feet. No additional flush mounted signs. No signs are to displayed within windows. 3. The proposed building is to be constructed in substantial conformance to the Conceptual Exterior Elevation, dated June 10, 1999. 4. Exterior construction materials to be earth toned masonry, and the refuse collection area shall be screened by a solid wall constructed of the same materials as the proposed building, both as represented at the public hearing. 5. A six foot solid wood fence is to be constructed along the entire length of the westerly lot line with a gate for maintenance of the landscape yard. 6. Lighting poles are to be a maximum of 20 feet in height with adequate cut offs to protect adjoining properties from any spill over of light. 7. Substantial conformance to the Statement of Purpose and Conformance prepared by McClure Engineering Associates, Inc., dated March 29, 1999, encompassing title survey, site plan, landscape plan, and building elevations. G. Compliance with all other 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 from and after its passage in the manner provided by law. sl Ed Schock Ed Schack, Mayor VOLUME LXIV JULY 14, 1999 341 Presented: July 14, 1999 Passed: July 14, 1999 Vote: Yeas 5 Nays 1 Recorded: July 15, 1999 Published: Attest: s/ Dolonna Mecum. Dolonna Mecum, City Clerk ORDINANCE C41-99 REVISED PASSED AMENDING CHAPTER 10.28 ENTITLED "AMPLIFIERS" OF THE ELGIN MUNICIPAL CODE 1976 AS AMENDED Councilman Figueroa made a motion., seconded by Councilman Walters, to pass the following revised ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. Ordinance No. G41-99 Revised AN ORDINANCE AMENDING CHAPTER 10.28 ENTITLED "AMPLIFIERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 10.28.040 of Chapter 10.28 entitled "Amplifiers" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 10.28.040 RESTRICTIONS. When a permit has been issued as provided in this chapter, it is unlawful to use, operate or employ any such sound amplifying equipment contrary to the following regulations: a. The operation of sound amplifying equipment shall only occur Sundays through Thursdays between the hours of 8:00 a.m. and 8:00 p.m., prevailing time, and Fridays and Saturdays, 8:00 a.m. to 11:00 p.m., prevailing time. Notwithstanding the foregoing, the city manager may grant an extension to allow for the operation of sound amplifying equipment on Sundays through Thursdays until the hour of 9:00 p.m., prevailing time, upon a finding by the city manager that based upon the nature of the sound amplifying equipment 342 JULY 14, 1999 VOLUME LXIV and the nature and uses of surrounding properties that no unreasonable disturbance to such surrounding properties would occur as a result of such one hour extension for the operation of sound amplifying equipment. b. No sound amplifying equipment shall be operated within 200 feet of schools or hospitals. C. No sound emanating from sound amplifying equipment shall exceed 70 decibels above the ambient level. Decibel levels shall be determined by placing a measuring device 25 feet from the sound source and any reflective surface which may affect the reading. The measuring device shall be positioned between 318" to.4'10" above the ground. d. No sound emanating from sound amplifying equipment shall exceed 50 dbA above the average ambient level as measured at any property line for any residential property within the City. e. Permits for the operation of sound amplifying equipment shall be restricted to one permit per 300 feet of simultaneous use. 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 and effect ten days after manner provided by law. Presented: July 14, 1999 Passed: July 14, 1999 Vote: Yeas 6 Nays 0 Recorded: July 15, 1999 Published: July 20, 1999 Attest: s(Ed Schack Dolonna Mecum, City Clerk ordinance shall be in full force its passage and publication in the s/ Ed Schock Ed Schock, Mayor VOLUME LXIV JULY 14, 1999 343 RESOLUTION 99-192 ADOPTED APPOINTING DENNIS ROXWORTHY AS A MEMBER OF THE ELGIN HERITAGE COMMISSION Councilman Walters made a motion, seconded by Councilman Figueroa, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-192 RESOLUTION APPOINTING DENNIS ROXWORTHY AS A MEMBER OF THE ELGIN HERITAGE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dennis Roxworthy be and is hereby appointed as a member of the Elgin Heritage Commission for a term to expire May 1, 2002. s Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-193 ADOPTED APPOINTING STEVEN R. STROUD AS A MEMBER OF THE ELGIN HERITAGE COMMISSION Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and.Mayor Schock. Nays: Councilwoman Yearman. Resolution No. 99-193 RESOLUTION APPOINTING STEVEN R. STROUD AS A MEMBER OF THE ELGIN HERITAGE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Steven R. Stroud be and is hereby appointed as a member of the Elgin Heritage Commission for a term to expire May 1, 2002. -sl Ed Schack Ed Schock, Mayor 344 JULY 14, 1999 VOLUME LXIV Presented: July 14, 1999 Adopted: July 14, 1999 Vote: Yeas 5 Nays 1 Attest: _s/ Dolonna Mecum Dolonna Mecum., City Clerk RESOLUTION 99-194 ADOPTED APPOINTING SHERI BUTTSTADT AS A MEMBER OF THE PLANNING AND DEVELOPMENT COMMISSION Councilman Wasilowski made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schack. Nays: Councilwoman Yearman. Resolution No. 99-194 RESOLUTION APPOINTING SHERI BUTTSTADT AS A MEMBER OF THE PLANNING AND DEVELOPMENT COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sheri Buttstadt be and is hereby appointed as a member of the Planning and Development Commission for a term to expire July 1, 2002. 81 Ed Schock Ed Schock, Mayor Presented: July 14; 1999 Adopted: July 14, 1999 Vote Yeas 5 Nays 1 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Walters made a motion, seconded by Councilwoman Yearman, to authorize the following payments. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. VOLUME LXIV JULY 14, 1999 345 THC Group $5,580.40 Installation of sewer Elgin, IL and pipe at Wing Park, Wing Street Field. CONSENT AGENDA Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass Ordinance Nos. G36-99 through G39-99, T19-99, T120-99 and adopt Resolution Nos. 99-179 through 99--191 by omnibus vote. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. ORDINANCE G36-99 PASSED AMENDING TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE TO ALLOW CERTIFIED MASSAGE THERAPIST AS A CONDITIONAL RESIDENTIAL OCCUPATION IN ANY RESIDENCE DISTRICT (PETITION 2.5-99) Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Ordinance No. G36-99 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED (Massage Therapists) WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to residential uses; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.90 entitled "Supplementary Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19.90.618J(F) to read as follows: F. Prohibited Conditional Residential Occupations. No conditional residential occupation shall involve the detailing, servicing, 346 JULY 14, 1999 VOLUME LXIV or repairing of motor vehicles. No conditional residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. No conditional residential occupation shall involve the handling or preparation of food. with the exception of certified massage therapists, which shall be regulated as a conditional residential occupation, and with the exception of "home child day care services" (SR), which are regulated otherwise, no conditional residential occupation shall involve the personal or medical care or treatment of persons. Certified massage therapists are further regulated by Title 6 of the Elgin Municipal Code. "Hoene child day care services" (SR) are regulated separately from the provisions of this section. 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 after its passage and publication in the manner provided by law. sl Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Passed: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: July 15, 1999 Published: July 20, 1999 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G37-99 PASSED AMENDING TITLE 3 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "BOARDS AND COMMISSIONS" --(PARKS AND RECREATION BOARD AND BOARD OF EXAMINERS OF STATIONARY ENGINEERS) Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. VOLUME LXIV JULY 14, 1999 347 Ordinance No. G37-99 AN ORDINANCE AMENDING TITLE 3 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "BOARDS AND COMMISSIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.44.020 of Chapter 3.44 of the Elgin Municipal Code, 1976 as amended, entitled "Parks and Recreation Board" be and is hereby further amended to read as follows: 3.44.020 MEMBERS--APPOINTMENT--TERMS. The parks and recreation board shall consist of eight members to be appointed by the city council. Each member so appointed shall serve for a term of three years. All members of the board shall continue in such capacity until their successors have been duly appointed and are acting. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall serve for the remainder of such term. The parks and recreation board shall elect one of its members as chairman for a term of one year subject to reelection. Upon the resignation of a member of the board designated as chairman or upon the end of his term and in the event that he is not reappointed, the parks and recreation board shall designate another member of the board as chairman. In addition to the eight members regularly appointed to this board by the city council, the Elgin YMCA Future Leaders shall select two representatives to share the youth member position; only one member shall attend a meeting of the board as a youth representative. The member in attendance at a board meeting shall have a full voting member privilege and equal authority and responsibility with all other members duly appointed by the city council. Any such member shall be a resident of the city. The term of such members shall be one year and shall commence on February 1st and terminate on January 31st of the following year. In the case of the disbandment of the Elgin YMCA Future Leaders, the representative appointment procedure shall revert to the previously employed board configuration of three representatives being appointed, one from Larkin High School, one from Elgin High School and one from St. Edward High School, each of whom shall be entitled to vote. 348 JULY 14, 1999 VOLUME LXIV Section 2. That Section 3.56.060 of Chapter 3.56 of the Elgin Municipal Code, 1976 as amended, entitled "Board of Examiners of Stationary Engineers -Stationary Engineer Licensing" be and is hereby further amended to read as follows: 3.56.060 BOARD OF EXAMINERS OF STATIONARY ENGINEERS - TERMS AND MEETINGS. A. The terms of the members of the board of examiners of stationary engineers shall be for three years and shall remain in effect until successors have been appointed. The appointments shall be staggered such that not more than one term shall expire in any single year. B. Regular meetings of the board shall be held in the city hall on the first Tuesday of each month between. the hours of seven p.m. and ten p.m. Special meetings of the board may be called by the chairman or any two members, either by actual notice or by written notice mailed not later than the day preceding the day upon which the special meeting is to be held. Section 3. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. S/ Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Passed: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: July 15, 1999 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk —� ORDINANCE G38-99 PASSED AMENDING CHAPTER 6.31 ENTITLED "MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES" OF THE ELGIN MUNICIPAL CODE, 197.61_AS AMENDED Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers VOLUME LXIV JULY 14, 1999 349 Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. Ordinance No. G38-99 AN ORDINANCE AMENDING CHAPTER 6.31 ENTITLED "MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to provide for the regulation and licensing of massage establishments and massage services; and WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation and licensing of massage establishments and massage services are matters pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.31.030(A) of the Elgin Municipal Code, 1916, as amended, entitled "Permit Required" be and is hereby created to read as follows: "Every applicant for a permit to maintain and operate or conduct a massage establishment shall file an application in duplicate under oath with the public health officer upon a form provided by said public health officer and pay a non-refundable filing fee of $75.00 to the finance director, who shall issue a receipt which shall be attached to the application filed with the public health officer." 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 ten days after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor 350 JULY 14, 1999 VOLUME LXIV Presented: July 14, 1999 Passed: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: July 15, 1999 Published: July 20, 1999 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G39-99 PASSED CREATING CHAPTER 6.32 ENTITLED "CERTIFIED MASSAGE THERAPISTS IN RESIDENTIAL DISTRICTS" OF THE ELGIN MUNICIPAL CODE, 1976__t_AS AMENDED Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Ordinance No. G39-99 AN ORDINANCE CREATING CHAPTER 6.32 ENTITLED "CERTIFIED MASSAGE THERAPISTS IN RESIDENTIAL DISTRICTS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED F WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to create Chapter. 6.32 of the Elgin Municipal Code to provide for the regulation and licensing of certified massage therapists and residential therapeutic massage establishments; and WHEREAS, the.City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation and licensing of certified massage therapists and residential therapeutic massage establishments are matters pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.32 of the Elgin Municipal Code, 1976, as amended, entitled "Certified Massage Therapists in Residential Districts" be and is hereby created to read as follows: VOLUME LXIV JULY 14, 1999 351 CHAPTER 6.32 CERTIFIED MASSAGE THERAPISTS IN RESIDENTIAL DISTRICTS Sections: 6.32.010 6.32.020 6.32.030 6.32.040 6.32.050 6.32.060 6.32.070 6.32.080 6.32.090 6.32.100 6.32.110 6.32.120 6.32.130 6.32.140 6.32.150 6.32.160 6.32.170 6.32.180 6.32.190 6.32.200 6.32.210 6.32.220 6.32.230 6.32.240 6.32.250 6.32.260 6.321.270 6.32.010 Definitions. Permit Required. Filing of Application and Fee Provision. Application for Residential Therapeutic Massage Establishment. Issuance of Permit for a Residential Therapeutic Massage Establishment. Revocation or Suspension of Permit for Therapeutic Massage. Certified Massage Therapist Permit. Application Form or Certified Massage Therapist Permit. Issuance of Certified Massage Therapist Permit. Revocation of Certified Massage Therapist Permit. Facilities Necessary. Operating Requirements. Out -Call Registration. Out -Call Service. Inspections. Hours of Operation. Employment of Person Under the Age of Eighteen Prohibited. Identification Card. Transfer of Permits. Display of Permit. Employment of Certified Massage Therapist. Time Limit for Filing Application for Permit. Nonapplicability of This Chapter. Violation and Penalty. Maintaining Public Nuisance. Severability. Review. DEFINITIONS. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. Certified massage therapist means any person who, for any consideration whatsoever, engages in the practice of Therapeutic Massage as defined below and who provides proof of one of the following: 352 JULY 14, 1999 VOLUME LX1V 1. Graduation and completion of a professional level entry program which consist of 500 hours or more of in -classroom study and 100 hours or more of clinical experience in the recognized school, as defined in Section 6.31.010(H) of this chapter, or 2. Having passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB), administered by the National Certification Program for Therapeutic Massage & Bodywork, which is approved by the National commission for Certifying Agencies (NCCA), the accrediting arm of the National Organization for Competency Assurance (NOCA), or any other examination exhibiting proficiency in Massage Therapy/Bodywork approved by the State of Illinois, or a federal certifying agency. B. "Therapeutic massage" means the application by a certified massage therapist of any method of pressure on or friction against or striking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with any mechanical or electrical apparatus or appliance, with or without such creams, lotions, ointments or other similar preparations commonly used in this practice. C. "Residential therapeutic massage establishment" means any establishment having a fixed place of business in a residential district where a certified massage therapist engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in section 6.32.010(B) of this chapter. D. "Out -call therapeutic massage service" means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a Residential therapeutic massage establishment. E. "Person" means any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. F. "Recognized schools" means: VOLUME LXIV JULY 14, 1999 353 1. A state approved school operating according to state regulations which has a current license, approval, accreditation and/or certification from the state in which it is located and provides an entry level Massage training program of a minimum of 500 hours of in -class work, and 100 hours of clinical training, which program shall include anatomy and physiology, kinesiology, ethics, pathology, contraindications and clinical experience, or 2. A massage school program accredited/approved by the Commission on Massage Training/Approval & Accreditation (COMTAA), a current list of which can be obtained through the COMTAA Manager, 820 Davis St., Suite #100, Evanston, IL 60201-4444, (847) 864-0123, or 3. Schools offering correspondence courses and not requiring actual class attendance shall not be deemed recognized schools. All course work for hours credit shall be completed under the physical supervision of faculty. G. "Residential district" means any property subject to the regulations of chapter 19.25 of this code. H. "Sexual or genital area" includes the genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female. 6.32.020 PERMIT REQUIRED. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of each and every separate residential therapeutic massage establishment as defined in section 6.32.010, without first having obtained a permit from the public health officer. 6.32.030 FILING OF APPLICATION AND FEE PROVISION A. Every applicant for a permit to maintain and operate or conduct a Residential Therapeutic Massage Establishment shall file an application in duplicate under oath with the public health officer upon a form provided by said public health officer and pay a nonrefundable filing 354 JULY 14, 1999 VOLUME LXIV fee of $75.00 to the finance director, who shall issue a receipt which shall be attached to the application filed with the public health officer. B. The public health officer shall refer copies of such application to the departments of code administration and the fire department. These departments shall within thirty days inspect the premises proposed to be operated as a residential therapeutic massage establishment and make written recommendations to the public health officer concerning compliance with the codes that they administer. C. within thirty days of receipt of the application of the aforesaid departments, the public health officer shall notify the applicant that this application is granted, denied or held for further investigation. The period of any additional investigation shall not exceed an additional thirty days unless otherwise agreed to in writing by the applicant. Upon the conclusion. of such additional investigation the public health officer shall advise the applicant in writing whether the application is granted or denied. D. Whenever an application is denied or held for further investigation, the public health officer shall advise the applicant in writing of the reasons for such action. E. The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the said application or his or her refusal to submit to or cooperate with any inspection required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the public health officer. 6.32.040 APPLICATION FOR RESIDENTIAL THERAPEUTIC MASSAGE ESTABLISHMENT A. The application for a permit to operate a residential therapeutic massage establishment shall set forth the exact nature of the therapeutic massage to be administered, and the VOLUME LXIV JULY 14, 1999 355 proposed place of business and facilities therefor. B. In addition to the foregoing, any applicant for a permit, including any partner or limited partner of a partnership applicant, and any officer. or director of a corporate applicant and any stockholder holding more than ten percent of the stock of a corporate applicant, shall furnish the following information, or such other information as may be required by the city's public health officer: 1. Name and address; 2. Written proof that the individual is at least eighteen years of age; 3. All residential addresses for the past three years; 4. The applicants height, weight, color of eyes and hair; 5. The business, occupation or employment of the applicant for the three years immediately preceding the date of �! application; 5. The therapeutic massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; 7. All felony criminal or city ordinance violation convictions; 8. Photographic proof of identity; 9. If the applicant is a corporation, or a partner of a partnership is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation. 10. Federal Tax Identification Number and/or Social Security Numbers. 356 JULY 14, 1999 VOLUME LXIV C. The applicant for a permit to operate a residential therapeutic massage establishment shall provide the name of the insurance carrier, policy number, coverage amounts, and the policy periods of the applicants general liability policies. The application for a permit shall have attached to it proof of liability insurance in the amount of not less than one million dollars ($1,0.00,000.00) for each person injured and one million dollars ($1,000,000.00) aggregate per incident and three hundred thousand dollars ($300,000.00) for property damages for each accident. This insurance must name the City of Elgin as an additional insured with right to notice of cancellation. The insurance required by this section shall be occurrence -based and shall remain in effect for the period of time the applicants residential therapeutic massage establishment permit remains valid. 6.32.050 ISSUANCE OF PERMIT FOR A RESIDENTIAL THERAPEUTIC MASSAGE ESTABLISHMENT. A. Upon a determination by the public health officer that an applicant is in compliance with all of the requirements of Section 6.31.120, the public health officer shall issue a permit to maintain, operate or conduct a residential therapeutic massage establishment, unless he finds: 1. That the operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not, limited to, the building; health, housing, zoning and fire codes of the city; or 2. That the applicant and any other person who will be directly or indirectly engaged in the management and operation of a residential therapeutic massage establishment has been convicted of: a. a violent or armed felony, b. an offense involving sexual misconduct with children, C. prostitution, soliciting for a prostitute, pandering or keeping a place of prostitution. VOLUME LXIV JULY 14, 1999 357 B. The public health officer, at his reasonable discretion, may issue a permit to any person convicted of any of the crimes in subsection 2(a) if he finds that such conviction occurred at least five years prior to the date of application, and the applicant has shown evidence of rehabilitation sufficient to provide reasonable assurance that the granting of a permit will not create an unreasonable danger to the public health or safety. C. Every residential therapeutic massage establishment permit issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance, unless sooner suspended or revoked for cause. 6.32.060 REVOCATION OR SUSPENSION OF PERMIT FOR RESIDENTIAL THERAPEUTIC MASSAGE ESTABLISHMENT. A. Any permit issued for a residential establishment may be revoked or suspended by the public health officer after a hearing for good cause or in any case where any of the provisions of this chapter are violated by the certified massage therapist, or the certified massage therapist is. engaged in any conduct at the certified massage therapists place of business, which violates any of the provisions of this chapter or any state law which provides for imprisonment, and the certified massage therapist has actual or constructive knowledge of such violations or the permittee should have actual or constructive knowledge by due diligence, or where any applicant has made a false statement on an application for a permit under this chapter or in any case where the certified massage therapist refuses to permit any duly authorized police officer or inspector of the city of inspect the premises or the operations therein. Such permit may also be revoked or suspended by the public health officer, after hearing upon the finding of the public health officer that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene. B. Any violations of this chapter by the certified massage therapist, shall be cause for suspension of the permit for not more than thirty- days in the first instance. Any 358 JULY 14, 1999 VOLUME LXIV subsequent violation of this chapter by the certified massage therapist, shall be cause for suspension or revocation of the permit. C. The public health officer, before revoking or suspending any permit, shall give at least ten days written notice of the charges against the certified massage therapist and the opportunity for a public hearing before the public health officer, at which time the certified massage therapist may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. 6.32.070 CERTIFIED MASSAGE THERAPIST PERMIT. Any person, including an applicant for residential therapeutic massage establishment permit, who engages in the practice of therapeutic massage as defined in section 6.32.010 of ,this chapter, shall file an application for a certified massage therapist permit with the public health officer upon a form provided by said public health officer and shall pay a nonrefundable filing fee of $25.00 for an original application and $10.00 for a renewal application, to the finance director, who shall issue a receipt which shall be attached to the application filed with the public health officer. 6.32.080 APPLICATION FORM FOR CERTIFIED MASSAGE THERAPIST PERMIT. All persons who desire to perform the services .of certified massage therapist at a residential therapeutic massage establishment, shall first undergo a physical examination at their own cost, for such contagious and communicable diseases as may be designated by the public health officer, which shall include but not be limited to, a test or tests which will demonstrate freedom from tuberculosis, which is to be made and interpreted by a licensed physician acceptable to the health officer and such other laboratory tests done in a laboratory acceptable to the health officer, as may be necessitated by the above examination and issued within thirty days of such examination, signed by a physician duly licensed by the state and stating that the person examined is free from any contagious or communicable disease to others. Such person shall undergo the physical examination referred to above and submit to the health officer the certificate required in this section prior to commencement of the performance of services by the VOLUME LXIV JULY 14, 1999 359 certified massage therapist and at least once every twelve months thereafter. 6.32.090 ISSUANCE OF CERTIFIED MASSAGE THERAPIST PERMIT Every certified massage therapist permit issued pursuant to this chapter shall terminate at expiration of one year from the date of its issuance, unless sooner suspended. 6.32.100 REVOCATION OF CERTIFIED MASSAGE THERAPIST PERMIT A. A certified massage therapist permit issued by the public health officer shall be revoked or suspended where it appears that the certified massage therapist has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this chapter. B. The public health officer in revoking or suspending a certified massage therapist permit shall give the permit holder a written notice specifying the grounds therefor. Such person may within ten days of such revocation or suspension file a written request with the public health officer for a public hearing before the public health officer, at which time the certified massage therapist may present evidence bearing upon the question. 6.32.110 FACILITIES NECESSARY No residential therapeutic massage establishment shall be issued a permit, nor be operated, established or maintained in the city unless an inspection by the health officer reveals that the establishment complies with each of the following minimum requirements: A. All massage tables shall have surfaces which may be readily disinfected; B. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron; 360 DULY 14, 1999 VOLUME LXIV C. Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas; D. Toilet facilities shall be provided in convenient locations. E. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels; 6.32.120 OPERATING REQUIREMENTS. A. Every portion of the residential therapeutic massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. B. The certified massage therapist, shall be clean and wear clean, professional outer garments. C. All residential therapeutic massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner. D. The sexual or genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee, or the certified massage therapist. E. It is unlawful for any person, knowingly, in a residential therapeutic massage establishment, to place his or her hand upon, to touch with any part of his or her body, to fondle in any manner, or to massage, the sexual or genital area of any other person. F. No certified massage therapist shall perform, offer or agree to perform, any act which would require the touching of the patrons sexual or genital area. G. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and VOLUME LXIV DULY 14, 1999 361 maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry. H. Oils, creams, lotions or other preparations used in administering therapeutic massages shall be kept in clean, closed containers or cabinets. I. Eating in the therapeutic massage work areas shall not be permitted. Animals, except for seeing eye dogs, shall not be permitted in the therapeutic massage work areas. J. No certified massage therapist shall administer or be required to administer a therapeutic massage to a patron exhibiting any skin infection, skin inflammation or skin eruption; unless a physician duly licensed by the state certifies in writing that such person may be safely massaged prescribing the conditions thereof. K. Each certified massage therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron. L. No person other than a certified massage therapist shall be employed to perform any service, including but not limited to administrative duties, in a residential therapeutic massage establishment while patrons are present. 6.32.130 OUT -CALL REGISTRATION. Any certified massage therapist who provides any of the services listed in section 6.32.010(C) of this chapter at any hotel or motel must first register his or her name and permit number with the owner, manager or person in charge of the hotel or motel. 6.32.140 OUT -CALL SERVICE. All therapeutic massages performed by an "out -call therapeutic massage service" must be performed in the manner prescribed in sections 6.32.120. 362 7ULY 14, 1999 VOLUME LXIV 6.32.150 INSPECTIONS. The public health officer shall from time to time, and at least twice a year, make an inspection of each residential therapeutic massage establishment granted a permit under the provisions of this chapter for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It is unlawful for the certified massage therapist to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. 6.32.160 HOURS OF OPERATION. No residential therapeutic massage establishment shall be open for business other than as prescribed for residential occupations within chapter 19.90.617 of this code. 6.32.170 IDENTIFICATION CARD. The public health officer shall provide each the certified massage therapist granted a permit with an identification card which shall contain a photograph of the Certified massage therapist which must be displayed in the therapeutic massage work areas during the hours of operation of any establishment granted a permit pursuant to this chapter. 6.32.180 TRANSFER OF PERMITS. No permit for the operation of a residential therapeutic massage establishment issued pursuant to the provisions of this chapter shall be transferable. 6.32.190 DISPLAY OF PERMIT. Every certified massage therapist shall display a valid permit in a conspicuous place within the residential therapeutic massage establishment so that the same may be readily seen by persons entering the premises. 6.32.200 TIME LIMIT FOR FILING APPLICATION FOR PERMIT. Applications for renewal of permits must be filed not more than two months nor less than one month prior to termination of an existing permit. VOLUME LXIV JULY 14, 1999 363 6.32.210 VIOLATION AND PENALTY. It shall be unlawful for the certified massage therapist, except those persons who are specifically exempted by this chapter, to give therapeutic massages or conduct a residential therapeutic massage establishment without first obtaining a permit and paying a license fee to do so from the city, or to otherwise violate any of the provisions of this chapter. Upon conviction, the certified massage therapist shall be punished by a fine not to exceed $500.00. 6.32.220 MAINTAINING PUBLIC NUISANCE. Any dwelling used as a residential therapeutic massage establishment in violations of this chapter with the intentional, knowing, reckless or negligent permission of the owner thereof or the agent of the owner managing the dwelling together with all fixtures and other property used in violation of this chapter are declared to be a nuisance. 6.32.230 SEVERABILITY. If any section, subsection, subdivision, paragraph, F sentence, clause or phrase in this chapter, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this chapter or any part thereof. 6.32.240 REVIEW The decision of the public health officer with regards to the issuance, suspension or revocation of any license under this chapter shall be reviewable by the city manager of the city upon the written request of the party filed with the city manager within ten days or such refusal, revocation, or suspension. The city manager shall review evidence previously submitted to the public health officer, the report of the public health officer, and any additional evidence presented with the written request for review. The decision of the city manager upon such review shall be a final. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 364 JULY 14, 1999 VOLUME LXIV Section 3. effect from and provided by law. That this ordinance shall be in full force and after its passage and publication in the manner s/ Ed Schack Ed Schack, Mayor Presented: July 14, 1999 Passed: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: July 15, 1999 Published: July 20, 1999 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T1.9-99 PASSED PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 1998 TAX YEAR Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. Ordinance No. T19-99 AN ORDINANCE PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 1998 TAX YEAR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a $200.00 senior citizen property tax refund of the 1998 real property taxes levied by and collected for the City of Elgin. Section 2. That to qualify for the $200.00 senior citizen property tax refund the owner(s) of the subject property must have qualified and obtained for the 1998 tax year the Senior Citizens Homestead Exemption in accordance with 35 ILCS 200/15-170, as amended. Section 3. That senior citizens qualified to receive the $200.00 tax refund shall be identified through county property tax records for the 1998 tax year. The Director of Finance is directed to work with the appropriate county officials to VOLUME LXIV JULY 14, 1999 365 determine the most expeditious method for processing the property tax refund to the qualified senior citizens. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section S. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s / Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Passed: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: July 15, 1999 Published: July 20, 1999 Attest: s/ Dolonna Mecum _ Dolonna Mecum, City Clerk ORDINANCE T20-99 PASSED PROVIDING FOR A REFUND TO SENIOR CITIZEN OF MOBILE HOME LOCAL SERVICES TAXES FOR THE 1998 TAX YEAR Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas:' Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Ordinance No. T20-99 AN ORDINANCE PROVIDING FOR A REFUND TO SENIOR CITIZEN OF MOBILE HOME LOCAL SERVICES TAXES FOR THE 1998 TAX YEAR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a refund to senior citizens of the mobile home local services tax of the 1998 mobile home local services taxes levied and collected on mobile homes registered in the City of Elgin. The amount of such refund shall equal. $35.00. 366 JULY 14, 1999 VOLUME LXIV Section 2. That to qualify for such senior citizen tax refund for mobile homes located in Kane County the owner(s) of the subject mobile home must have qualified and obtained for the 1998 tax year the Senior Citizens Reduction of the Mobile Home Local Services Tax in accordanc-e with 35 ILCS 515/7, as amended. To qualify for such senior citizen tax refund for mobile homes located in Cook County the owner(s) of the subject mobile home must have been eligible in the 1998 tax year for the Senior Citizen Reduction of the Mobile Home Local Services Tax in accordance with 35 ILCS 515/7, as amended. Section 3. That senior citizens qualified to receive the mobile home local services tax refund shall be identified through county tax records for the 1998 tax year or, in Cook County, by such means as the Director of Finance deems reasonable in his sole discretion to the extent permitted by law. The Director of Finance is directed to work with the appropriate county officials to determine the most expeditious method for processing the mobile home local services tax refund to the qualified senior citizens. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 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/ Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Passed: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: July 15, 1999 Published: July 20, 1999 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-179 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN ENGINEERING SERVICES AGREEMENT WITH COLLINS ENGINEERS INC. Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor 8chock. Nays: None. VOLUME LXIV JULY 14, 1999 367 Resolution No. 99-179 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN ENGINEERING SERVICES AGREEMENT WITH COLLINS ENGINEERS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 2 for an Engineering Services Agreement on behalf of the City of Elgin with Collins Engineers, Inc. for the Kimball Street Dam rehabilitation project, a copy of which is attached hereto and made a part hereof by reference. __s/ Ed Schock_________ Ed. Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna.Mecum Dolonna Mecum, City Clerk RESOLUTION 99-180 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH SDI CONSULTANTS LTD. FOR WETLAND MITIGATION.AT THE FOX BLUFF CORPORATE CENTER Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa., Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-180 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH SDI CONSULTANTS, LTD. FOR WETLAND MITIGATION AT THE FOX BLUFF CORPORATE CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(6) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and 368 JULY 14, 1999 VOLUME LXIV directed to execute a Contractual Services Agreement on behalf of the City of Elgin with SDI Consultants, Ltd. for wetland mitigation at the Fox Bluff Corporate Center, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schack, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-181 ADOPTED APPOINTING MEMBERS TO THE HOUSING AUTHORITY OF ELGIN Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-181 RESOLUTION APPOINTING MEMBERS TO THE HOUSING AUTHORITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mark Baresel be and is hereby appointed as a member of the Housing Authority of Elgin to fulfill the unexpired term of Cindy Blakely, for a term to expire December 1, 2002. BE IT FURTHER RESOLVED that Robert Gilliam be and is hereby reappointed as a member of the Housing Authority of Elgin for a term to expire December 1, 2002. BE IT FURTHER RESOLVED that Jessie L. Jones be and is hereby appointed as a member of the Housing Authority of Elgin for a term to expire December 1, 2003. BE IT FURTHER RESOLVED that Lorraine Montgomery be and is hereby reappointed as a member of the Housing Authority of Elgin for a term to expire December 1, 2003. VOLUME LXIV JULY 14, 1999 369 BE IT FURTHER RESOLVED that Everett Woods be and is hereby reappointed as a member of the Housing Authority of Elgin for a term to expire December 1, 2002. s/ Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, 'City Clerk RESOLUTION 99-182 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-182 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joseph F. DeSerto be and is hereby reappointed as a member of the Building Commission for a term to expire May 1,. 2002. BE IT FURTHER RESOLVED that Thomas Lohbauer be and is hereby reappointed as a member of the Electrical Committee for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Ronald Ruffie be and is hereby reappointed as a member of the Electrical Committee for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that John Bero be and is hereby reappointed as a member of the Plumbing Committee for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Patrick Hudgens be and is hereby reappointed as a member of the Warm Air Heating Committee for a term to expire May 1, 2002. 370 JULY 14, 1999 VOLUME LXIV BE IT FURTHER RESOLVED that Arturo Zamudio be and is hereby appointed as a member of the Civil Service Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that James Burns be and is hereby reappointed as a member of the Elgin Emergency Telephone System Board (E--911) for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that William J. Diamond be and is hereby reappointed as a member of the Elgin Emergency Telephone System Board (E-911) for a term to expire May 1, 2001. BE IT FURTHER RESOLVED that Stanley E. Sphatt be and is hereby reappointed as a member of the Elgin Emergency Telephone System Board (E-911) for a term to expire May 1, 2001. BE IT FURTHER RESOLVED that Ronald O'Neal be and is hereby reappointed as a member of the Board of Fire and Police Commissioners for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Miriam Scott be and is hereby appointed as a member of the Board of Fire and Police Commissioners for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Ronald Hirsch be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Gus Stuart be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Dr. Franz G. Stockmann be and is hereby retained as a member of the Board of Health notwithstanding such member's previous failure to meet minimum attendance requirements. BE IT FURTHER RESOLVED that Harriet Ward be and is hereby retained as a member of the Board of Health notwithstanding such member's previous failure to meet minimum attendance. requirements. BE IT FURTHER RESOLVED that Juan Figueroa be and is hereby appointed as an ex-officio member of the Hemmens Advisory Board for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Jana Fry be and is hereby appointed as a member of the Hemmens Advisory Board for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Michael J. Ward be and is hereby reappointed as a member of the Hemmens Advisory Board for a term to expire May 1, 2002. VOLUME LXIV JULY 14, 1999 371 BE IT FURTHER RESOLVED that Millie Allart be and is hereby f retained as a member of the Hemmens Advisory Board notwithstanding such member's previous failure to meet minimum attendance requirements. BE IT FURTHER RESOLVED that Nancy Potter be and is hereby retained as a member of the Hemmens Advisory Board notwithstanding such member's previous failure to meet minimum attendance requirements. BE IT FURTHER RESOLVED that Diane Ramsay be and is hereby retained as a member of the Hemmens Advisory Board notwithstanding such member's previous failure to meet minimum attendance requirements. BE IT FURTHER RESOLVED that Dan Miller be and is hereby reappointed as a member of the Elgin Heritage Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Ina Dews be and is hereby appointed as a member of the Human Relations Commission to fulfill the unexpired term of Gilbert Feliciano, for a term to expire May 1, 2001. BE IT FURTHER RESOLVED that David R. Dominguez be and is hereby appointed as a member of the Human Relations Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Mae Hicks be and is hereby appointed as a member of the Human Relations Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Dionnes Rivera be and is hereby reappointed as a member of the Human Relations Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Paul Maring be and is hereby reappointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 2002, and reappointed as Chairman of the Commission for a term to expire May 1, 2000. BE IT FURTHER RESOLVED that Michael Powers be and is hereby reappointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Christine Awe be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Barbara Flanigan be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 2002. 372 JULY 14, 1999 VOLUME LXIV BE IT FURTHER RESOLVED that Vicki Kirkland be and is hereby appointed as a member of the Elgin Image Advisory Commission to fulfill the unexpired term of Jeanette Michalec, for a term to expire May 1, 2001. BE IT FURTHER RESOLVED that Christopher Barry be and is hereby appointed as a member of the Parks and Recreation Board for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Marianne Nelson be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that David Kaptain be and is hereby appointed as a member of the Planning and Development Commission to fulfill the unexpired term of Stuart Wasilowski, for a term to expire May 1, 2000. BE IT FURTHER RESOLVED that Patrick Hudgens be and is hereby reappointed as a member of the Property Maintenance Appeals Board for a term to expire May 1, 2004. BE IT FURTHER RESOLVED that Gary A. Lichthardt be and is hereby appointed as a member of the Property Maintenance Appeals Board for a term to expire May 1, 2003. BE IT FURTHER RESOLVED that David Olsen be and is hereby reappointed as a member of the Property Maintenance Appeals Board for a term to expire May 1, 2004. BE IT FURTHER RESOLVED that Patrick Hines be and is hereby retained as a member of the Property Maintenance Appeals Board notwithstanding such member's previous failure to meet minimum attendance requirements. BE IT FURTHER RESOLVED that Fredrich Radloff be and is hereby reappointed as a member of the Board of Examiners of Stationary Engineers for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Claude Hamlin be and is hereby reappointed as a member of the Zoning and Subdivision Hearing Board for a term to expire May 1, 2002. sl Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXIV JULY 14, 1999 373 RESOLUTION 99-183 ADOPTED AMENDING THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1999 Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-183 RESOLUTION AMENDING THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1999 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council meetings for the remainder of 1999 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 1999 Committee of the Whole July 28, 1999 6:00 PM City Council July 28, 1999 7:00 PM Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City council. Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council August 11, 1999 6:00 PM August 11, 1999 7:00 PM August 25, 1999 6:00 PM August 25, 1999 7:00 PM September 8, 1999 6:00 PM September 8, 1999 7:00 PM September 22, 1999 6:00 PM September 22, 1999 7:00 PM October 13, 1999 6:00 PM October 13, 1999 7:00 PM October 2.7, 1999 6:00 PM October 27, 1999 7:00 PM November 3, 1999 November 3, 1999 November 17, 1999 November 17, 1999 December 1, 1999 December 1, 1999 December 15, 1999 December 15, 1999 sf Ed Schock Ed Schock, Mayor 6:00 PM 7:00 PM 6:00 PM 7:00 PM 6:00 PM 7:00 PM 6:00 PM 7:00 PM 374 JULY 14, 1999 VOLUME LXIV Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-1.84 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH INC. Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99--184 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH INC. WHEREAS, DSM Desotech Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on.the attached agreement. NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM Desotech Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXIV DULY 14, 1999 375 RESOLUTION 99-185 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH THE EAGLES CLUB Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. AUTHORIZING FIRE WHEREAS, the Eagles owner of certain property of the City of Elgin; and Resolution No. 99-185 RESOLUTION PROTECTION SERVICE AGREEMENT WITH THE EAGLES CLUB Club, a non-profit corporation, is the located outside the corporate limits WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with the Eagles Club for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s Dolonna -Mecum Dolonna Mecum, City Clerk RESOLUTION 99-186 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH FINCH & BARRY PROPERTIES Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. 376 JULY 14, 1999 VOLUME LXIV Resolution No. 99-186 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH FINCH & BARRY PROPERTIES WHEREAS, Finch & Barry Properties, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the'City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with Finch & Barry Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sj Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-187 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-187 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, a corporation., is the owner of certain property located outside the corporate limits of the City of Elgin; and VOLUME LXIV JULY 14, 1999 377 WHEREAS, said owner has requested the furnish fire protection services for said set forth on the attached agreement. City of Elgin to property on the terms NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with Illinois Tool Works for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock __— Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: _.sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-188 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99--188 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the 378 JULY 14, 1999 VOLUME LXIV City of. Elgin with St. Charles Street.Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-189 ADOPTED ACCEPTING FOR MAINTENANCE THE UNDERGROUND IMPROVEMENTS IN COLLEGE PARK SQUARE Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-189 RESOLUTION ACCEPTING FOR MAINTENANCE THE UNDERGROUND IMPROVEMENTS IN COLLEGE PARK SQUARE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the underground improvements, which include water main and sanitary sewer in College Park Square. s/ Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: _ s f Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXIV JULY 14, 1999 379 RESOLUTION 99-190 ADOPTED ADOPTING THE 1999 ANNUAL MINING REPORT OF PRAIRIE MATERIAL SALES INC. Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-190 RESOLUTION ADOPTING THE 1999 ANNUAL MINING REPORT OF PRAIRIE MATERIAL SALES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the 1999 Annual Mining Report for the Elgin Sports Complex prepared by Prairie Material Sales, Inc., excepting Section 4 regarding unforeseen circumstances and the closing paragraph concerning the movement of the stockpiled overburden, a copy of which is attached hereto. s/ Ed Schock _ Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-191 ADOPTED AUTHORIZING EXECUTION OF AN 'AGREEMENT WITH JJR INCORPORATED FOR THE PARKS AND RECREATION MASTER PLAN Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-191 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH JJR INCORPORATED FOR THE PARKS AND RECREATION MASTER PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, 380 JULY 14, 1999 VOLUME LXIV City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with JJR Incorporated for professional services in connection with the Parks and Recreation Master Plan, a copy of which is attached hereto and made a part hereof by reference. _s/ Ed Schock Ed Schock, Mayor Presented: July 14, 1999 Adopted: July 14, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED. AND ORDERED PLACED ON FILE Councilman Walters made a motion, seconded by Councilman Wasilowski, to place the following reports and minutes on file. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Hotel/Motel Tax - May 1999 State of Illinois Revenue Reports: Sales Tax —March 1999 Local Sales Tax - March 1999 State Income Tax - May 1999 State Use Tax - March 1999 State Photo Processing Tax - March 1999 Civil Service Commission Minutes for November 2, 1998 Cultural Arts Commission Minutes for May 10, 1999 Emergency Telephone Systems Board of Elgin Minutes for April 15, 1999 Hemmens Advisory Board Minutes for May 13, 1999 Heritage Commission Design Review Subcommittee Minutes for May 18, 1999 Sports Complex Project Leadership Team Minutes for September 24, 1999 Planning and Development Commission Minutes for May 17 and June 7, 1999 Zoning and Subdivision Hearing Board Minutes for May 19, 1999 Committee of the Whole Minutes for June 9, 1999 City Council Minutes for June 9, 1999 VOLUME LXIV JULY 14, 1999 381 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilman Walters made a motion, seconded by Councilwoman Munson, to adjourn and go into Executive Session to discuss the following matters. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schack. Nays: None. Selection of a Person to Fill a Vacant Office, or Removal of a Person from an Office, when the Public Body has the Power to do so by Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act Pending, or Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body Before a Court or Administrative Tribunal - Exempt Under Section 120/2(c)(11) of the Open Meetings Act Consideration of Information Regarding Appointment, Employment or Dismissal. of Employee - exempt under Section 120/2 (c) (1) of Open Meetings Act The meeting adjourned at 9:28 p.m. July 28, 1999 _„-- Dolonna Mecum, City Clerk Date Approved VOLUME LXIV JULY 28,1999 382 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 July 28, 1999, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by.Pastor Mike Frantz, and the Pledge of Allegiance was led by Jeff Rifken. ROLL CALL Roll call was answered by Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Absent: Councilmembers Gilliam and Yearman. MINUTES OF THE JULY 14 1999 COUNCIL MEETING APPROVED AS DISTRIBUTED Councilman Walters made a motion, seconded by Councilman Wasilowski, to approve the July 14, 1999, Council Meeting Minutes as distributed. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. COMMUNICATIONS Proclamation .inRecognition of the 16th Annual National Night Out Sponsored bv the National Association of Town Watch Nationally and the Elgin Neighborhood watch Locally Mayor Schock read and presented the aforesaid proclamation to Miriam Scott on behalf of the Elgin Neighborhood Watch organization. RECOGNIZE PERSONS PRESENT William Schumacher, 216 Seneca Street, suggested that a brochure printed in Spanish regarding rules and procedures for garbage and yard waste materials be distributed in neighborhoods which have a high Hispanic population. He also stated that Waste Management picks up bags of grass clippings without the required stickers being affixed. Tom Conro, 628 S. Liberty, representing the SouthEast Elgin Neighborhood Association, announced that their association and ROPE Officer Tom Young are sponsoring a Unity Day Festival at Drake Field on Saturday, July 31, 1999. 383 JULY 28, 1999 VOLUME LXIV BID AWARDED FOR 1999 SEWER LINING CONTRACT AWARD Councilman Walters made a motion, seconded by Councilman Wasilowski, to award this contract to Municipal Pipe Tool Co., Inc. in the amount of $253,243. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. RFP 99-075 AWARDED FOR THE NEST INSTALLATION AND WATER GARDEN DISPLAY IN LORDS PARK ZOO Councilwoman Munson made a motion, seconded by Councilman Figueroa, to award this contract to Createscapes, Inc. in the amount of $10,000. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. BID 99-061 REJECTED FOR 1999 TRAFFIC SIGNAL PAINTING Councilman Walters made a motion, seconded by Councilman Wasilowski, to reject this bid, revise the project specifications, and rebid the project in August 1999. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. BID 99-074 AWARDED FOR SPRING STREET PARKING DECK REHABILITATION AWARD Councilman Figueroa made a motion, seconded by Councilman Wasilowski, to award this contract to Harry S. Peterson Co. for $181,704. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. BID AWARDED FOR OVERHEAD TOWER CLEANING AND INSPECTION Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to award this contract to U.S. Underwater Services, Inc. for $5,400. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. BID 99-078 AWARDED FOR CITY HALL PARKING LOT IMPROVEMENTS Councilman Walters made a motion, seconded by Councilwoman Munson, to award this project to Chicagoland Paving in the amount of $68,485. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. VOLUME LXIV JULY 28, 1999 o BID 99-068 AWARDED FOR DIESEL POWERED RIDER SWEEPER Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to approve the purchase of a diesel powered rider sweeper from Standard Equipment Company at a cost of $23,334. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schack. Nays: None. PETITION 7-99 REMAINS TABLED REQUESTING CONDITIONAL USE APPROVAL`FOR A PLANNED DEVELOPMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT• PROPERTY LOCATED AT 535 VILLA STREET• BY JACK TEBODA, AS APPLICANT AND OWNER Pursuant to the request of the petitioner, Petition 7-99 remains tabled. ORDINANCE G45-99 PASSED AMENDING THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT (WOODBRIDGE NORTH) (PETITION 33-99 Councilman Wasilowski made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Ordinance No. G45-99 AN ORDINANCE AMENDING THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT (WOODBRIDGE NORTH) WHEREAS, written application has been made to amend the development plan in the Woodbridge North PAB Planned Area Business District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission. NOW., THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: 385 JULY 28, 1999 VOLUME LXIV The boundaries hereinafter laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the amended PAB Planned Area Business District, the following described property: Those parts of the West Half of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 21, together with that part of the East Half of the Northwest Quarter of Section 28, both in Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southwest corner of the East Half of the Northwest Quarter of Section 28, aforesaid; thence North 1 degree 42 minutes 3 seconds West along the west line of the East half of the Northwest Quarter of said Section 28, a distance of 2676.35 feet to a point on the South line of the Southwest Quarter of Section 21, aforesaid; thence 88 degrees 31 minutes 36 seconds West along said South line, a distance of 8.35 feet to a point on the present centerline of county highway Route 34, Randall Road, (F.A.S. Rte. 1110) as shown on plat of dedication recorded as Document No. 830326; thence North 1 degree 51 minutes 53 seconds West along said centerline, a distance of 165.00 feet; thence North 88 degrees 31 minutes 36 seconds East, a distance of 173.96 feet to a point of curvature; thence southeasterly along an arc of a circle, convex to the Northeast, having a radius of 700.00 feet, the chord thereof having a bearing of South 63 degrees 34 minutes 4 seconds East and a length of 655.22 feet, an arc -distance of 681.86 feet to a point of tangency; thence South 35 degrees 39 minutes 45 seconds East, a distance of 158.66 feet to a point of curvature; thence southeasterly along an arc of a circle, convex to the Southwest, having a radius of 350.00 feet, the chord thereof having a bearing of 43 degrees 13 minutes 28 seconds East and a length of 92.12 feet., an arc -distance of 92.3.9 feet; thence South 1 degree 51 minutes 53 seconds East parallel with the centerline of Randall Road, aforesaid, a distance of 2327.04 feet to a point on the South line of the Northwest Quarter of Section 28, aforesaid; thence South 88 degrees 2 minutes 5 seconds West along said South line, a distance of 899.32 feet to the place of beginning, in the City of Elgin, Kane County, Illinois (COMMONLY KNOWN AS 801 SOUTH RANDALL ROAD). Section 2. That the City Council of the City of Elgin hereby grants the amendment to the development plan in the Woodbridge North PAB Planned Area Business District at 801 South Randall Road in accordance with the following provisions: VOLUME LXIV J-ULY 28, 1999 385 A. Purpose and Intent. The purpose of this PAB Planned Area Business District is to provide commodities and services services to the community and region. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "(SR)", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, as amended. E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 Land Use, of the Elgin Municipal Code, as amended. The following enumerated "land uses" (SR) shall be the only land uses allowed as a "permitted use" (SR) in this PAB district: 1. The enumerated land uses listed as permitted uses under Section 19.35.430 (A) Permitted Uses in the AB Area Business District, and 2. Motor Vehicle Repair Shops (SR) (753) 3. Motor Vehicle Service Stations (SR) (554) 4. Package Liquor Sales Establishments (SR) (5921) F. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PAB zoning district, site design for a zoning lot, lot area, lot width, setbacks, accessory structures and buildings, yards, landscape JULY 28, 1999 VOLUME LXIV yards, floor area, and building coverage shall be in substantial conformance to the development .plans and building elevations contained in the Meijer Fresh project booklet, dated February, 1999, and the Woodbridge Commons project booklet, dated June 30, 1999. The westerly point of access to this PAB District from College Green Drive (future Spartan Drive) shall be limited to right turn -in traffic movements only (unless an intersection improvement including a left turn -in traffic movement is designed and meets sound traffic engineering standards and practices). G. Off Street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended. H. Off Street Loading. In this PAB zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. 1. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended, except as may otherwise be provided in this section. In this PAB District, signs shall be in substantial conformance with the sign elevation drawings contained in the Meijer Fresh project booklet, dated February, 1999, and the Woodbridge Commons project booklet dated June 30, 1999. J. Nonconforming Uses and Structures. In this PAB zoning district, nonconforming uses and structures shall be subjectto the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments. This PAB zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. L. Conditional Uses. In this PAB zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended; and shall be processed as an amendment to this PAB District. M. variations. Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be VOLUME LXZV JULY 28, 1999 388 requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. Section 3. That Ordinance No. G13-99, entitled "An Ordinance Amending the Development Plan in a PAS Planned Area Business District (Woodbridge North)", passed. March 10, 1999, be and is hereby repealed. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Passed: July 28, 1999 Vote: Yeas 5 Nays 0 Recorded: July 29, 1999 Published: Attest: s1_ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-208 ADOPTED APPROVING PRELIMINARY PLAT FOR WOODBRIDGE COMMONS PETITION 33-99 Councilman Walters made a motion, seconded by Councilman Figueroa, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. 389 JULY 28, 1999 VOLUME LXIV Resolution No. 99-208 RESOLUTION APPROVING PRELIMINARY PLAT FOR WOODBRIDGE COMMONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Manhard Consulting Ltd. dated April 1.9, 1999 for Woodbridge Commons. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G46-99 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE 1976 AS AMENDED ENTITLED ALCOHOLIC LIQUOR DEALERS (CLASS B LICENSES Councilman Wasilowski made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Ordinance No. G46-99 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" (Class B Licenses) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1.. That Elgin Municipal Code Section 6.06.050 entitled "Licenses --Number to be Issued" be and is hereby amended by amending Subparagraph B thereof to read as follows: VOLUME LXIV JULY 28, 1999 390 "B. The number of Class B licenses shall not exceed eighteen (18) in number." 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. s/ Ed Schock _ Ed Schock, Mayor Presented: July 28, 1999 Passed: July 28, 1999 Vote: Yeas 5 Nays 0 Recorded: July 29, 1999 Published: July 31, 1999 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G47-99 PASSED AMENDING CHAPTER 6.06 ENTITLED ALCOHOLIC LIQUOR DEALERS AND CHAPTER 12.08 ENTITLED PUBLIC PARKS --GENERAL REGULATIONS OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Ordinance No. G47-99 AN ORDINANCE AMENDING CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" AND CHAPTER 12.08 ENTITLED "PUBLIC PARKS -GENERAL REGULATIONS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 entitled "License -- Classes ---Fees" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Subparagraph L thereof to read as follows: 391 JULY 28, 1999 VOLUME LXIV "L. Class I. For retail sale of alcoholic liquor limited to beer and wine only during special events sponsored by the city or by a not -for -profit corporation or association registered with the State of Illinois. No license shall be issued for any such not -for -profit corporation or association for more than four consecutive days nor for more than. 12 hours during any single day. A licensee holding a Class I license or the vendor selling alcoholic liquor pursuant to such Class I license may sell or permit to be sold alcoholic liquors consisting of beer and wine only for the hours each day as specified in the Class I license as issued. No more than five Class I licenses shall be issued to any not -for -profit corporation or association during any one calendar year. In the event such a not -tor -profit corporation or association utilizes a vendor who holds a then -currently issued and valid Class A, AA, D, E, E-1, F, N, N-1, O, P or R liquor license in the city, such vendor shall actually conduct and be responsible for all liquor sales. In the event such not -for -profit corporation or association does not so utilize a vendor then prior to the issuance of any Class I license to a not -for -profit corporation or association such not -for -profit corporation or association shall post with the city a bond in the amount of $5,000.00 in a form approved by the corporation counsel which shall be in favor of the City of Elgin. A condition of the obligation of such bond shall be a guarantee that the special event and the sale of alcoholic liquor shall be conducted in compliance with all applicable ordinances and other requirements of law. Prior to the issuance of any Class I license the applicant shall submit to the Chief of Police a security plan -which must be approved by the Chief of Police which includes an acknowledgement from the applicant that any changes to the security plan must be submitted to the Chief of Police in writing five days before the event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons legally authorized to purchase and consume alcoholic liquor. The license fee per day is $25.00." Section 2. That Section 6.06.150 entitled "Offenses by Other than Licensee" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Subparagraph B thereof to read as follows: "B. Except as may be expressly permitted pursuant to a special events permit issued by the city pursuant to Chapter 13.25 of this code entitled "Special Events in Public Places" it is unlawful for VOLUME LXIV JULY 28, 1999 392 F any person to consume any alcoholic liquor upon a public street, sidewalk, mall, bridge or other public property. Except as may be expressly permitted pursuant to a special event sponsored or cosponsored by the city and pursuant to a special event permit therefore issued by the city pursuant to Chapter .13.25 of this code entitled "Special Events in Public Places" it is unlawful to consume any alcoholic liquor in any park. In all events it is unlawful to consume any alcoholic liquor in any park or any motor vehicle on any public street or public property in the city." Section 3. That Section 12.08.010 entitled "Certain Acts Prohibited" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Subparagraph I thereof to read as follows: "I. The possession of any beverage containing alcohol shall not be permitted except as may be expressly permitted pursuant to a special event sponsored or cosponsored by the city and pursuant to a special event permit therefore issued by the city pursuant to Chapter 13.25 of this code entitled "Special Events in Public Places". Section 4. That all ordinances or parts thereof in conflict with the provisions of this ordinance be and are repealed. Section S. That this ordinance shall be in full force and effect after its passage. s Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Passed: July 28, 1999 Vote: Yeas 5 Nays 0 Recorded: July 29, 1999 Published: Attest: D_olonna Mecum Dolonna Mecum, City Clerk 393 JULY 28, 1999 VOLUME LXIV RESOLUTION 99-209 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE TALISMAN THEATRE Councilman Walters made a motion, seconded by Councilman Wasilowski, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schack. Nays: None. Resolution No. 99-209 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE TALISMAN THEATRE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Cost Sharing Agreement on behalf of the City of Elgin with the Talisman Theatre for Shakespeare in the Park to be held on August 5 through 15, 1999, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-210 ADOPTED ACCEPTING FOR MAINTENANCE CERTAIN UNDERGROUND IMPROVEMENTS IN STONEGATE OF CENTURY OAKS UNIT 2 Councilwoman Munson made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-210 RESOLUTION ACCEPTING FOR MAINTENANCE CERTAIN UNDERGROUND IMPROVEMENTS IN STONEGATE OF CENTURY OAKS UNIT 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance VOLUME LXIV JULY 28, 1999 394 certain underground improvements, which include water main and sanitary sewer in Stonegate of Century Oaks Unit 2. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-211 ADOPTED AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (19 DOUGLAS AVENUE) Councilman Wasilowski made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99--211 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (19 Douglas Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with Patricia Keeney for the property commonly known as 19 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 395 JULY 28, 1999 VOLUME LXIV RESOLUTION 99-212 ADOPTED AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT 21 DOUGLAS AVENUE Councilman Wasilowski made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-212 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (21 Douglas Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with David Andersen for the property commonly known as 21 Douglas Avenue, a copy of which is attached hereto and made. a part hereof by reference. s/ Ed Schock _ Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum_ _-------------- Dolonna Mecum, City Clerk RESOLUTION 99-213 ADOPTED AUTHORIZING EXECUTION OF A RIGHT OF ENTRY AGREEMENT WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR THE KIMBALL STREET DAM PROJECT Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. VOLUME LXIV JULY 28, 1999 396 Resolution No. 99-213 RESOLUTION AUTHORIZING EXECUTION OF A RIGHT OF ENTRY AGREEMENT WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR THE KIMBALL STREET DAM PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Right of Entry Agreement on behalf of the City of Elgin with the Commuter Rail Division of the Regional Transportation Authority (Metra) to permit entry onto the property of Metra for the purpose of making repairs to the Kimball Street Dam, a copy of which is attached hereto and made a part hereof by reference. SEd_ Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Vote: Yeas 5 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T21-99 HELD ESTABLISHING A RIVERFRONT CENTER CITY COMMISSION This item is being held until the August 11, 1999, meeting, pursuant to the. request of Councilwoman Yearman, who was unable to attend tonight's meeting. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Walters made a motion, seconded by Councilwoman Munson, to authorize the following payments. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Elgin Symphony $15,000 Orchestra Sherman Benefit $ 5,676.02 Manager Elgin, IL. Performance at the Wing Park Bandshell on August 20, 1999. Employment physicals. 397 JULY 28, 1999 VOLUME LXIV Associates Commercial $17,633.47 Rental lease payment Irving, TX No. 2 of 5 for used motor grader. Moody's Investors $ 5,000.00 Professional services Service for general obligation Newark, NJ corporate bonds, Series 1999. Dick and Mary Jo $ 5,000.00 Reimbursement of public Hasenmiller right of way, sanitary Elgin, IL. sewer lateral repair assistance program in accordance with EMC 14.08.1.16. Triggi Construction $93,510.26 Final payment. for West Chicago, IL Seminole/Hiawatha Street improvements. Badger Meter Mfg. $46,502.43 Water meters and Milwaukee, WI. related materials for installation throughout the City. CONSENT AGENDA Councilman. Figueroa made a motion, seconded by Councilwoman Munson, to pass Ordinance Nos. G42-99, G43-99, G44-99, S8-99 and adopt Resolution Nos. 99-195 through 99-207, 99-214 and 99-215 by omnibus vote. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. ORDINANCE G42--99 PASSED AMENDING CERTAIN PARKING RESTRICTION WITHIN THE CITY OF ELGIN (SURREY DRIVE) Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Ordinance No. G42-99 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN ( Surrey Drive) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXIV JULY 28, 1999 398 Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050P the following: Surrey Drive. Surrey Drive, east side thereof, and in the cul-de-sac at the south end of Surrey Drive, from 2:00 a.m. to 6:00 a.m. 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 ten days after its passage in the manner provided by law. s Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Passed: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Recorded: July 29, 1999 Published: Attest: sl Dolonna Mecum _ Dolonna Mecum, City Clerk ORDINANCE S8--99 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY O_F_ELGIN (2831 WINCHESTER DRIVE) „(PETITION 30-99) Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Ordinance No. S8-99 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2831 Winchester Drive) WHEREAS, a petition has been filed by the City of Elgin as the owner of record of certain territory requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and 399 DULY 28, 1999 VOLUME LXIV WHEREAS, legal notice of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: THAT PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 53 IN RANDALL RIDGE SUBDIVISION UNIT NO. 4, BEING A SUBDIVISION OF SAID NORTH HALF OF SECTION 17, ALSO BEING THE MOST SOUTHERLY CORNER OF LOT A IN SAID RANDALL RIDGE SUBDIVISION; THENCE NORTH 10 DEGREES 20 MINUTES 35 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LOT A, ALSO BEING THE EASTERLY LINE OF SAID LOT 53 AND SAID EASTERLY LINE EXTENDED NORTHERLY, A DISTANCE OF 161.74 FEET; THENCE NORTH 75 DEGREES 48 MINUTES 48 SECONDS EAST, A DISTANCE OF 60.72 FEET; THENCE NORTH 57 DEGREES 35 MINUTES 49 SECONDS EAST, A DISTANCE OF 96.48 FEET TO THE EASTERLY LINE OF SAID LOT A FOR THE POINT OF BEGINNING, THENCE CONTINUING NORTH 57 DEGREES 35 MINUTES 49 SECONDS EAST, A DISTANCE OF 131.43 FEET; THENCE SOUTH 66 DEGREES 11 MINUTES 10 SECONDS EAST, A DISTANCE OF 104.98 FEET; THENCE NORTH 81 DEGREES 57 MINUTES 48 SECONDS EAST, A DISTANCE OF 141.68 FEET; THENCE SOUTH 08 DEGREES 02 MINUTES 12 SECONDS EAST, A DISTANCE OF 397.88. FEET TO THE NORTHEAST CORNER OF LOT 73 IN RANDALL RIDGE SUBDIVISION UNIT NO. 3, BEING A SUBDIVISION IN PART OF AFORESAID NORTH HALF OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 56 DEGREES 59 MINUTES 14 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID RANDALL RIDGE UNIT NO. 3, A DISTANCE OF 88.39 FEET; THENCE NORTH 64 DEGREES 39 MINUTES 59 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 88.39 FEET; THENCE NORTH 72 DEGREES 20 MINUTES 44 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 88.39 FEET; THENCE NORTH 80 DEGREES 01 MINUTES 29 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 88.39 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 14 SECONDS WEST, ALONG SAID .NORTHERLY LINE, A DISTANCE OF 38.14 FEET TO THE SOUTHEAST CORNER OF AFORESAID LOT A; THENCE NORTH 10 DEGREES 20 MINUTES 35 SECONDS WEST, ALONG AFORESAID EASTERLY LINE OF LOT A, A DISTANCE OF 220.07 FEET TO THE POINT OF BEGINNING, ALL IN THE VOLUME LXIV JULY 28, 1999 400 CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 2.41 ACRES MORE OR LESS. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Passed: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Recorded: July 29, 1999 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G43--99 PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND RECLASSIFYING PROPERTY LOCATED AT 2831 WINCHESTER, DRIVE (PETITION 3.0_-9� Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilows.ki and Mayor Schock. Nays: None. Ordinance No. G43-99 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND RECLASSIFYING PROPERTY LOCATED AT 2831 WINCHESTER DRIVE WHEREAS, the territory herein described as Parcel One has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said Parcel One in the CF Community Facility District; and WHEREAS, written application has been made to reclassify property described as Parcel Two from SFR2 Single Family Residence District to CF Community Facility District; and 401 JULY 28, 1999 VOLUME LXIV WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendation; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding' thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the CF Community Facility District the following described property: PARCEL ONE THAT PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 53 IN RANDALL RIDGE SUBDIVISION UNIT NO. 4, BEING A SUBDIVISION OF SAID NORTH HALF OF SECTION 17, ALSO BEING THE MOST SOUTHERLY CORNER OF LOT A IN SAID RANDALL RIDGE SUBDIVISION; THENCE NORTH 10 DEGREES 20 MINUTES 35 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LOT A, ALSO BEING THE EASTERLY LINE OF SAID LOT 53 AND SAID EASTERLY LINE EXTENDED NORTHERLY, A DISTANCE OF 161.74 FEET; THENCE NORTH 75 DEGREES 48 MINUTES 48 SECONDS EAST, A DISTANCE OF 60.72 FEET; THENCE NORTH 57 DEGREES 35 MINUTES 49 SECONDS EAST, A DISTANCE OF 96.48 FEET TO THE EASTERLY LINE OF SAID LOT A FOR THE POINT OF BEGINNING, THENCE CONTINUING NORTH 57 DEGREES 35 MINUTES 49 SECONDS EAST, A DISTANCE OF 131.43 FEET; THENCE SOUTH 66 DEGREES 11 MINUTES 10 SECONDS EAST, A DISTANCE OF 104.98 FEET; THENCE NORTH 81 DEGREES 57 MINUTES 48 SECONDS EAST, A DISTANCE OF 141.68 FEET; THENCE SOUTH 08 DEGREES 02 MINUTES 12 SECONDS EAST, A DISTANCE OF 397.88 FEET TO THE NORTHEAST CORNER OF LOT 73 IN RANDALL RIDGE SUBDIVISION UNIT NO. 3,.BEING A SUBDIVISION IN PART OF AFORESAID NORTH HALF OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 56 DEGREES 59 MINUTES 14 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID RANDALL RIDGE UNIT NO. 3, A DISTANCE OF 88.39 FEET; THENCE NORTH 64 DEGREES 39 MINUTES 59 SECONDS WEST, ALONG SAID VOLUME LXIV JULY 28, 1999 402 NORTHERLY LINE, A DISTANCE OF 88.39 FEET; THENCE NORTH 72 DEGREES 20 MINUTES 44 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 88.39 FEET; THENCE NORTH 80 DEGREES 01 MINUTES 29 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 88.39 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 14 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 38.14 FEET TO THE SOUTHEAST CORNER OF AFORESAID LOT A; THENCE NORTH 10 DEGREES 20 MINUTES 35 SECONDS WEST, ALONG AFORESAID EASTERLY LINE OF LOT A, A DISTANCE OF 220.07 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 2.41 ACRES MORE OR LESS." Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the SFR2 Single Family Residence District and including in the CF Community Facility District, the following described property: PARCEL TWO THAT PART OF LOT A IN RANDALL RIDGE SUBDIVISION UNIT NO. 4, BEING A SUBDIVISION IN PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON JULY 18, 1995 AS DOCUMENT NO. 95K-039586, IN KANE COUNTY ILLINOIS, AND ALSO THAT PART OF SAID NORTH HALF OF SECTION 17 DESCRIBED AS FOLLOWS: THE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF LOT 53 IN SAID RANDALL RIDGE SUBDIVISION UNIT NO. 4 ALSO BEING THE MOST SOUTHERLY CORNER OF SAID LOT A; THENCE NORTH 10 DEGREES 20 MINUTES 35 SECONDS WEST, ALONG SAID WESTERLY LINE OF SAID LOT A, ALSO BEING THE EASTERLY LINE OF SAID LOT 53 AND SAID EASTERLY LINE EXTENDED NORTHERLY, A DISTANCE OF 161.74 FEET; THENCE NORTH 75 DEGREES 48 MINUTES 48 SECONDS EAST, A DISTANCE OF 60.72 FEET; THENCE NORTH 57 DEGREES 35 MINUTES 49 SECONDS EAST, A DISTANCE OF 96.48 FEET TO THE EASTERLY LINE OF SAID LOT A; THENCE SOUTH 10 DEGREES 20 MINUTES 35 SECONDS EAST ALONG SAID EASTERLY LINE OF LOT A, A DISTANCE OF 265.74 FEET TO THE NORTHERLY LINE OF LOT 69 IN RANDALL RIDGE SUBDIVISION UNIT NO. 3, BEING A SUBDIVISION IN PART OF AFORESAID NORTH HALF OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 87 DEGREES 42 MINUTES 14 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID RANDALL RIDGE UNIT NO. 3, A DISTANCE OF 50.00 403 JULY 28, 1999 VOLUME LXIV FEET, MORE OR LESS; THENCE SOUTH 84 DEGREES 37 MINUTES 01 SECONDS WEST, A DISTANCE OF 88.39 FEET; jf,.,... THENCE SOUTH 76 DEGREES 56 MINUTES 16 SECONDS, A DISTANCE OF 12.92 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS." Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. sZ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Passed: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Recorded: July 29, 1999 Published: Attest.: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLU`i'I L.L.C. 31-99 Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schack. Nays: None. Resolution No. 99-195 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH FIELDSTONE OF ELGIN, L.L.C. (1495 E. Chicago Street) WHEREAS, the owners of certain property commonly known as 1495 E. Chicago Street have proposed that the annexation agreement between the owners and the City of Elgin concerning said property 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 VOLUME LXIV JULY 28, 1999 404 WHEREAS, the proposed Amendment to Annexation Agreement with Fieldstone of Elgin, L.L.C. 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 Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, an Amendment to Annexation Agreement with Fieldstone of Elgin, L.L.C., a copy of which is attached hereto. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: _ 1 Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G44-99 PASSED AMENDING AN ORDINANCE CLASSIFYING THE PROPERTY LOCATED AT 1.495 EAST CHICAGO STREET IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND CF COMMUNITY FACILITY DISTRICT ( PETITION 31. - 9 9 ) Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Ordinance No. G44--99 AN ORDINANCE AMENDING AN ORDINANCE CLASSIFYING PROPERTY LOCATED AT 1495 EAST CHICAGO STREET IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND CF COMMUNITY FACILITY DISTRICT (FIELDSTONE PLANNED DEVELOPMENT) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PMFR Planned Multiple Family Residence District and CF Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing 405 JULY 28, 1999 VOLUME LXIV concerning said application and has submitted its written findings and recommendation; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described property: Parts of Lots "A" and "C" in Section 20 according to the plat filed with the commissioner's report in case number 19700 Circuit Court of Cook County, Illinois, in Township 41 North, Range 9 East of the Third Principal Meridian along with, all that part of the East Half of the Northwest Quarter of Section 20 and the West Half of the. Northeast `. Quarter in Section 20, all in Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 20, thence easterly along the North line of said Section 20, 1803.07 feet to the easterly line of the public service company right-of-way as conveyed by Document 9373888; thence South 4 degrees, 19 minutes, West along the easterly line of said public service company right-of-way, 139.6 feet to the southerly line of State Route Number 19 as dedicated by Document Number 11200329, thence North 83 degrees, 10 minutes East along the southerly line of State Route 19, 216.2 feet; thence easterly along said southerly line being along a curve to the right that is tangent to the last described course 253.18 feet for a point of beginning; thence continuing easterly along said southerly line 407.16 feet; thence South 04 degrees, 43 minutes, 33 seconds West for a distance of 272.02 feet; thence South 84 degrees, 57 minutes, 47 seconds East for a distance of 133.00 feet to the easterly line of said Lots "A" and "C" per case number 19700, said point also being on a line being 317.66 feet South of the center line of Chicago -Elgin Road (Illinois Route 19); thence South 83 degrees, 02 minutes, 16 seconds East along a line VOLUME LXIV JULY 28, 1999 406 parallel with said center line for a distance of 150.11 feet; thence North 04 degrees, 43 minutes, 33 seconds East along a line parallel with said East line of Parcel "C" and "A" for a distance of 317.81 feet to a point on the center line of said Chicago Elgin Road; thence South 83 degrees, 02 minutes, 16 seconds East along the last described line 622.19 feet to a point, said point also being the Northeast Corner of Lot 8 in the County Clerks Division of Section 20; thence South 32 degrees, 32 minutes, 16 seconds East along the easterly line of said Lot 8 for a distance of 259.00 feet to a bend point in said easterly line of Lot 8, said point also being on the westerly line of the Elgin Joliet and Eastern Railroad Company right-of-way, being a curve; thence southerly along the last described line being a curve to the left, having a radius of 2881.85 feet for an arc distance of 882.87 feet, whose chord bears South 17 degrees, 44 minutes, 43 seconds West for a chord distance of 879.42 feet to a point of tangency of said right-of-way; thence South 08 degrees, 58 minutes, 08 seconds West along said westerly right-of-way for a distance of 723.38 feet to a point of intersection of the westerly right-of-way of the Elgin, Joliet and Eastern Railroad Company with the northerly line of the Midland Industrial Park Subdivision, being a subdivision of part of Section 20 Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 3, 1979 as Document Number 22922298; thence North 82 degrees, 52 minutes, 55 seconds West along said northerly line of Midland Industrial Park Subdivision for a distance of 1283.61 feet to a point; thence North 06 degrees, 57 minutes, 04 seconds East for a distance of 1698.00 feet to the point of beginning, excepting therefrom that part of the Elgin Chicago Road (Illinois Route 19) as dedicated by Document Number 11200329, all in Cook County, Illinois. Also: Lot 6 in County Clerk's Division in Section 20, Township 41 North Range 9 East of the Third Principal. Meridian, (except that part of said Lot falling in Document 11200329 recorded February 16, 1933 dedicated for highway purposes). Also: Excepting therefrom: Part of Lots "A" and "C" in Section 20 according to the plat filed with the commissioner's report in case number 19700 Circuit Court of Cook County, Illinois, in Township 41 North, Range 9 East of the Third Principal Meridian along with, all that 407 JULY 28, 1999 VOLUME LXIV part of the East Half of the Northwest Quarter of Section 2--0 and the West Half of the Northeast Quarter of Section 20, all in Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the intersection of the westerly right-of-way of the Elgin, Joliet and Eastern Railroad Company and the northerly line of the Midland Industrial Park Subdivision, being a subdivision of part of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 3, 1979 as Document Number 22922298; thence North 82 degrees, 52 minutes, 55 seconds West along said northerly line of Midland Industrial Park Subdivision for a. distance of 359.09 feet to a point; thence North 07 degrees, 07 minutes, 05 seconds East 654.93 feet to the point of beginning; thence North 77 degrees 30, minutes 06 seconds West 173.17 feet; thence North 82 degrees, 26 minutes, 09 seconds West 104.49 feet; thence North 90 degrees, 00 minutes, 00 ,seconds West 167.00 feet; thence South 86 degrees, 05 minutes, 08 seconds West 51.02 feet; thence South 88 degrees, 58 minutes, 34 seconds West 83.70 feet; thence North 06 degrees, 57 minutes, 03o seconds East to a curve, thence northerly along a curve to the left, having a radius of 430.00 feet for an arc distance of 1.8.37 feet; thence North 78 degrees, 45 minutes, 59 seconds East 198.45 feet; thence North 58 degrees, 51 minutes, 09 seconds East 85.74 feet; thence North 44 degrees, 15 minutes, 03 seconds East 156.00 feet; thence North 26 degrees, 50 minutes, 06 seconds East 87.27 feet; 99.59 feet; thence South 48 degrees, 06 minutes, 37 seconds East 194.52 feet; thence South 71 degrees, 15 minutes, 41 seconds East 43.95 feet; thence South 13 degrees, 33 minutes, 54 seconds West 184.20 feet; thence South 0.2 degrees, 14 minutes, 02 seconds West 130.80 feet to the point of beginning, all in Cook County, Illinois." Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the CP Community Facility District, the following described property: Part of Lots "A" and "C" in Section 20 according to the plat filed with the commissioner's report in case number 19700 Circuit Court of Cook County, Illinois, in Township 41 North, Range 9 East VOLUME LXIV JULY 28, 1999 408 of the Third Principal Meridian along with, all that part of the East Half of the Northwest Quarter of Section 2-0 and the West Half of the Northeast Quarter of Section 20, all in Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the intersection of the westerly right-of-way of the Elgin, Joliet and Eastern Railroad Company and the northerly line of the Midland industrial Park Subdivision, being a subdivision of part of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 3, 1979 as Document Number 22922298; thence North 82 degrees, 52 minutes, 55 seconds West along said northerly line of Midland industrial Park Subdivision for a distance of 359.09 feet to a point; thence North 07 degrees, 07 minutes, 05 seconds East 654.93 feet to the point of beginning; thence North 77 degrees 30, minutes 06 seconds West 173.17 feet; thence North 82 degrees, 26 minutes, 09 seconds West 104.49 feet; thence North 90 degrees, 00 minutes, 00 seconds West 167.00 feet; thence South 86 degrees, 05 minutes, 08 seconds West 51.02 feet; thence South 88 degrees, 58 minutes, 34 seconds West 83.70 feet; thence North 06 degrees, 57 minutes, 03o seconds East to a curve, (` thence northerly along a curve to the left, having a radius of 430.00 feet for an arc distance of 18.37 feet; thence North 78 degrees, 45 minutes, 59 seconds East 198.45 feet; thence North 58 degrees, 51 minutes, 09 seconds East 85.74 feet; thence North 44 degrees, 15 minutes, 03 seconds East 156.00 feet; thence North 26 degrees, 50 minutes, 06 seconds East 87.27 feet; thence North 09 degrees, 06 minutes, 16 seconds East 99.59 feet; thence South 48 degrees, 06 minutes, 37 seconds East 194.52 feet; thence South 71 degrees, 15 minutes, 41 seconds East 43.95 feet; thence South 13 degrees, 33 minutes, 54 seconds West 184.20 feet; thence South 02 degrees, 14 minutes, 02 seconds West 130.80 feet to the point of beginning, all in Cook County, Illinois." Section 3. That the City Council of the City of Elgin hereby grants the planned multiple family residence district and community facility district which shall be designed, developed, and operated subject to: A. PURPOSE AND INTENT The purpose and intent of the PMFR District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code. 409 JULY 28, 1999 VOLUME LXIV The PMFR District is most similar to, but departs from the standard requirements of the MFR district. B. SUPPLEMENTARY REGULATIONS Any word or phrase contained within this ordinance followed by the symbol "" (SR) " shall be subject to the definitions and the additional interpretative requirements provided in Chapter 19.90 Supplementary Regulations of the Elgin Municipal Code. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. GENERAL PROVISIONS In the PMFR District, the use. and development of Land and structures shall be subject to the provisions of Chapter 19.05 General Provisions of the Elgin Municipal Code. D. ZONING DISTRICTS In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 Zoning Districts of the Elgin Municipal Code. E. LOCATION AND SIZE OF DISTRICT The location of the PMFR District is an amendment to the official comprehensive plan. The PMFR District contains more than two (2) acres of land pursuant to the provisions of Chapter 19.25.925 Location and Size of District of the Elgin Municipal Code. F. LAND USE In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.1.0 Land Use of the Elgin Municipal Code. The following enumerated "land uses" (SR) shall be the only land uses allowed as a "permitted use" (SR) in the PMFR District. Residence Division 1) "Multiple Family Dwellings" (SR) (UNCL). 2) "Residential Garage Sales" (SR) (UNCL). 3) "Residential Occupations" (SR) (UNCL). 4) "Residential Outdoor Storage of Firewood" (SR) 5) "Residential Parking Areas" (SR) (UNCL). 6) "Residential Storage" (SR) (UNCL). Finance, Insurance, and Real Estate Division 7) "Development Sales Office" (SR) (UNCL). VOLUME LXIV JULY 28, 1999 410 Services Division 8) "Family Residential Care Facility" (SR) (8361). 9) "Home Child Day Care Services" (SR) (8351). Construction Division 10) "Contractors Office and Equipment Areas" (SR) (UNCL) . T_ransportationl_Communication_ and Utilities Division 11) "Radio and Television Antennas" (SR) (UNCL). 12) "Satellite Dish Antennas" (SR) (UNCL). 13) "Treatment, Transmission, and Distribution Facilities: Poles, Wires, Cables, Conduits, Laterals, Vaults, Pipes, Mains, and Valves" (SR) (UNCL) . Miscellaneous Uses Division The following shall be in substantial conformance with the revised Fieldstone Development Plan, prepared by the Lannert Group, dated October 28, 1997: 14) "Fences and Walls" (SR) (UNCL) . 15) "Parking Lots" (SR) (UNCL). exclusively "accessory" (SR) . 16) "Refuse Collection Area" (SR) 17) "Signs" (SR) (UNCL) . 18) "Accessory Structures" (SR), exclusively residential garages. In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 Land Use of the Elgin Municipal Code. The following enumerated "land uses" (SR) shall be the only land uses allowed as a "conditional use" (SR) in the PMFR District. Residence Division 1) "Conditional Residential Occupations" (SR)(UNCL). Transportation, Communication, and Utilities Division 2) "Other Radio and Television Antennas" (SR)(UNCL). 3) "Other Satellite Dish Antennas" (SR)(UNCL). 4) "Treatment, Transmission, and Distribution Facilities: Equipment, Equipment Buildings, Towers, Exchanges, Substations, Regulators" (SR)(UNCL). G. SITE DESIGN 411 JULY 28, 1999 VOLUME LXIV In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code. In the PMFR District, the lot area, lot width, building street setbacks, vehicle use area street setbacks, residential floor area, building coverage, accessory building coverage, and vehicle use area shall be in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3, 1999. The revised Fieldstone Development Plan, prepared by the Lannert Group, dated October 28, 1997, shall govern over any other conflicting regulation within this ordinance. H. OFF STREET PARKING In the PMFR District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code. In the PMFR District, the. location and design of the off street parking areas shall be in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3, 1999. The Fieldstone Development Plan, prepared by the Lannert Group, and dated October 28, 1997, shall govern over any other conflicting regulation within this ordinance. I. OFF STREET LOADING In the PMFR District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code. In the PMFR District, off street loading facilities shall be located in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3, 1999. The Fieldstone Development Plan, prepared by the Lannert Group, and dated October 28, 1997, shall govern over any other conflicting regulation within this ordinance. J. SIGNS In the PMFR District, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code. In the PMFR District, the signs shall be located and designed in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3, 1999. The Fieldstone Development Plan, prepared by the Lannert Group, and dated October 28, 1997, shall govern over any other conflicting regulation within this ordinance. K. AMENDMENTS TO THE PLANNED DEVELOPMENT In the PMFR District, amendments to the text and map of the PMFR District, shall be subject to the provisions of VOLUME LX1V JULY 28, 1999 412 f Chapter 19.60, Planned Developments, of the Elgin Municipal Code. L. APPEALS Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 Appeals, of the Elgin Municipal Code. Section 4. That the PMFR District shall be subject to the following conditions: 1. Substantial conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3, 1999. 2. Substantial conformance with the revised Fieldstone Development Plans, prepared by the Lannert Group, dated October 28, 1997. 3. Substantial conformance with the Petitioner's Statement for Fieldstone prepared by U.S. Shelter Group, incorporated, dated March 12, 1997. 4. The exterior of the buildings shall consist of building materials such as vinyl, brick, wood and cedar. 5. Compliance with all other applicable codes and ordinances." Section S. That Ordinance No. G55-97 entitled "An Ordinance Classifying Property Located at 1495 East Chicago Street in the PMFR Planned Multiple Family Residence District and CF Community Facility District (Fieldstone Planned Development)" passed on November 5, 1997, be and is hereby repealed. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor 41.3 DULY 28, 1999 VOLUME LXIV Presented: July 28, 1999 Passed: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Recorded: July 29, 1999 Published: Attest: _s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-1.96 ADOPTED APPROVING A FINAL PLAT OF SUBDIVISION FOR UNIT 2 OF A TOWNHOME DEVELOPMENT. KNOWN AS FIELDSTONE; PROPERTY LOCATED AT 1495 EAST_CHICAGO STREET (PETITION 31-99) Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-196 RESOLUTION APPROVING FINAL PLAT FOR FIELDSTONE UNIT NO. 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by James L. Morrison dated April 15, 1999 for Fieldstone Unit No. 2. s Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-1.97 ADOPTED ACCEPTING THE PROPOSAL OF ILLINOIS ROOF CONSULTING ASSOC., INC. FOR DESIGN AND CONSTRUCTION INSPECTION SERVICES FOR ROOFING AND ROOF REPAIRS Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: VOLUME LXIV JULY 28, 1999 414 Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-197 RESOLUTION ACCEPTING THE PROPOSAL OF ILLINOIS ROOF CONSULTING ASSOC., INC. FOR DESIGN AND CONSTRUCTION INSPECTION SERVICES FOR ROOFING AND ROOF REPAIRS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Illinois Roof Consulting Assoc., Inc. for design and construction inspection services for roofing and roof repairs at the Slade Avenue Water Plant, Fire Station No. 1 and Lords Park Maintenance Building, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock _ Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-198 ADOPTED ACCEPTING THE PROPOSAL OF ILLINOIS ROOF CONSULTING ASSOC. INC FOR ROOF EVALUATIONS AND REPORTS Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-198 RESOLUTION ACCEPTING THE PROPOSAL OF ILLINOIS ROOF CONSULTING ASSOC., INC. FOR ROOF EVALUATIONS AND REPORTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Illinois Roof Consulting Assoc., Inc. for roof evaluations and reports for Old Main, the Fire Museum, Hemmens 415 JULY 28, 1999 VOLUME LXIV Auditorium and Lord's Park Pavilion, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 2.8, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-199 ADOPTED AUTHORIZING EXECUTION OF A AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF RESOURCES FOR THE TYLER CREEK RESTORATION ---EAGLE HEI, PHASE II Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-199 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF NATURAL RESOURCES FOR THE TYLER CREEK RESTORATION --EAGLE HEIGHTS PARK PHASE II BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Grant Agreement on behalf of the City of Elgin with the State of Illinois, Department of Natural Resources for the Tyler Creek Restoration --Eagle Heights Park Phase II project, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999. Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXIV JULY 28, 1999 415 RESOLUTION 99--200 ADOPTED AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH LEROY A. FITZSIMMONS FOR THE DUNDEE/SUMMIT_TIFDISTRICT Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-200 RESOLUTION AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH LEROY A. FITZSIMMONS FOR THE DUNDEE/SUMMIT TIF DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Redevelopment Agreement on behalf of the City of Elgin with. Leroy A. Fitzsimmons for the development of the Dundee/Summit Tax Incremental Financing District as a professional office complex, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-201 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROBERT H. ANDERSON AND ASSOCIATES INC FOR THE WING AND STATE STREET INTERSECTION IMPROVEMENTS Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. 417 JULY 28, 1999 VOLUME LXIV Resolution No. 99-201 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RO.BERT H. ANDERSON AND ASSOCIATES, INC. FOR THE WING AND STATE STREET INTERSECTION IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Robert H. Anderson and Associates, Inc. for preliminary engineering services for the Wing Street and State Street intersection improvements, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-202 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT.WITH THE ELGIN FEST COMMITTEE, INC. Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-202 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE ELGIN FEST COMMITTEE, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Cost Sharing Agreement on behalf of the City of Elgin with the Elgin Pest Committee, Inc. for a festival to be held on VOLUME LXIV JULY 28, 1999 418 August 27 through 29, 1999, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-203 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schack. Nays: None. Resolution No. 99-203 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Anne E. Lapinski be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 2002. BE IT FURTHER RESOLVED that Stephen O. Hart be and is hereby appointed as -a member of the Elgin Heritage Commission to fulfill the unexpired term of Caroline Burchfield, for a term to expire May 1, 2000. BE IT FURTHER RESOLVED that Burton Friedman be and is hereby appointed as a member of the. Hemmens Advisory Board to fulfill the unexpired term of Paul Patterson, for a term to expire May 1, 2000. BE IT FURTHER RESOLVED that Douglas Scheflow be and is hereby retained as a member of the Parks and Recreation notwithstanding such member's previous failure to meet minimum attendance requirements. BE IT FURTHER RESOLVED that M. Genevieve Dolan be and is hereby appointed as a member of the Parks and Recreation Board to fulfill the unexpired term of Marti Moorman, for a term to expire May 1, 2000. 419 JULY 28, 1999 VOLUME LXIV BE IT FURTHER RESOLVED that Tom Krebsbach be and is hereby appointed as a member of the Zoning and Subdivision Hearing Board to fulfill the unexpired term of Reggie Stephens Cox, for a term to expire July 1, 2001. sl Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-204 ADOPTED APPROVING CHANGE ORDER NO. 1. IN THE CONTRACT WITH 1ARTAM CONSTRUCTION INC. FOR THE SOUTH MCLEAN LIME RESIDUE DISPOSAL FACILITIES EXPANSION PROJECT Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schack. Nays: None. Resolution No. 99-204 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE SOUTH MCLEAN LIME RESIDUE DISPOSAL FACILITIES EXPANSION PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Martam Construction, Inc. for the South McLean Lime Residue Disposal Facilities Expansion Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor VOLUME LXIV JULY 28, 1999 420 Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-205 ADOPTED APPROVING CHANGE ORDER N0..1 IN THE CONTRACT WITH PLOTS INC. ALLIED ASPHALT PAVING CO. FOR THE WEST RIVER ROAD/DAVIS ROAD RECONSTRUCTION PROJECT Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-205 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH PLOTE, INC./ALLIED ASPHALT PAVING CO. FOR THE WEST RIVER ROAD/DAVIS ROAD RECONSTRUCTION PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Plote, Inc./Allied Asphalt Paving Co. for the West River Road/Davis Road reconstruction project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 421 JULY 28, 1999 VOLUME LXIV RESOLUTION 99-206 ADOPTED AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT 116 AND 118 WEST CHICAGO STREET AND 1 NORTH STATE STREET) Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-206 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (116 and 118 West Chicago Street and 1 North State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna. Mecum, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the city of Elgin with Scott Eaton for the property commonly known as 116 and 118 West Chicago Street and 1 North State Street, a copy of which is attached hereto and made apart hereof by reference. s Ed Schack Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-207 ADOPTED RATIFYING AND AUTHORIZING EXECUTION OF A GANG RESISTANCE EDUCATION AND TRAINING FUNDING APPLICATION Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution.. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-207 RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF A GANG RESISTANCE EDUCATION AND TRAINING FUNDING APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the Gang Resistance Education and Training Funding Application to the VOLUME LXIV JULY 28, 1999 422 f Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, executed by William D. Miller on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schack, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/.Dolonna Mecum__ Dolonna Mecum, City Clerk RESOLUTION 99-214 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT TO AN AGREEMENT WITH TANK INDUSTRY CONSULTANTS, INC. FOR REPAIRS TO THE 1.0 MILLION GALLON RESERVOIR AT THE RIVERSIDE WATER. TREATMENT PLANT Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution No. 99-214 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH TANK INDUSTRY CONSULTANTS, INC. FOR REPAIRS TO THE 1.0 MILLION GALLON RESERVOIR AT THE RIVERSIDE WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Amendment No. 1 to an Agreement on behalf of the City of Elgin with Tank Industry Consultants, Inc. for repairs to the 1.0 million gallon reservoir at the Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schack, Mayor 423 JULY 28, 1999 VOLUME LXIV Presented: July 28, 1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk _ RESOLUTION 99-215 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH PRELOAD,INC. FOR THE 5 MILLION GALLON RESERVOIR PROJECT AT THE RIVERSIDE WATER TREATMENT PLANT Councilman. Figueroa made a motion, seconded by Councilwoman Munson., to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Resolution. No. 99 -215 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH PRELOAD, INC. FOR THE 5 MILLION GALLON RESERVOIR. PROJECT AT THE RIVERSIDE WATER TREATMENT PLANT WHEREAS, the City of Elgin has heretofore entered into a contract with Preload, Inc. for the 5 million gallon reservoir project at the Riverside Water Treatment Plant; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made. a part hereof by reference. s Ed Schock Ed Schock, Mayor Presented: July 28, .1999 Adopted: July 28, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXIV JULY 28, 1999 424 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilwoman Munson made a motion, seconded by Councilman Walters, to place the following reports and minutes on file. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. Bluff City Cemetery 1999 Second Quarter Report Heritage Commission Design Review Subcommittee Minutes for June 8 and 22, 1999 Hemmens Advisory Board Minutes for June 10, 1999 Liquor Control Commission Minutes for June 2, 1999 Planning and Development Commission Minutes for June 21, 1999 Zoning and Subdivision Hearing Board Minutes for June 2, 1999 Committee of the Whole Minutes for June 23, 1999 City Council Minutes for June 23, 1999 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilman Walters made a motion, seconded by Councilman Figueroa, to adjourn the meeting. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: None. The meeting adjourned at 7:23 p.m. August 11 1999 Dolonna Mecum, City Clerk Date Approved