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HomeMy WebLinkAboutb - January 2519 VOLUME LXXI JANUARY 25, 2006 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 January 25, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by City Manager Olufemi Folarin. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE JANUARY 11, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the January 11, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Ms. Norma Miess, Executive Director of the Downtown Neighborhood Association, announced the winners of the 2005 Window Wonderland decorating competition held in December 2005. Awards were presented to the following: Elgin Recreation Center won first place and Boys and Girls Club of Elgin received second place for the Children’s category. Senior Services won first place and Elgin Junior Woman’s Club received second place in the Open category. In the Business and Organizations category, Carswell Flooring won first place and Razor’s Edge received second place. Mayor Schock thanked DNA and everyone who participated in the window decorating event. BID 05-100 AWARDED TO CONCRETE COATINGS FOR PROTECTIVE FLOOR COATING INSTALLATION AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Concrete Coatings for installation of protective floor coating at the Riverside Water Treatment Plant in the amount of $21,022 for work to be done inside the plant, and other work identified outside the plant based on unit pricing (to be completed as weather allows) not to JANUARY 25, 2006 VOLUME LXXI 20 exceed $8,500 for a total price not to exceed $29,522. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 05-105 AWARDED TO LIFE FITNESS FOR THE PURCHASE OF 25 NEW LEMOND BICYCLES FOR THE CENTRE Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to award a contract to Life Fitness for the purchase of 25 new Lemond bicycles for The Centre for a total cost of $24,462. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, PAB PLANNED AREA BUSINESS DISTRICT ZONING, AND PRELIMINARY AND FINAL PLAT APPROVAL FOR A COMMERCIAL PLANNED DEVELOPMENT TO BE KNOWN AS SAMS ELGIN SUBDIVISION; PROPERTY LOCATED AT 1000 SOUTH RANDALL ROAD, BY ATWELL-HICKS, L.L.C., AS APPLICANT, AND BOWES ROAD, L.L.C., AS OWNER (PETITION 59-05) Mayor Schock declared the public hearing open. Assistant Community Development Director Pruss stated that a planned development to be known as Sams Elgin Subdivision is proposed at the southwest intersection of Randall Road and Bowes Road. It includes 11 lots which will be developed with retail and commercial uses. The development also includes significant upgrades to the Bowes Road/Randall Road intersection. The Planning and Development Commission recommended approval. Representatives on behalf of Wal-Mart described the location of the buildings on the site and the components of the proposed Super Center. The anchor tenants in the subdivision will be Sam’s Club/Sam’s Gas Station Convenience Store and a Super Wal-Mart. The new Wal-Mart, which will replace the existing store at Randall and Royal, will include a full grocery section. They described the extensive intersection improvements at Randall and Bowes required by Kane County, estimated to cost approximately $4.5 million, to be constructed by the developer. They have met with the residents of the neighboring Columbine Subdivision regarding their concerns. The developer has agreed to construct an extensive berm with landscaping, and they have the addressed the issue regarding pedestrian access. Discussion was held regarding anticipated uses of the outlots at the proposed developed and what business may go in the current Wal-Mart store at Randall and Royal, which the new Super Center will replace. Councilmember Sandor stated that he believes Elgin has enough discount retail and needs the sort of high-end shopping available north and south on Randall in Algonquin and Geneva. He also questioned whether the sales tax revenue received from the new development would be VOLUME LXXI JANUARY 25, 2006 21 substantially more than what is generated by the current Wal-Mart Store. He stated that he believes Elgin deserves better, and this is one of the last remaining large parcels on Randall Road in Elgin. Councilmember Figueroa asked the applicant to describe the benefit to Elgin of the new Wal- Mart and was told that the sales tax revenue will increase substantially, they are planning to add merchandise to address Elgin customers, and it is anticipated that approximately 400 new jobs will be created between the larger Wal-Mart and the addition of Sam’s Club. Councilmember Kaptain expressed concern about the impact the new stores would have on other city retailers, including the Meijer store located nearby. He doesn’t think he can support this petition. Wal-Mart representatives responded that many retailers prefer being located around Wal-Mart and Meijer because they attract a large number of customers. At Councilmember Rodgers’ prompting, the Wal-Mart representative stated that many Elgin residents shop at Sam’s Club in other communities, which means that Elgin is losing that sales tax revenue. Councilmember Walters asked whether the Council is the “Meijer’s protection club,” and he questioned whether a high-end retainer such as Nordstrom’s would locate on this site. Mayor Schock stated that he did not understand councilmembers’ criticism of the proposed Wal- Mart development in that they are exceeding standards. Elgin is a diverse community, and everyone needs a place to shop. One of the Council’s highest priorities is increasing the City’s sales tax, and it is projected that business will triple at this development. The County is requiring excessive road improvements for this development, and this is probably the only company that can afford to spend $4.5 million for road improvements. Mathew Moody, attorney for the Willow Bay Condo Association, which is located at the southwest corner of Bowes and Randall, stated that residents are concerned about Kane County’s requirement that will put Randall Road six feet closer to the condominium buildings. The association recently incurred damage when a vehicle from Randall Road came through the fence and struck one of the buildings. A resident of the Willow Bay Townhomes also expressed concern about their safety regarding the proximity of Randall Road to their homes because children play in the yards all year round, and they have already experienced the incident of a vehicle from Randall Road going through their subdivision fence. Mayor Schock responded that he had brought their concerns to Kane County; however, they remain firm in their requirements regarding widening Randall Road. A Wal-Mart representative stated that they will install a guardrail, which they believe is the best deterrent to avoid a similar incident. Don Rage complimented Elgin regarding the proposal to bring a Super Wal-Mart and Sam’s Club to Elgin. The average daily traffic on Randall Road is very heavy. As a former member of the Kane County Board, he knows the County doesn’t have funds for the $4.5 million road upgrade and improvements at the subject intersection. No one else chose to speak, and Mayor Schock declared the public hearing closed. JANUARY 25, 2006 VOLUME LXXI 22 PETITION 59-05 TABLED REQUESTING ANNEXATION, PAB PLANNED AREA BUSINESS DISTRICT ZONING, AND PRELIMINARY PLAT AND FINAL PLAT APPROVAL FOR A COMMERCIAL PLANNED DEVELOPMENT TO BE KNOWN AS SAMS ELGIN SUBDIVISION; PROPERTY LOCATED AT 1000 SOUTH RANDALL ROAD, BY ATWELL-HICKS, L.L.C., AS APPLICANT, AND BOWES ROAD, L.L.C., AS OWNER Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to table Petition 59-05 until the February 22, 2006, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING CONTINUED REGARDING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT AND A ZONING RECLASSIFICATION FROM PORI PLANNED OFFICE, RESEARCH, INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT; PROPERTY LOCATED AT 2000 NORTH RANDALL ROAD (PETITION 70-05) Mayor Schock declared the public hearing open. Assistant Community Development Director Pruss stated that the applicant is requesting a continuance of the public hearing to the March 22, 2006, City Council meeting. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to continue the public hearing for Petition 70-05 until the March 22, 2006, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR A RESIDENTIAL/COMMERCIAL PLANNED DEVELOPMENT TO BE KNOWN AS TRINITY CHASE SUBDIVISION; PROPERTY LOCATED AT 3150 US ROUTE 20; BY GRAND POINTE HOMES, AS APPLICANT, AND CHICAGO TITLE LAND TRUST COMPANY, TRUST NUMBER 1096518, AS OWNER (PETITION 06-05) Mayor Schock declared the public hearing open. Assistant Community Development Director Pruss stated the applicant is requesting approval for a residential/commercial planned development located on a 112-acre parcel on the north side of Route 20 at the intersection with Nesler Road. The subdivision will be known as Trinity Chase and will feature nine acres of land zoned for commercial development along US Route 20, 146 detached single family home sites, and 68 attached single family townhome units on 47 net residential acres and 37 acres of open space. Rick Zirk, on behalf of Grand Point Homes, described the site which Sandy Creek runs through, and some of the features of the proposed development including the manor homes which were VOLUME LXXI JANUARY 25, 2006 23 specifically designed to get away from front-loaded garages. He stated that there is desire for commercial development on this corridor. No departures from the Far West Area design guidelines are being requested. The average sales price is expected to be $400,000. Mr. Zirk said that the biggest issue is with reference to improvements and signalization of the US Route 20/Nesler Road intersection, which they are still trying to work out with the Illinois Department of Transportation. Councilmember Sandor stated that he is pleased about the fact that a commercial component is included, and he will vote in favor of this petition. Councilmember Kaptain stated that he believes it is important that something be put in place providing for monitoring and maintenance of the wetlands open space area. No one else chose to speak, and Mayor Schock declared the public hearing closed. PETITION 06-05 APPROVED REQUESTING ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL/COMMERCIAL PLANNED DEVELOPMENT TO BE KNOWN AS TRINITY CHASE SUBDIVISION; PROPERTY LOCATED AT 3150 US ROUTE 20; BY GRAND POINTE HOMES, AS APPLICANT, AND CHICAGO TITLE LAND TRUST COMPANY, TRUST NUMBER 1096518, AS OWNER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 06-05 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 37-05 DENIED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT A BANK WITH A DRIVE THROUGH FACILITY IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR DISTRICT; PROPERTY LOCATED AT 1310 LARKIN AVENUE BY GEA ARCHITECTS, AS APPLICANT, AND GUS PETROKOPOLOUS, AS OWNER Assistant Community Development Director Pruss stated that applicant is requesting a planned development to permit construction of a one-story bank building to be used as a bank with a drive through at the northeast corner of Larkin Avenue and McLean Boulevard. The Planning and Subdivision Hearing Board recommended denial. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 37-05 subject to conditions. Upon a roll call vote: Yeas: None. Nays: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. JANUARY 25, 2006 VOLUME LXXI 24 PETITION 71-05 TABLED REQUESTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT, SFR1 SINGLE FAMILY RESIDENCE DISTRICT AND RC2 RESIDENCE CONSERVATION DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND PCF PLANNED COMMUNITY FACILITY DISTRICT ZONING, TO PERMIT THE CONSTRUCTION OF A NEW BUILDING FOR A SENIOR INDEPENDENT LIVING FACILITY IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 508 NORTH MCLEAN BOULEVARD AND 1465 EAGLE ROAD BY SENIOR LIFESTYLE CORPORATION, AS APPLICANT, AND SCHOCKS, INC., AS OWNER Assistant Community Director Pruss stated that the petitioner is proposing to construct two buildings for independent senior living, one of which will have rental units and the other one will be owner occupied. The rental units would be restricted to seniors age 62 and older and will include 10,000 square feet of community space in addition to the apartments. The condominium building would be age restricted to those people age 55 and older. Peter Bazos, attorney for the applicant, stated that the applicant has agreed to increase the amount of masonry on each building elevation from 25% to approximately 75%, and has surpassed the requirements for normal infill development. Mr. Bazos stated they believed that a fiscal impact study was not required for infill projects. If required to do so, they will do it but hope it won’t be required for this project or any future infill projects which obviously will have a positive fiscal impact, because there will be no school children, property taxes will increase, and the development will inhabited by mature shoppers, which will produce additional sales tax revenue. Councilmember Sandor stated that every project that has come before the Council since they began requiring a fiscal impact study has had a fiscal impact study. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to table Petition 71-05 subject to the receipt of a fiscal impact study. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, and Sandor. Nays: Councilmember Walters and Mayor Schock. ORDINANCE T1-06 PASSED ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS IN EXISTING RESIDENTIAL AND COMMERCIAL STRUCTURES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JANUARY 25, 2006 25 Ordinance No. T1-06 AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS IN EXISTING RESIDENTIAL AND COMMERCIAL STRUCTURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, the City of Elgin has recently experienced an unprecedented interest in converting existing residential, rental residential and nonresidential structures to residential condominiums (collectively referred to as “residential condominium conversions”); and WHEREAS, the City Council of the City of Elgin has determined that sufficient time must be afforded to enable the city staff to conduct research and consider appropriate regulations, amendments and/or clarifications to protect the public health, safety, welfare and economic prosperity of the City of Elgin in order to present comprehensive plans and official controls regulating residential condominium conversions to the City Council for consideration; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin that a moratorium on the issuance of building, development or zoning permits for a condominium conversion be imposed for a period of ninety (90) days in order to afford the city staff with sufficient time to conduct research and consider appropriate regulations regulating residential condominium conversions in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. The City Council of the City of Elgin hereby declares a moratorium on the issuance of any building, development or zoning permits for condominium conversions for the purpose of converting any existing residential, rental residential or nonresidential structures to a residential condominium in order to afford the City of Elgin sufficient the time to conduct research and consider appropriate regulations, amendments and/or clarifications to protect the public health, safety, welfare and economic prosperity of the city by implementing comprehensive plans and official controls regulating residential condominium conversions in the City of Elgin. JANUARY 25, 2006 VOLUME LXXI 26 Section 3. While this ordinance remains in effect, no building, development, zoning or other permit, or other applicable entitlement, which entails in whole or in part the conversion of any existing residential or nonresidential structures to residential condominiums within the City of Elgin shall be issued. Section 4. While this ordinance remains in effect, no person, firm, partnership, association, corporation, company or organization of any kind shall convert, in whole or in part, or attempt to convert, in whole or in part, any existing residential or nonresidential structures to residential condominium. Section 5. During the moratorium, a study is hereby authorized and directed so that the City of Elgin can adopt comprehensive plans and official controls regulating residential condominium conversions in the City of Elgin. Section 6. Unless earlier terminated or extended by action of the City Council of the City of Elgin, this ordinance shall be effective for ninety (90) days from its effective date. Section 7. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. Section 8. That this ordinance shall be in full force and effect immediately upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: January 25, 2006 Passed: January 25, 2006 Vote: Yeas: 7 Nays: 0 Recorded: January 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI JANUARY 25, 2006 27 RESOLUTION 06-17 ADOPTED ACCEPTING AND AUTHORIZING EXECUTION OF THE 2006 MOTOR FUEL TAX MUNICIPAL ESTIMATE OF MAINTENANCE COSTS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-17 RESOLUTION ACCEPTING AND AUTHORIZING EXECUTION OF THE 2006 MOTOR FUEL TAX MUNICIPAL ESTIMATE OF MAINTENANCE COSTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts and authorizes Olufemi Folarin, City Manager, to execute the 2006 Motor Fuel Tax Municipal Estimate of Maintenance Costs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 25, 2006 Adopted: January 25, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-16 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH 1000 CHICAGO STREET, L.L.C. (ELGIN TOYOTA) Councilmember Walters made a motion, seconded by Councilmember Sandor, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-16 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH 1000 CHICAGO STREET LLC (ELGIN TOYOTA) FOR THE DEVELOPMENT OF 970-1000 EAST CHICAGO STREET 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 Development Agreement on behalf of the City of Elgin with 1000 Chicago JANUARY 25, 2006 VOLUME LXXI 28 Street, L.L.C. (Elgin Toyota) for the development of an automobile dealership at the property located at 970-1000 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 25, 2006 Adopted: January 25, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G3-06 PASSED RECLASSIFYING TERRITORY FROM AB AREA BUSINESS DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (1175 MCLEAN BOULEVARD AND 1475 TODD FARM DRIVE - THE WOODS AT ELGIN) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Sandor. Ordinance No. G3-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM AB AREA BUSINESS DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (1175 McLean Boulevard and 1475 Todd Farm Drive – The Woods at Elgin) WHEREAS, the territory herein described is located within the City of Elgin and zoned in the AB Area Business Zoning District; and WHEREAS, written application has been made to reclassify a portion of said territory from the AB Area Business District to the PMFR Planned Multiple Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and VOLUME LXXI JANUARY 25, 2006 29 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 6, 2005, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby further amended by including in the PMFR Planned Multiple Family Residence District, the following described property: Lot 2 of Tyler Creek Plaza III Subdivision in the City of Elgin, according to the Plat thereof recorded on November 21, 1994 as Document Number 94k085450, in Kane County, Illinois; except the following described parcel: Commencing at the Northeast corner of said lot 2; thence North 89 degrees 54 minutes 12 seconds West, along the Northerly line of said lot, a distance of 431.81 feet; thence South 00 degrees 53 minutes 50 seconds East, along the Westerly line of said lot, a distance of 88.00 feet to the Point of Beginning; thence South 44 degrees 54 minutes 12 seconds East, a distance of 84.85 feet to a point on a line 370.29 feet Westerly of and parallel with the Easterly line of said lot; thence South 00 degrees 05 minutes 48 seconds West, along said parallel line, a distance of 342.85 feet to the Northeast corner of lot 1 of said Subdivision; thence South 89 degrees 59 minutes 26 seconds West, along said North line, a distance of 208.00 feet to the Northwest corner of said lot 1 and a point on the Easterly right of way line of McLean Boulevard and the Westerly line of said lot 2; thence North 00 degree 53 minutes 50 seconds West, along said West line of said lot 2, a distance of 403.29 feet; thence South 89 degrees 54 minutes 12 seconds East, a distance of 155.00 feet to the Point of Beginning. (Property commonly known as 1475 Todd Farm Drive, containing 6.3 acres) Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PMFR Planned Multiple Family District in accordance with the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to JANUARY 25, 2006 VOLUME LXXI 30 provide a planned environment for a townhome community, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. 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, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR 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, 1976, as amended. D. Zoning Districts - Generally. In this PMFR 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, 1976, as amended. E. Land Use. In this PMFR 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, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PMFR zoning district: Permitted uses. The following enumerated land uses shall be the only land uses allowed as permitted uses in this PMFR zoning district: Residence Division. 1. “Attached Single Family dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). 6. “Residential storage” [SR] (UNCL). 7. “Residential storage of trucks or buses” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 8. “Development sales office” [SR] (UNCL). Services Division. 9. “Family residential care facility” [SR] (8361). 10. “Home child day care services” [SR] (8351). Construction Division. 11. “Contractors office and equipment areas” [SR] (UNCL). VOLUME LXXI JANUARY 25, 2006 31 Transportation, Communication, and Utilities Division. 12. “Amateur radio antennas” [SR] (UNCL). 13. “Radio and television antennas” [SR] (UNCL). 14. “Satellite dish antennas” [SR] (UNCL). 15. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 16. “Fences and walls” [SR] (UNCL). 17. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 18. “Temporary uses” [SR] (UNCL). 19. “Accessory uses” [SR] (UNCL), to the permitted uses allowed in this PMFR zoning district, subject to the provisions of Section 19.10.100, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as conditional uses in this PMFR zoning district: Services Division. 1. “Residential care facility” [SR] (8361). Miscellaneous Uses Division. 20. “Accessory uses” [SR] (UNCL), to the conditional uses allowed in this PMFR zoning district, subject to the provisions of Section 19.10.100, Component Land Uses. F. Site Design. In this PMFR zoning district, except as otherwise provided for herein, the use and development of land and structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PMFR zoning district, the use and development of land and structures shall be also subject to and in substantial conformance with the following documents: 1. Substantial conformance to the Statement of Purpose submitted by The Circle Land Company dated March 18, 2005, revised November 1, 2005. 2. Substantial conformance to the Tyler Creek P.U.D. Preliminary Engineering Plan, prepared by Haeger Engineering, pages 1 through 5, dated March 18, 2005, consisting of a Preliminary Plat, Site Plan, and Preliminary Engineering Plan. Revisions thereto shall be provided a required by the Engineering Division, the Fire Marshall, and the Community Development Group. 3. All dwelling units on the subject property shall be designed, constructed and maintained in substantial conformance with the building elevations JANUARY 25, 2006 VOLUME LXXI 32 submitted by The Circle Lane Company, dated March 17, 2005, and revised November 1, 2005. In addition thereto, all dwelling units on the subject property shall be designed, constructed and maintained so as to provide for not less than 40% of brick as the materials for the exterior elevations. 4. Landscaping shall be installed in substantial conformance with the Landscape Plan prepared by Pugsley & Lahaie, Ltd., dated March 18, 2005 and revised July 15, 2005. 5. All dwelling units within the subdivision shall be owner occupied and the “Declaration of Easements, Restrictions and Covenants for the Woods at Elgin” shall be amended to restrict occupancy of the units to owners of record. 6. Compliance with all other applicable codes and ordinances. G. Off-street Parking. In this PMFR zoning district, the location and design of driveways shall be in substantial conformance with Tyler Creek P.U.D. Preliminary Engineering Plan, prepared by Haeger Engineering, pages 1 through 5, dated March 18, 2005. H. Off-street Loading. In this PMFR zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. I. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. J. Planned Developments. In this PMFR zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. K. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. L. Variations. In this PMFR zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. Appeals. Any requirement, determination, or interpretation associated with the VOLUME LXXI JANUARY 25, 2006 33 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, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: January 25, 2006 Passed: January 25, 2006 Vote: Yeas: 7 Nays: 0 Recorded: January 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Champion Frame Align Elgin, IL $11,081.72 Parts and labor for service on fire engine Badger Meter Milwaukee, WI $121,272.00 Water meters throughout the City. CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt Resolution Nos. 06-11 through 06-15 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JANUARY 25, 2006 VOLUME LXXI 34 RESOLUTION 06-11 ADOPTED APPOINTING MEMBER TO THE RIVERFRONT/ CENTER CITY PROJECT ADVISORY COMMITTEE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-11 RESOLUTION APPOINTING MEMBER TO THE RIVERFRONT/CENTER CITY PROJECT ADVISORY COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Representative Ruth Munson (state legislator) be and is hereby appointed as a member of the Riverfront/Center City Project Advisory Committee, for a term to expire December 31, 2006. s/ Ed Schock Ed Schock, Mayor Presented: January 25, 2006 Adopted: January 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-12 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (METRA) FOR VIDEO SURVEILLANCE AT THE NATIONAL STREET METRA STATION Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JANUARY 25, 2006 35 Resolution No. 06-12 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (METRA) FOR VIDEO SURVEILLANCE AT THE NATIONAL STREET METRA STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, 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 Commuter Rail Division of the Regional Transportation Authority for video surveillance at the National Street Metra Depot, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 25, 2006 Adopted: January 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-13 ADOPTED ADOPTING THE PLAN DOCUMENT OF THE NATIONWIDE RETIREMENT SOLUTIONS, INC. DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-13 RESOLUTION ADOPTING THE PLAN DOCUMENT OF NATIONWIDE RETIREMENT SOLUTIONS, INC. DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Amended and Restated 457(b) Governmental Plan Document of Nationwide Retirement JANUARY 25, 2006 VOLUME LXXI 36 Solutions Inc. Deferred Compensation Plan for Public Employees, effective January 1, 2006, is hereby adopted and approved by the City Council of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: January 25, 2006 Adopted: January 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-14 ADOPTED APPROVING FINAL PLAT FOR BOWES CREEK COUNTRY CLUB SUBDIVISION-PHASE 1 (3355 BOWES ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-14 RESOLUTION APPROVING FINAL PLAT FOR BOWES CREEK COUNTRY CLUB SUBDIVISION - PHASE 1 (3555 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cowhey Gudmundson Leder, Ltd. dated March 4, 2005 and last revised December 12, 2005 for Bowes Creek Country Club Subdivision – Phase 1. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI JANUARY 25, 2006 37 Presented: January 25, 2006 Adopted: January 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-15 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MEADOW EQUIPMENT SALES AND SERVICE FOR REPAIRS TO WELL 1A AT THE AIRLITE WATER TREATMENT PLANT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-15 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MEADOW EQUIPMENT SALES AND SERVICE FOR REPAIRS TO WELL 1A AT THE AIRLITE WATER TREATMENT PLANT WHEREAS, the City of Elgin has heretofore entered into a contract with Meadow Equipment Sales and Service for repairs to Well 1A; 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 Olufemi Folarin, 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: January 25, 2006 Adopted: January 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JANUARY 25, 2006 VOLUME LXXI 38 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Rodgers, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Telecommunications Tax Report for September 2005 Fire Pension Fund Minutes for March 17, 2005, August 17, 2005, September 22, 2005, and October 19, 2005 Foreign Fire Insurance Tax Board Minutes for October 3, 2005 Hemmens Cultural Center Advisory Board Minutes for December 8, 2005 Heritage Design Review Subcommittee Minutes for October 10, 2005 and October 24, 2005 Human Relations Commission Minutes for August 2, 2005, September 13, 2005, October 4, 2005, and November 1, 2005 Parks and Recreation Advisory Board Minutes for October 25, 2005 Committee of the Whole Minutes for December 21, 2005 City Council Minutes for December 21, 2005 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 9:15 p.m. s/Dolonna Mecum February 8, 2006 Dolonna Mecum, City Clerk Date Approved