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HomeMy WebLinkAboutg - April 12295 VOLUME LXXI APRIL 12, 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 April 12, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:11 p.m. The Invocation was given by Pastor Henoch Fuentes Pastor of the Elgin Evangelical Covenant Hispanic Church and the Pledge of Allegiance was led by Dave Segel. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE MARCH 22, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the March 22, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. COMMUNICATIONS Presentation of a Check to the Mayor and Members of the City Council from Northwest Suburban Mass Transit District Millie Kelly stated that presenting a check in the amount of $19,073 from Northwest Suburban Mass Transit District to the City of Elgin was an especially happy moment for her. It represents a new phase of communication for the City of Elgin, particularly the Police Department. These funds will be used for surveillance cameras to be installed at both Metra stations. She introduced Bob Franz, who was on the district board for 32 years. He helped implement this project as well as former Deputy Chief Burns and Deputy Chief Duffy. Mayor Schock stated that the Northwest Suburban Mass Transit District is a board very few people know about, and Millie Kelly has been Elgin’s appointee on this board for the last several years. Mayor Schock stated that Ms. Kelly worked hard to get these funds for Elgin. He thanked her, Bob Franz and the other members of the board. APRIL 12, 2006 VOLUME LXXI 296 RECOGNIZE PERSONS PRESENT Juan Silva, Chairman of the Cinco de Mayo Parade Committee, expressed appreciation for the City’s approval to hold the first Cinco de Mayo Parade in Elgin on May 6. This is an event for everyone, and it gives people something to do and to come to downtown Elgin and see all that is happening there. Chuck Hanson, Linda Wyka, Michele Bachi, Rick Pryor, Amy Crawford, Diane Selmer, and Silvia Simmons addressed the City Council opposing the Council’s direction to staff to draft legislation banning Pit Bulls in the City of Elgin because of recent reports of injuries caused by Pit Bull attacks. Several of the speakers were members of the Almost Home Foundation, an animal rescue group in the northwest suburbs. The issues raised included the following points. It’s the owners, not the dogs, who are responsible for the dogs’ bad behavior. A number of Pit Bull owners stated that their dogs are the sweetest most loving pets they’ve ever owned, and are wonderful family pets. They gave examples of other breeds of dogs which in the past have been characterized as being most likely to attack and bite people such as the German Shepherd in the 70’s, the Doberman in the 80’s, and the Rottweiler in the 90’s. Recently, it is the Pit Bull which has received media attention regarding attacks on people and dog fighting. Statistics were cited which indicated that many other breeds of dogs are responsible for more injuries than Pit Bulls. It was stated that Chow Chows are the most likely breed to bite if provoked, and Labrador dogs have caused more injuries in the country than any other breed. A notebook with a compilation of facts concerning Pit Bulls was distributed to Councilmembers. The Illinois Dog Owners and Breeders Association is working with state and municipal legislators to prohibit breed-specific banning. A community should be safe from any type of dog attack. Several speakers suggested dealing with the problem by requiring that breeders be licensed and dogs registered and identified by microchips. They also encouraged imposing harsher penalties on irresponsible dog owners who fail to register their dogs, are cruel to dogs, and encourage them to fight and attack. Responding to the suggestions recommending registration and fines rather than banning Pit Bulls, Councilmember Rodgers stated that City staff is looking into both an ordinance requiring registration and hefty fines for owners who violate the ordinance as well as banning Pit Bulls. Councilmember Gilliam responded to the comments made by the various speakers. He stated that good points had been made, particularly regarding the responsibility of owners. He said he is rethinking the issue of banning Pit Bulls and will be talking to City staff about drafting legislation regarding registration, stiff fines for failing to register, and for animal cruelty. He thanked everyone for all the information they provided and for coming to the meeting to address this issue. Clarence Hayward addressed the Council regarding the Unilever plant, which he has heard the City is considering purchasing, tearing down the building, and making the site into a park. Mr. Hayward believes it would be better to keep a business there which could keep taxes coming in, or using it for a parking lot. VOLUME LXXI APRIL 12, 2006 297 BID 06-015 AWARDED TO VARIOUS COMPANIES FOR GOLF COURSE CHEMICALS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to award the bid for granular fertilizer, specialty chemicals and seed for the City golf courses to the low responsive bidders in accordance with agenda memorandum dated April 7, 2006: Conserv FS, Lesco Inc., Martenson Turf Products, Growing Solutions, Soil Technologies, BTSI, Prosource One, and Chicagoland Turf as needed and not to exceed the estimated $88,742.73 in total. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-023 AWARDED TO SHIMADZU SCIENTIFIC INSTRUMENTS FOR THE PURCHASE OF A TOTAL ORGANIC CARBON ANALYZER SYSTEM FOR THE RIVERSIDE WATER TREATMENT PLANT LABORATORY Councilmember Walters made a motion, seconded by Councilmember Kaptain, to purchase a Total Organic Carbon Analyzer System from Shimadzu Scientific Instruments in the amount of $27,825 for the Riverside Water Treatment Plant Laboratory. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-030 AWARDED TO ROSELYNN FASHIONS FOR CLOTHING FOR THE PARKS AND RECREATION DEPARTMENT Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to award a contract to Roselynn Fashions for clothing for the Parks and Recreation Department in an amount not to exceed $37,070. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-037 AWARDED TO ARROW ROAD CONSTRUCTION FOR THE 2006 UNIMPROVED STREET PROGRAM Councilmember Sandor made a motion, seconded by Councilmember Walters, to award Arrow Road in the amount of $239,064.97 for the 2006 Unimproved Street Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. APRIL 12, 2006 VOLUME LXXI 298 BID 06-038 AWARDED TO ARROW ROAD CONSTRUCTION FOR 2006 INTERMITTENT RESURFACING PROGRAM Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award the 2006 Intermittent Resurfacing Program to Arrow Road Construction for $842,310.81. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mayor Schock declared the public hearing open. Community Development Director Deering outlined the projects which the Council had previously chosen to fund for the 2006-2007 CDBG program year. No one else chose to speak. Mayor Schock declared the public hearing closed. RESOLUTION 06-83 ADOPTED AUTHORIZING FILING OF APPLICATION AND ONE YEAR ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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. 06-83 RESOLUTION AUTHORIZING FILING OF APPLICATION AND ONE YEAR ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the problems of slum and blight, and housing and neighborhood deterioration may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Eight Hundred Sixty-Three Thousand, Five Hundred Seventy Dollars ($863,570) for the following projects: VOLUME LXXI APRIL 12, 2006 299 1. RESIDENTIAL REHABILITATION GRANT PROGRAM CDBG funds will be used to provide grants and loans for the rehabilitation of housing owned and/or occupied by low and moderate income families. Submitting Agency: City of Elgin’s Community Development Group Location: City-wide activity Proposed Level of Funding: $570,470 2. CDBG PROGRAM ADMINISTRATION CDBG funds will be used for Program Administration costs, including program oversight, management, monitoring and coordination; the preparation and submission of reports as required by federal regulations; and public information and assistance. Submitting Agency: City of Elgin’s Community Development Group Location: 150 Dexter Ct., Elgin Proposed Level of Funding: $140,000 3. COMMUNITY CRISIS CENTER EXTERIOR IMPROVEMENT PROJECT CDBG funds will be used for exterior building and site improvements at the Community Crisis Center facility. Submitting Agency: Community Crisis Center Location: P.O. Box 1390, Elgin Proposed Level of Funding: $31,826 4. HOUSING AUTHORITY OF ELGIN FRONT ENTRY DOOR PROJECT CDBG funds will be used to restructure the main building entrance at the Housing Authority’s senior apartment building. Submitting Agency: The Housing Authority of Elgin Location: 120 S. State St., Elgin Proposed Level of Funding: $52,500 5. BETHESDA CHILD CARE SUBSIDY PROGRAM CDBG funds will be used to subsidize staff salaries associated with the operation of Bethesda’s Extended Care Program and child care costs for low and moderate income families. Submitting Agency: Bethesda Community Development Center Location: 453 Fremont St., Elgin Proposed Level of Funding: $50,000 6. ASSOCIATION FOR INDIVIDUAL DEVELOPMENT ELGIN AREA SERVICES BUILDING PROJECT CDBG funds will be used to construct outdoor improvements including a concrete patio, walkways and fencing. Submitting Agency: Association for Individual Development Location: 1111 Bowes Rd., Elgin Proposed Level of Funding: $18,774 APRIL 12, 2006 VOLUME LXXI 300 Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PETITION 03-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR PHASE THREE OF THE EDGEWATER SUBDIVISION; PROPERTY LOCATED AT 2700 BOWES ROAD, BY PULTE HOME CORPORATION, AS APPLICANT AND OWNER Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve Petition 03-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 05-06 TABLED REQUESTING A CONDITIONAL USE IN THE PCC2 PLANNED CENTER CITY DISTRICT TO PERMIT A PERSONNEL SUPPLY SERVICE; PROPERTY LOCATED AT 35 CLOCK TOWER PLAZA, UNIT #8, BY SOURCE ONE STAFFING, INC., AS APPLICANT, AND BUTERA PROPERTIES, AS OWNER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 05-06 subject to conditions. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to table Petition 05-06 until the next Council meeting on April 26, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI APRIL 12, 2006 301 PETITION 15-06 APPROVED REQUESTING A MAP AMENDMENT FROM CI COMMERCIAL INDUSTRIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A CHURCH IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 1080 EAST CHICAGO STREET BY MANIFOLD MERCIES MINISTRIES, INC., AS APPLICANT, AND JOHN SCANDORA, AS OWNER Community Development Director Deering stated that the applicant is proposing to remodel 15,000 square feet of the building’s second floor with a 300-seat sanctuary, worship and meeting rooms, kitchen, bookstore, offices and bathroom facilities. Elgin Recreation Center/God’s Gym, which currently uses the second floor, will be relocated to the first floor and keep 5,000 square feet of office space on the second floor. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 15-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE S8-06 PASSED PROVIDING FOR THE ISSUANCE OF UP TO $5,322,248.40 GENERAL OBLIGATION CORPORATE PURPOSE (CAPITAL APPRECIATION) BONDS, SERIES 2006B, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Gilliam 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. ORDINANCE S8-06 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. ORDINANCE S10-06 PASSED PROVIDING FOR THE ISSUANCE OF $8,090,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2006A, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Gilliam 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. ORDINANCE S10-06 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. APRIL 12, 2006 VOLUME LXXI 302 MOTION TO CONSIDER AGENDA ITEMS O-7 THROUGH O-9 IN ONE MOTION Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve Other Business Agenda Items 7 through 9 (Resolution Number 06-85 and Ordinance Numbers G31-06 and G32-06) in one motion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt Resolution Number 06-85 and to pass Ordinance Numbers G31-06 through G32-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Sandor. RESOLUTION 06-85 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SENIOR LIFESTYLE CORPORATION FOR 508 N. MCLEAN BOULEVARD AND 1465 EAGLE ROAD (AUTUMN GREEN) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Sandor. Resolution No. 06-85 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SENIOR LIFESTYLE CORPORATION FOR 508 N. MC LEAN BOULEVARD AND 1465 EAGLE ROAD 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 with Senior Lifestyle Corporation on behalf of the City of Elgin for 508 N. McLean Boulevard and 1465 Eagle Road in connection with the Autumn Green Senior Facility, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Vote: Yeas: 5 Nays: 2 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI APRIL 12, 2006 303 ORDINANCE G31-06 PASSED GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT, SFR1 SINGLE FAMILY RESIDENCE DISTRICT, AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (508-522 NORTH MCLEAN BOULEVARD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Sandor. Ordinance No. G31-06 AN ORDINANCE GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT, SFR1 SINGLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (508 - 522 North McLean Boulevard) WHEREAS, written application has been made requesting a map amendment from AB Area Business District to PMFR Planned Multiple Family Residence District. WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 21, 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 19.08, 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: The boundaries hereinafter 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: APRIL 12, 2006 VOLUME LXXI 304 PMFR (EAST) PARCEL: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID EAST HALF, 30 RODS, 1 FOOT 6 INCHES NORTH OF THE SOUTH LINE OF SAID QUARTER SECTION; THENCE CONTINUING NORTH ALONG SAID WEST LINE, 20 RODS, 1 FOOT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 632 FEET TO THE POINT PF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE, 672.75 FEET TO THE WEST LINE OF PUBLIC HIGHWAY; THENCE SOUTH ALONG THE WEST LINE OF SAID HIGHWAY, 20 RODS, 1 FOOT; THENCE WESTERLY AT AN ANGLE OF 91 DEGREES, 25 MINUTES 30 SECONDS TO THE LEFT FROM SAID LAST COURSE, 664.52 FEET TO A LINE DRAWN AT RIGHT ANGLES TO THE FIRST COURSE FROM THE POINT OF BEGINNING; THENCE NORTH ALONG SAID LINE, 330.92 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF MCLEAN BOULEVARD 887.5 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 10; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 150 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF MCLEAN BOULEVARD, 60 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SECTION 10, AFORESAID, 150 FEET TO THE WEST LINE OF MCLEAN BOULEVARD; THENCE NORTH ALONG SAID WEST LINE 60 FEET TO THE POINT OF BEGINNING, CONTAINING 5.29 ACRES OF LAND, MORE OR LESS, IN THE CITY OF ELGIN, Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB Area Business District to PMFR Planned Multiple Family Residence District and ARC Arterial Road Corridor Overlay District for the property commonly known as 508 - 522 North McLean Boulevard, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose 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. A PMFR zoning district is most similar to, but departs from the standard requirements of the MFR zoning 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 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. VOLUME LXXI APRIL 12, 2006 305 C. General Provisions. In this 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, as may be amended from time to time. D. Zoning Districts Generally. In this 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, as may be amended from time to time. E. Location and Size of Districts. Planned residential districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned residential district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of a planned residential district shall be granted by the City Council. F. Land Use. In this PMFR District, the only land use allowed shall be a senior living facility (including such optional ancillary services as the provision of meals, housekeeping services, on- site activities (such as computers, arts & crafts, cards and games, etc.) and fitness facilities), developed and operated in substantial conformance to the following: 1. Statement of Purpose and Conformance, submitted with the development application and cover letter by Jerrold H. Frumm, Executive Vice President, Senior Lifestyle Corporation; dated September 7, 2005. In the event of any conflict between such documents and the provisions of this ordinance, the provisions of this ordinance shall control. 2. All residents in the 136 unit building, referenced in the development application as “The Residence of Autumn Green”, to be constructed on the subject property (the "Subject Age 62 Building") must be age 62 or older and no person under 62 years of age shall occupy or reside within a residential unit in the Subject Age 62 Building. 3. The rent or other costs imposed as a condition of residency in the Subject Age 62 Building (whether those residents be tenants or owners) shall not be subsidized by any governmental or quasi-governmental or charitable entity. 4. Except as provided in the following Section 3F5, each occupied condominium in the 24 unit condominium building, referenced in the development application as "The Condominiums of Autumn Green", to be constructed on the subject property (the "Subject Age Restricted Condominiums") shall at all times have as a permanent occupant as least one person who is 55 years of age or older. For the purposes of this ordinance, an occupant shall not be considered a "permanent occupant" in the Subject Age Restricted Condominiums unless such occupant considers the condominium unit to be his or her legal residence and actually resides in the condominium unit for at least six (6) months during every calendar year or such shorter period as the condominium unit is actually occupied by any person. No condominium unit in the Subject Age Restricted Condominiums shall be occupied by any person under the age of 22. For the purposes of this ordinance, a condominium unit in the Subject Age Restricted Condominiums shall be deemed to be "occupied" by any person who stays overnight in the condominium unit more than ninety (90) days in any twelve (12) month period. APRIL 12, 2006 VOLUME LXXI 306 5. Each occupied condominium unit in the Subject Age Restricted Condominiums shall at all times have as a permanent occupant at least one person who is 55 years of age or older (the "Qualifying Occupant"), except that in the event of the death of a person who was the sole Qualifying Occupant of a condominium unit, persons age 22 or older who were occupying the condominium unit with such Qualifying Occupant at the time of the death or relocation to a long-term health care facility for medical reasons of the Qualifying Occupant may continue to occupy the condominium unit provided that the provisions of the United States and State of Illinois Fair Housing Acts and the terms and conditions of this Agreement are not otherwise violated by such occupancy. Notwithstanding the foregoing, at all times, at least eighty percent (80%) of the condominium units in the Subject Age Restricted Condominiums shall at all times have as a permanent occupant at least one person who is 55 years of age or older. . G. Site Design. In this PMFR District, the site design regulations shall be as required in the MFR Multiple Family Residence District, pursuant to Chapter 19.25.735 Site Design, of the Elgin Municipal Code as may be amended from time to time. Additionally, the development of land and structures shall be in substantial conformance with the following (which shall be controlling in the event of any conflict with any other provision of the Elgin Municipal Code: 1. Substantial conformance to the Site Plan (A1.0), dated September 26, 2005, prepared by Mann, Gin, Dubin & Frazier, Ltd. Architects, Landscape Plans (L1 and L2), and Tree Preservation Plans (TP1 and TP2), dated September 26, 2005, prepared by Hitchcock Design Group. 2. Substantial conformance to the Floor Plans (A2.1, A2.2 and A2.3) dated September 26, 2005 and revised Building Elevation Plan (A3.1), dated January 18, 2006, prepared by Mann, Gin, Dubin & Frazier, Ltd. Architects. 3. Compliance with all other applicable codes and ordinances. H. Off-Street Parking. In this PMFR District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended. I. Off-Street Loading. In this PMFR District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as amended. J. Signs. In this PMFR District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PMFR District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. 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 VOLUME LXXI APRIL 12, 2006 307 Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. In this PMFR District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. P. 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, 1976, as amended. Section 4. 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: April 12, 2006 Passed: April 12, 2006 Vote: Yeas: 5 Nays: 2 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 12, 2006 VOLUME LXXI 308 ORDINANCE G32-06 PASSED GRANTING A MAP AMENDMENT FROM SFR1 SINGLE FAMILY RESIDENCE DISTRICT AND RC2 RESIDENCE CONSERVATION DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT (508 NORTH MCLEAN BOULEVARD AND 1465 EAGLE ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Sandor. Ordinance No. G32-06 AN ORDINANCE GRANTING A MAP AMENDMENT FROM SFR1 SINGLE FAMILY RESIDENCE DISTRICT AND RC2 RESIDENCE CONSERVATION DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT (508 North McLean Blvd. and 1465 Eagle Road) WHEREAS, written application has been made requesting a map amendment from SFR1 Single Family Residence District and RC2 Residence Conservation District to PCF Planned Community Facility District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 21, 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 19.08, 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: The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property: VOLUME LXXI APRIL 12, 2006 309 PCF (WEST) PARCEL: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID EAST HALF, 30 RODS, 1 FOOT 6 INCHES NORTH OF THE SOUTH LINE OF SAID QUARTER SECTION; THENCE CONTINUING NORTH ALONG SAID WEST LINE, 20 RODS, 1 FOOT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 632 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID LAST COURSE, 330.92 FEET; THENCE WEST AT AN ANGLE OF 90 DEGREES, 00 MINUTES 06 SECONDS TO THE LEFT FROM SAID LAST COURSE, 638.68 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE EASTERLY 80 FEET OF THE WESTERLY 467.5 FEET OF THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 50 RODS 2 ½ FEET NORTH OF THE SOUTHEAST CORNER OF SAID QUARTER; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 79 RODS 12 ½ FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, THENCE NORTH ALONG SAID WEST LINE 10 RODS AND 6 INCHES TO THE CENTER OF KNAPP AVENUE AS SHOWN ON THE PLAT OF LOUIS BECKLINGER'S ADDITION TO THE TOWNSHIP OF ELGIN; THENCE EAST ALONG THE CENTER OF KNAPP AVENUE AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 79 RODS 12 ½ FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE 10 RODS AND 6 INCHES TO THE POINT OF BEGINNING, CONTAINING 5.13 ACRES OF LAND, MORE OR LESS, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. Section 3. That the City Council of the City of Elgin hereby grants the map amendment to PCF Planned Community Facility District, for the property commonly known as 508 North McLean Boulevard and 1465 Eagle Road, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis. 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 APRIL 12, 2006 VOLUME LXXI 310 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 PCF 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 PCF 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. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use 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 only land use allowed as a “permitted use” [SR] in this PCF zoning district shall be open space. G. Site Design. In this PCF District, the site design regulations shall be as required in the CF District, pursuant to Chapter 19.30.135 Site Design, of the Elgin Municipal Code, as may be amended from time to time. The use of land within this PCF District shall be in substantial conformance with the following: 1. Substantial conformance to the Site Plan (A1.0), dated September 26, 2005, prepared by Mann, Gin, Dubin & Frazier, Ltd. Architects, Landscape Plans (L1 and L2), and Tree Preservation Plans (TP1 and TP2), dated August 19, 2005, prepared by Hitchcock Design Group. 2. Compliance with all other applicable codes and ordinances. H. Off-Street Parking. In this PCF District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the ELGIN MUNICIPAL CODE, as amended. I. Off-Street Loading. In this PCF District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the ELGIN MUNICIPAL CODE, as amended. J. Signs. In this PCF District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment VOLUME LXXI APRIL 12, 2006 311 may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. . In this PCF 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. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. P. 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, 1976, as amended. Section 4. 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 APRIL 12, 2006 VOLUME LXXI 312 Presented: April 12, 2006 Passed: April 12, 2006 Vote: Yeas: 5 Nays: 2 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MOTION TO CONSIDER AGENDA ITEMS O-10 THROUGH O-14 IN ONE MOTION Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve Other Business Agenda Items 10 through 14 (Resolution Numbers 06-86 and 06-87, and Ordinance Numbers S9-06, G33-06, and G34-06) in one motion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt Resolution Numbers 06-86 and 06-87, and to pass Ordinance Numbers S9-06, G33-06, and G34- 06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. ORDINANCE S9-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (PORTIONS OF STONY CREEK WEST AND SPRING CREEK FARMS) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. S9-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Portions of Stony Creek West and Spring Creek Farm) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and VOLUME LXXI APRIL 12, 2006 313 WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices 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 SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS (PER HISTORIC DEED): BEGINNING AT A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 339.9 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 962.17 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 31 MINUTES 47 SECONDS WEST ALONG THE EAST LINE OF SAID WEST HALF 405.24 FEET; THENCE NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, 399.30 FEET; THENCE SOUTH 6 DEGREES 30 MINUTES WEST, 1226.55 FEET TO THE CENTER LINE OF MCDONALD ROAD; THENCE SOUTH 81 DEGREES 26 MINUTES 38 SECONDS WEST ALONG SAID CENTER LINE, 778.74 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTH 86 DEGREES 57 MINUTES 26 SECONDS WEST ALONG SAID CENTER LINE, 390.38 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE NORTH 76 DEGREES 02 MINUTES 57 SECONDS WEST, ALONG SAID CENTER LINE, 310.152 FEET TO A LINE HEREAFTER REFERRED TO AS LINE “A”, WHICH LINE BEARS NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER TO THE PLACE OF BEGINNING; THENCE NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST, ALONG LINE “A” HERETOFORE DESCRIBED, 1672.009 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION (PER MEASURE): BEGINNING AT A POINT IN THE SAID NORTH LINE OF THE SOUTHWEST QUARTER SECTION 35, 543.92 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, POINT LYING IN THE APPROXIMATE CENTERLINE OF CRAWFORD ROAD; THENCE NORTH 88 DEGREES 09 MINUTES 49 SECONDS EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 778.68 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 04 MINUTES 42 SECONDS EAST, ALONG THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 405.24 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 49 SECONDS EAST, PARALLEL WITH THE NORTH APRIL 12, 2006 VOLUME LXXI 314 LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 399.30 FEET TO THE WEST LINE OF THE LANDS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2000K 052965; THENCE SOUTH 06 DEGREES 09 MINUTES 08 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 584.93 FEET; THENCE NORTH 70 DEGREES 00 MINUTES 46 SECONDS WEST A DISTANCE OF 587.63 FEET; THENCE SOUTH 75 DEGREES 07 MINUTES 54 SECONDS WEST A DISTANCE OF 277.30 FEET; THENCE SOUTH 64 DEGREES 20 MINUTES 01 SECONDS WEST A DISTANCE OF 321.26 FEET; THENCE SOUTH 17 DEGREES 50 MINUTES 33 SECONDS WEST A DISTANCE OF 162.51 FEET; THENCE SOUTH 08 DEGREES 37 MINUTES 05 SECONDS EAST A DISTANCE OF 292.84 FEET; THENCE NORTH 62 DEGREES 01 MINUTES 44 SECONDS WEST A DISTANCE OF 366.02 FEET; THENCE NORTH 81 DEGREES 59 MINUTES 22 SECONDS WEST A DISTANCE OF 30.00 FEET TO THE AFORESAID APPROXIMATE CENTERLINE OF CRAWFORD ROAD; THENCE NORTH 08 DEGREES 00 MINUTES 38 SECONDS EAST, ALONG SAID CENTERLINE, A DISTANCE OF 626.03 FEET, MORE OR LESS TO A BEND POINT IN SAID CENTERLINE; THENCE CONTINUING THENCE NORTH 08 DEGREES 00 MINUTES 38 SECONDS EAST A DISTANCE OF 607.08 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION, SAID DESCRIBED PROPERTY CONTAINING A NET AREA OF 24.9 ACRES, MORE OR LESS, AND LYING IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE WEST LINE OF CRAWFORD ROAD AND ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE SOUTH LINE OF MCDONALD ROAD, INCLUDING UP TO THE CENTERLINE-CENTERLINE THEREOF. THAT PART OF THE EAST HALF OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS (PER HISTORIC DEED, PREDOMINATELY): (PORTION 1) BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1732.76 FEET TO THE NORTH LINE OF THE SOUTH 891.0 FEET (54 RODS) OF SAID SOUTHEAST QUARTER (MEASURED ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER); THENCE EASTERLY, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 3, 229.07 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTHEASTERLY AND EASTERLY ALONG THE CENTER OF SAID SILVER GLEN ROAD, 1894.11 FEET TO A WESTERLY LINE OF A TRACT OF LAND CONVEYED BY DEED RECORDED AS DOCUMENT NUMBER 553379; THENCE NORTHERLY 1436.78 FEET ALONG A WESTERLY LINE OF SAID TRACT OF LAND, TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE WESTERLY ALONG THE SAID SOUTH LINE, 413.65 FEET TO A POINT THAT IS 1108.14 FEET (16.79 CHAINS) WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHEASTERLY ALONG A LINE DRAWN FROM THE LAST DESCRIBED POINT TO A MONUMENT AT THE SOUTHEAST CORNER OF SECTION 34, VOLUME LXXI APRIL 12, 2006 315 TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 737.22 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 15 SECONDS WEST A DISTANCE OF 750.38 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 40.98 FEET; THENCE SOUTH 71 DEGREES 02 MINUTES 36 SECONDS WEST A DISTANCE OF 991.62 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 139 DEGREES 49 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THERE FROM), A DISTANCE OF 1645.63 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 78 DEGREES 31 MINUTES 56 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THERE FROM), A DISTANCE OF 97.58 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 886.67 FEET, A DISTANCE OF 643.45 FEET TO A POINT OF TANGENCY; THENCE SOUTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 35.90 FEET TO THE AFOREMENTIONED SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 3; THENCE WESTERLY, ALONG SAID SOUTH LINE, A DISTANCE OF 323.83 FEET TO THE POINT OF BEGINNING, EXCEPTING THERE FROM THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1727.25 FEET; THENCE NORTH 89 DEGREES 30 MINUTES EAST, 231.15 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CENTER LINE 1176.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES EAST, 369.08 FEET; THENCE NORTH 89 DEGREES 49 MINUTES WEST, 362.0 FEET; THENCE SOUTHERLY 366.17 FEET TO A POINT ON SAID CENTER LINE THAT IS 362.1 FEET WESTERLY OF THE POINT OF BEGINNING, MEASURED ALONG SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER LINE, 362.1 FEET TO THE POINT OF BEGINNING; ALL IN KANE COUNTY, ILLINOIS. (PORTION 2) TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2 AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS (PER HISTORIC DEED, PREDOMINATELY): COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD; THENCE SOUTH 0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED SOUTHERLY 2682.0 FEET; THENCE SOUTH 16 DEGREES 39 MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0 FEET; THENCE NORTH 1 DEGREES 04 MINUTES WEST, 558.50 FEET; THENCE NORTH 0 DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTH 0 DEGREES 58 MINUTES EAST, 1702.78 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER FOR A POINT OF BEGINNING; THENCE SOUTH O DEGREES 58 MINUTES WEST, ALONG THE LAST DESCRIBED COURSE, 1222.78 FEET TO A POINT THAT IS 480.0 FEET NORTH 0 DEGREES 58 MINUTES APRIL 12, 2006 VOLUME LXXI 316 EAST OF THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE WESTERLY, ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 14 MINUTES 21 SECONDS WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFORM) 460.0 FEET; THENCE SOUTHERLY, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 25 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 440.0 FEET TO THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE WESTERLY, ALONG SAID CENTER LINE 1536.66 FEET TO A POINT THAT IS 633.60 FEET (9.60 CHAINS) EASTERLY OF THE WEST LINE OF SAID EAST HALF (MEASURED ALONG SAID SILVER GLEN ROAD CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED WESTERLY); THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 1436.78 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 694.49 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 1353.93 FEET TO THE POINT OF BEGINNING, ALL IN CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS. (PORTION 3) TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS(PER HISTORIC DEED, PREDOMINATELY): COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD; THENCE SOUTH 0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED SOUTHERLY, 2682.0 FEET; THENCE SOUTH 16 DEGREES 39 MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0 FEET; THENCE NORTH 0 DEGREE 04 MINUTES WEST, 558.50 FEET; THENCE NORTH 0 DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN ROAD FOR A POINT OF BEGINNING; THENCE NORTH 0 DEGREES 58 MINUTES EAST, 480.0 FEET; THENCE WESTERLY, ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 14 MINUTES 21 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 460.0 FEET; THENCE SOUTHERLY, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 25 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 440.0 FEET TO THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, 490.0 FEET TO THE POINT OF BEGINNING, IN CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE SOUTH LINE OF SILVER GLEN ROAD. THAT PART OF THE SOUTH HALF OF SECTION 34 AND PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE NORTH HALF VOLUME LXXI APRIL 12, 2006 317 OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: (NORTHEASTERLY PORTION) COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 88 DEGREES 50 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1108.14 FEET (16.79 CHAINS) TO A POINT; THENCE NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG A LINE DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID POINT TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2451.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG SAID DRAWN LINE, A DISTANCE OF 446.28 FEET TO SAID CONCRETE MONUMENT; THENCE NORTH 07 DEGREES 19 MINUTES 41 SECONDS EAST, ALONG A LINE WHICH IS DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID CONCRETE MONUMENT TO A POINT ON THE NORTH LINE OF THE SAID SOUTHWEST QUARTER OF SECTION 35, 339.9 FEET (5.15 CHAINS) EAST OF THE NORTHWEST CORNER SAID QUARTER SECTION, A DISTANCE OF 980.63 FEET TO THE CENTERLINE ON MCDONALD ROAD; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CENTER LINE THE FOLLOWING FOUR (4) COURSES AND DISTANCES; (1) THENCE NORTH 74 DEGREES 01 MINUTES 36 SECONDS WEST A DISTANCE OF 977.33 FEET (978.19 FEET RECORD) TO A POINT OF CURVATURE; (2) THENCE WESTERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1637.02 FEET, A DISTANCE OF 529.30 FEET (529.52 FEET RECORD) TO A POINT OF TANGENCY; (3) THENCE SOUTH 87 DEGREES 26 MINUTES 52 SECONDS WEST A DISTANCE OF 1314.85 FEET (1314.28 FEET RECORD), POINT LYING ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; (4) THENCE SOUTH 86 DEGREES 56 MINUTES 37 SECONDS WEST A DISTANCE OF 62.70 FEET TO A POINT THAT IS 62.70 FEET WESTERLY OF SAID EAST LINE (MEASURED ALONG SAID CENTER LINE), BEING THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO HENRY O. LARSON AND ELIZABETH V. LARSON BY DEED RECORDED AS DOCUMENT 648085; THENCE SOUTH 01 DEGREES 40 MINUTES 47 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LARSON TRACT 776.0 FEET TO A POINT THAT IS 10.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID LARSON TRACT; THENCE NORTH 89 DEGREES 04 MINUTES 46 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID LARSON TRACT 24.88 FEET; THENCE SOUTH 21 DEGREES 56 MINUTES 11 SECONDS EAST 101.13 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 210.0 FEET, TANGENT TO THE LAST DESCRIBED COURSE, 104.64 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 390.5 FEET (390.00 FEET RECORD) TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 91.01 FEET (90.98 FEET RECORD); THENCE SOUTH 19 DEGREES 58 MINUTES 05 SECONDS WEST, TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 104.0 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 360.0 FEET, TANGENT TO THE LAST DESCRIBED COURSE 94.64 FEET (94.87 FEET RECORD) TO A LINE DRAWN PARALLEL WITH AND 59.25 FEET NORTHERLY APRIL 12, 2006 VOLUME LXXI 318 OF THE SOUTH LINE (MEASURED AT RIGHT ANGLES THERETO) OF SAID SOUTHWEST QUARTER SECTION 34; THENCE NORTH 88 DEGREES 51 MINUTES 14 SECONDS EAST, ALONG SAID PARALLEL LINE, 336.05 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 157 DEGREES 06 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 806.37 FEET; THENCE NORTH 28 DEGREES 13 MINUTES 08 SECONDS EAST A DISTANCE OF 201.72 FEET; THENCE SOUTH 68 DEGREES 25 MINUTES 29 SECONDS EAST A DISTANCE OF 230.50 FEET; THENCE SOUTH 58 DEGREES 52 MINUTES 26 SECONDS EAST A DISTANCE OF 211.10 FEET; THENCE SOUTH 88 DEGREES 23 MINUTES 53 SECONDS EAST A DISTANCE OF 483.72 FEET; THENCE SOUTH 82 DEGREES 49 MINUTES 25 SECONDS EAST A DISTANCE OF 373.74 FEET; THENCE SOUTH 68 DEGREES 46 MINUTES 43 SECONDS EAST A DISTANCE OF 107.58 FEET TO THE POINT OF BEGINNING (CONTAINING 90.4857 ACRES, MORE OR LESS); TOGETHER WITH THE FOLLOWING DESCRIBED: (SOUTHWESTERLY PORTION) COMMENCING AT THE AFORESAID SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 88 DEGREES 50 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1108.14 FEET (16.79 CHAINS) TO A POINT; THENCE NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG A LINE DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID POINT TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 737.22 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 15 SECONDS WEST A DISTANCE OF 750.38 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 40.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 33.51 FEET; THENCE SOUTH 69 DEGREES 42 MINUTES 25 SECONDS WEST A DISTANCE OF 1203.93 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 142 DEGREES 54 MINUTES 33 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 1448.0 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 117 DEGREES 39 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER- CLOCKWISE THERE FROM) 867.0 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 172 DEGREES 25 MINUTES 59 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THERE FROM) 741.0 FEET TO THE AFORESAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 51 MINUTES 14 SECONDS WEST, ALONG SAID PARALLEL LINE, 299.13 FEET TO THE WESTERLY LINE EXTENDED SOUTHERLY OF SAID LARSON TRACT; THENCE NORTH 00 DEGREES 03 MINUTES 14 SECONDS WEST, ALONG SAID EXTENDED WESTERLY LINE AND THE WESTERLY LINE OF SAID LARSON TRACT, 1122.09 FEET TO THE CENTER LINE OF SAID MCDONALD ROAD; THENCE SOUTH 81 DEGREES 53 MINUTES 33 SECONDS WEST, ALONG SAID CENTER LINE, 87.46 FEET TO A POINT THAT IS 435.60 FEET, MORE OR LESS, EASTERLY OF THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO BENJAMIN WALKER BY DEED RECORDED MARCH 3, 1855 IN BOOK 36, PAGE 623; THENCE SOUTH 00 DEGREES 36 MINUTES 16 SECONDS EAST, PARALLEL, MORE OR LESS, WITH THE EAST LINE OF SAID VOLUME LXXI APRIL 12, 2006 319 WALKER TRACT 1110.75 FEET; THENCE SOUTH 81 DEGREES 53 MINUTES 22 SECONDS WEST, PARALLEL, MORE OR LESS, WITH SAID CENTER LINE, 433.12 FEET TO THE NORTHERLY EXTENSION OF A LINE DRAWN PARALLEL WITH, AND 251.46 (3.81 CHAINS) FEET EASTERLY OF, AS MEASURED ALONG THE NORTH LINE THEREOF, THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 3, POINT BEING 7.32 FEET NORTH OF SAID NORTH LINE; THENCE SOUTH 00 DEGREES 26 MINUTES 52 SECONDS EAST, ALONG SAID EXTENDED LINE AND SAID PARALLEL LINE, A DISTANCE OF 2673.57 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 3; THENCE NORTH 88 DEGREES 50 MINUTES 33 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 2399.89 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 3; THENCE CONTINUING NORTH 88 DEGREES 50 MINUTES 33 SECONDS EAST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 323.83 FEET; THENCE NORTH 11 DEGREES 09 MINUTES 18 SECONDS EAST A DISTANCE OF 35.90 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 886.67 FEET, A DISTANCE OF 643.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 30 DEGREES 25 MINUTES 28 SECONDS WEST A DISTANCE OF 97.58 FEET; THENCE NORTH 71 DEGREES 02 MINUTES 36 SECONDS EAST A DISTANCE OF 991.62 FEET TO THE POINT OF BEGINNING (CONTAINING 94.4869 ACRES, MORE OR LESS); LYING IN KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE NORTH LINE OF MCDONALD ROAD. 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: April 12, 2006 Passed: April 12, 2006 Vote: Yeas: 5 Nays: 2 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 12, 2006 VOLUME LXXI 320 ORDINANCE G33-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (PORTIONS OF STONY CREEK WEST AND SPRING CREEK FARMS) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. G33-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (PORTIONS OF STONY CREEK WEST AND SPRING CREEK FARMS) 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 PSFR2 Planned Single Family Residence District; and 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 recommendations; 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached Zoning Plat, prepared by Henderson and Bodwell, L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as Stony Creek West and Spring Creek Farms and designated in the PSFR2 Planned Single Family Residence District and being located within the area legally described as follows: VOLUME LXXI APRIL 12, 2006 321 THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS (PER HISTORIC DEED): BEGINNING AT A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 339.9 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 962.17 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 31 MINUTES 47 SECONDS WEST ALONG THE EAST LINE OF SAID WEST HALF 405.24 FEET; THENCE NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, 399.30 FEET; THENCE SOUTH 6 DEGREES 30 MINUTES WEST, 1226.55 FEET TO THE CENTER LINE OF MCDONALD ROAD; THENCE SOUTH 81 DEGREES 26 MINUTES 38 SECONDS WEST ALONG SAID CENTER LINE, 778.74 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTH 86 DEGREES 57 MINUTES 26 SECONDS WEST ALONG SAID CENTER LINE, 390.38 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE NORTH 76 DEGREES 02 MINUTES 57 SECONDS WEST, ALONG SAID CENTER LINE, 310.152 FEET TO A LINE HEREAFTER REFERRED TO AS LINE “A”, WHICH LINE BEARS NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER TO THE PLACE OF BEGINNING; THENCE NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST, ALONG LINE “A” HERETOFORE DESCRIBED, 1672.009 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION (PER MEASURE): BEGINNING AT A POINT IN THE SAID NORTH LINE OF THE SOUTHWEST QUARTER SECTION 35, 543.92 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, POINT LYING IN THE APPROXIMATE CENTERLINE OF CRAWFORD ROAD; THENCE NORTH 88 DEGREES 09 MINUTES 49 SECONDS EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 778.68 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 04 MINUTES 42 SECONDS EAST, ALONG THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 405.24 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 49 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 399.30 FEET TO THE WEST LINE OF THE LANDS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2000K 052965; THENCE SOUTH 06 DEGREES 09 MINUTES 08 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 584.93 FEET; THENCE NORTH 70 DEGREES 00 MINUTES 46 SECONDS WEST A DISTANCE OF 587.63 FEET; THENCE SOUTH 75 DEGREES 07 MINUTES 54 SECONDS WEST A DISTANCE OF 277.30 FEET; THENCE SOUTH 64 DEGREES 20 MINUTES 01 SECONDS WEST A DISTANCE OF 321.26 FEET; THENCE SOUTH 17 DEGREES 50 MINUTES 33 SECONDS WEST A DISTANCE OF 162.51 FEET; THENCE SOUTH 08 DEGREES 37 MINUTES 05 SECONDS EAST A DISTANCE OF 292.84 FEET; THENCE NORTH 62 DEGREES 01 MINUTES 44 SECONDS WEST A DISTANCE OF 366.02 FEET; THENCE NORTH 81 DEGREES 59 MINUTES 22 SECONDS WEST A DISTANCE OF 30.00 FEET TO THE AFORESAID APPROXIMATE CENTERLINE OF CRAWFORD ROAD; THENCE APRIL 12, 2006 VOLUME LXXI 322 NORTH 08 DEGREES 00 MINUTES 38 SECONDS EAST, ALONG SAID CENTERLINE, A DISTANCE OF 626.03 FEET, MORE OR LESS TO A BEND POINT IN SAID CENTERLINE; THENCE CONTINUING THENCE NORTH 08 DEGREES 00 MINUTES 38 SECONDS EAST A DISTANCE OF 607.08 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION, SAID DESCRIBED PROPERTY CONTAINING A NET AREA OF 24.9 ACRES, MORE OR LESS, AND LYING IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE WEST LINE OF CRAWFORD ROAD AND ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE SOUTH LINE OF MCDONALD ROAD, INCLUDING UP TO THE CENTERLINE-CENTERLINE THEREOF. THAT PART OF THE EAST HALF OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS (PER HISTORIC DEED, PREDOMINATELY): (PORTION 1) BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1732.76 FEET TO THE NORTH LINE OF THE SOUTH 891.0 FEET (54 RODS) OF SAID SOUTHEAST QUARTER (MEASURED ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER); THENCE EASTERLY, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 3, 229.07 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTHEASTERLY AND EASTERLY ALONG THE CENTER OF SAID SILVER GLEN ROAD, 1894.11 FEET TO A WESTERLY LINE OF A TRACT OF LAND CONVEYED BY DEED RECORDED AS DOCUMENT NUMBER 553379; THENCE NORTHERLY 1436.78 FEET ALONG A WESTERLY LINE OF SAID TRACT OF LAND, TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE WESTERLY ALONG THE SAID SOUTH LINE, 413.65 FEET TO A POINT THAT IS 1108.14 FEET (16.79 CHAINS) WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHEASTERLY ALONG A LINE DRAWN FROM THE LAST DESCRIBED POINT TO A MONUMENT AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 737.22 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 15 SECONDS WEST A DISTANCE OF 750.38 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 40.98 FEET; THENCE SOUTH 71 DEGREES 02 MINUTES 36 SECONDS WEST A DISTANCE OF 991.62 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 139 DEGREES 49 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THERE FROM), A DISTANCE OF 1645.63 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 78 DEGREES 31 MINUTES 56 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THERE FROM), A DISTANCE OF 97.58 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 886.67 FEET, A DISTANCE OF 643.45 FEET TO A POINT OF TANGENCY; THENCE VOLUME LXXI APRIL 12, 2006 323 SOUTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 35.90 FEET TO THE AFOREMENTIONED SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 3; THENCE WESTERLY, ALONG SAID SOUTH LINE, A DISTANCE OF 323.83 FEET TO THE POINT OF BEGINNING, EXCEPTING THERE FROM THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1727.25 FEET; THENCE NORTH 89 DEGREES 30 MINUTES EAST, 231.15 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CENTER LINE 1176.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES EAST, 369.08 FEET; THENCE NORTH 89 DEGREES 49 MINUTES WEST, 362.0 FEET; THENCE SOUTHERLY 366.17 FEET TO A POINT ON SAID CENTER LINE THAT IS 362.1 FEET WESTERLY OF THE POINT OF BEGINNING, MEASURED ALONG SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER LINE, 362.1 FEET TO THE POINT OF BEGINNING; ALL IN KANE COUNTY, ILLINOIS. (PORTION 2) TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2 AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS (PER HISTORIC DEED, PREDOMINATELY): COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD; THENCE SOUTH 0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED SOUTHERLY 2682.0 FEET; THENCE SOUTH 16 DEGREES 39 MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0 FEET; THENCE NORTH 1 DEGREES 04 MINUTES WEST, 558.50 FEET; THENCE NORTH 0 DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTH 0 DEGREES 58 MINUTES EAST, 1702.78 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER FOR A POINT OF BEGINNING; THENCE SOUTH O DEGREES 58 MINUTES WEST, ALONG THE LAST DESCRIBED COURSE, 1222.78 FEET TO A POINT THAT IS 480.0 FEET NORTH 0 DEGREES 58 MINUTES EAST OF THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE WESTERLY, ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 14 MINUTES 21 SECONDS WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFORM) 460.0 FEET; THENCE SOUTHERLY, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 25 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 440.0 FEET TO THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE WESTERLY, ALONG SAID CENTER LINE 1536.66 FEET TO A POINT THAT IS 633.60 FEET (9.60 CHAINS) EASTERLY OF THE WEST LINE OF SAID EAST HALF (MEASURED ALONG SAID SILVER GLEN ROAD CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED WESTERLY); THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 1436.78 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 694.49 FEET TO THE APRIL 12, 2006 VOLUME LXXI 324 NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 1353.93 FEET TO THE POINT OF BEGINNING, ALL IN CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS. (PORTION 3) TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS(PER HISTORIC DEED, PREDOMINATELY): COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD; THENCE SOUTH 0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED SOUTHERLY, 2682.0 FEET; THENCE SOUTH 16 DEGREES 39 MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0 FEET; THENCE NORTH 0 DEGREE 04 MINUTES WEST, 558.50 FEET; THENCE NORTH 0 DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN ROAD FOR A POINT OF BEGINNING; THENCE NORTH 0 DEGREES 58 MINUTES EAST, 480.0 FEET; THENCE WESTERLY, ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 14 MINUTES 21 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 460.0 FEET; THENCE SOUTHERLY, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 25 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 440.0 FEET TO THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, 490.0 FEET TO THE POINT OF BEGINNING, IN CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE SOUTH LINE OF SILVER GLEN ROAD. THAT PART OF THE SOUTH HALF OF SECTION 34 AND PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE NORTH HALF OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: (NORTHEASTERLY PORTION) COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 88 DEGREES 50 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1108.14 FEET (16.79 CHAINS) TO A POINT; THENCE NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG A LINE DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID POINT TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2451.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG SAID DRAWN LINE, A DISTANCE OF 446.28 FEET TO SAID CONCRETE MONUMENT; THENCE NORTH 07 DEGREES 19 MINUTES 41 SECONDS EAST, ALONG A LINE WHICH IS DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID CONCRETE MONUMENT TO A POINT ON THE VOLUME LXXI APRIL 12, 2006 325 NORTH LINE OF THE SAID SOUTHWEST QUARTER OF SECTION 35, 339.9 FEET (5.15 CHAINS) EAST OF THE NORTHWEST CORNER SAID QUARTER SECTION, A DISTANCE OF 980.63 FEET TO THE CENTERLINE ON MCDONALD ROAD; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CENTER LINE THE FOLLOWING FOUR (4) COURSES AND DISTANCES; (1) THENCE NORTH 74 DEGREES 01 MINUTES 36 SECONDS WEST A DISTANCE OF 977.33 FEET (978.19 FEET RECORD) TO A POINT OF CURVATURE; (2) THENCE WESTERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1637.02 FEET, A DISTANCE OF 529.30 FEET (529.52 FEET RECORD) TO A POINT OF TANGENCY; (3) THENCE SOUTH 87 DEGREES 26 MINUTES 52 SECONDS WEST A DISTANCE OF 1314.85 FEET (1314.28 FEET RECORD), POINT LYING ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; (4) THENCE SOUTH 86 DEGREES 56 MINUTES 37 SECONDS WEST A DISTANCE OF 62.70 FEET TO A POINT THAT IS 62.70 FEET WESTERLY OF SAID EAST LINE (MEASURED ALONG SAID CENTER LINE), BEING THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO HENRY O. LARSON AND ELIZABETH V. LARSON BY DEED RECORDED AS DOCUMENT 648085; THENCE SOUTH 01 DEGREES 40 MINUTES 47 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LARSON TRACT 776.0 FEET TO A POINT THAT IS 10.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID LARSON TRACT; THENCE NORTH 89 DEGREES 04 MINUTES 46 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID LARSON TRACT 24.88 FEET; THENCE SOUTH 21 DEGREES 56 MINUTES 11 SECONDS EAST 101.13 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 210.0 FEET, TANGENT TO THE LAST DESCRIBED COURSE, 104.64 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 390.5 FEET (390.00 FEET RECORD) TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 91.01 FEET (90.98 FEET RECORD); THENCE SOUTH 19 DEGREES 58 MINUTES 05 SECONDS WEST, TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 104.0 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 360.0 FEET, TANGENT TO THE LAST DESCRIBED COURSE 94.64 FEET (94.87 FEET RECORD) TO A LINE DRAWN PARALLEL WITH AND 59.25 FEET NORTHERLY OF THE SOUTH LINE (MEASURED AT RIGHT ANGLES THERETO) OF SAID SOUTHWEST QUARTER SECTION 34; THENCE NORTH 88 DEGREES 51 MINUTES 14 SECONDS EAST, ALONG SAID PARALLEL LINE, 336.05 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 157 DEGREES 06 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 806.37 FEET; THENCE NORTH 28 DEGREES 13 MINUTES 08 SECONDS EAST A DISTANCE OF 201.72 FEET; THENCE SOUTH 68 DEGREES 25 MINUTES 29 SECONDS EAST A DISTANCE OF 230.50 FEET; THENCE SOUTH 58 DEGREES 52 MINUTES 26 SECONDS EAST A DISTANCE OF 211.10 FEET; THENCE SOUTH 88 DEGREES 23 MINUTES 53 SECONDS EAST A DISTANCE OF 483.72 FEET; THENCE SOUTH 82 DEGREES 49 MINUTES 25 SECONDS EAST A DISTANCE OF 373.74 FEET; THENCE SOUTH 68 DEGREES 46 MINUTES 43 SECONDS EAST A DISTANCE OF 107.58 FEET TO THE POINT OF BEGINNING (CONTAINING 90.4857 ACRES, MORE OR LESS); TOGETHER WITH THE FOLLOWING DESCRIBED: APRIL 12, 2006 VOLUME LXXI 326 (SOUTHWESTERLY PORTION) COMMENCING AT THE AFORESAID SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 88 DEGREES 50 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1108.14 FEET (16.79 CHAINS) TO A POINT; THENCE NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG A LINE DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID POINT TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 737.22 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 15 SECONDS WEST A DISTANCE OF 750.38 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 40.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 33.51 FEET; THENCE SOUTH 69 DEGREES 42 MINUTES 25 SECONDS WEST A DISTANCE OF 1203.93 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 142 DEGREES 54 MINUTES 33 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 1448.0 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 117 DEGREES 39 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER- CLOCKWISE THERE FROM) 867.0 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 172 DEGREES 25 MINUTES 59 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THERE FROM) 741.0 FEET TO THE AFORESAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 51 MINUTES 14 SECONDS WEST, ALONG SAID PARALLEL LINE, 299.13 FEET TO THE WESTERLY LINE EXTENDED SOUTHERLY OF SAID LARSON TRACT; THENCE NORTH 00 DEGREES 03 MINUTES 14 SECONDS WEST, ALONG SAID EXTENDED WESTERLY LINE AND THE WESTERLY LINE OF SAID LARSON TRACT, 1122.09 FEET TO THE CENTER LINE OF SAID MCDONALD ROAD; THENCE SOUTH 81 DEGREES 53 MINUTES 33 SECONDS WEST, ALONG SAID CENTER LINE, 87.46 FEET TO A POINT THAT IS 435.60 FEET, MORE OR LESS, EASTERLY OF THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO BENJAMIN WALKER BY DEED RECORDED MARCH 3, 1855 IN BOOK 36, PAGE 623; THENCE SOUTH 00 DEGREES 36 MINUTES 16 SECONDS EAST, PARALLEL, MORE OR LESS, WITH THE EAST LINE OF SAID WALKER TRACT 1110.75 FEET; THENCE SOUTH 81 DEGREES 53 MINUTES 22 SECONDS WEST, PARALLEL, MORE OR LESS, WITH SAID CENTER LINE, 433.12 FEET TO THE NORTHERLY EXTENSION OF A LINE DRAWN PARALLEL WITH, AND 251.46 (3.81 CHAINS) FEET EASTERLY OF, AS MEASURED ALONG THE NORTH LINE THEREOF, THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 3, POINT BEING 7.32 FEET NORTH OF SAID NORTH LINE; THENCE SOUTH 00 DEGREES 26 MINUTES 52 SECONDS EAST, ALONG SAID EXTENDED LINE AND SAID PARALLEL LINE, A DISTANCE OF 2673.57 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 3; THENCE NORTH 88 DEGREES 50 MINUTES 33 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 2399.89 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 3; THENCE CONTINUING NORTH 88 DEGREES 50 MINUTES 33 SECONDS EAST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 323.83 FEET; THENCE NORTH 11 DEGREES 09 MINUTES 18 SECONDS EAST A DISTANCE OF 35.90 FEET TO A POINT OF CURVATURE; VOLUME LXXI APRIL 12, 2006 327 THENCE NORTHERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 886.67 FEET, A DISTANCE OF 643.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 30 DEGREES 25 MINUTES 28 SECONDS WEST A DISTANCE OF 97.58 FEET; THENCE NORTH 71 DEGREES 02 MINUTES 36 SECONDS EAST A DISTANCE OF 991.62 FEET TO THE POINT OF BEGINNING (CONTAINING 94.4869 ACRES, MORE OR LESS); LYING IN KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE NORTH LINE OF MCDONALD ROAD. Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential 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, 1976, as amended. C. General Provisions. In this PSFR2 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 PSFR2 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. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use 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] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). APRIL 12, 2006 VOLUME LXXI 328 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). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use 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 “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). VOLUME LXXI APRIL 12, 2006 329 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 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 Zoning Ordinance. In this PSFR2 zoning district, the site design regulations for individual lot development shall be the provisions of Section 19.25.335, Site Design, of the Elgin Zoning Ordinance. 1. Supplementary Conditions. In this PSFR2 zoning district, The subdivision layout and residential development shall be designed and constructed in substantial conformance with the design guidelines applicable to residential neighborhoods developed in the “Far West” portion of the Elgin Planning Area, as described in the 2005 Elgin Comprehensive Plan and Design Guidelines, and the following conditions: a. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for Stony Creek , including: 1. Preliminary Plat of Subdivision for Stony Creek West, prepared by Henderson and Bodwell, LLP, dated July 7, 2004. 2. Preliminary Engineering for Stony Creek West, prepared by Henderson and Bodwell, LLP, dated July 7, 2004 and last revised May 16, 2005. 3. Residential structures shall be designed, constructed and maintained in conformance with the Architectural Guidelines (referenced Exhibit "J" from annexation agreement) and private covenants recorded with the subdivision. 4. Preliminary Landscape Plan for Stony Creek West (Stony Creek), prepared by Signature Design Group, dated November 15, 2004. b. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife APRIL 12, 2006 VOLUME LXXI 330 Service and applicable regulatory agencies for the Stony Creek West planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. c. Notwithstanding anything to the contrary in this ordinance, the Spring Creek Farms portion of the property shall be developed with no more than twenty (20) detached single family residential units. Prior to development of the Spring Creek Farms property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and city council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. d. Conformance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 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. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 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. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment VOLUME LXXI APRIL 12, 2006 331 to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewers shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. 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, 1976, as amended. Section 3. 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 APRIL 12, 2006 VOLUME LXXI 332 Presented: April 12, 2006 Passed: April 12, 2006 Vote: Yeas: 5 Nays: 2 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G34-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (PORTIONS OF STONY CREEK WEST AND SPRING CREEK FARMS) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. G34-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (PORTIONS OF STONY CREEK WEST AND SPRING CREEK FARMS) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility 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 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 are hereby altered by including in the PCF Planned Community Facility District, the following described property: VOLUME LXXI APRIL 12, 2006 333 “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described territory:” Those areas on the attached Zoning Plat, prepared by Henderson and Bodwell, L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as Stony Creek West and Spring Creek Farms and designated in the PCF Planned Community Facility District and being located within the area legally described as follows: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS (PER HISTORIC DEED): BEGINNING AT A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 339.9 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 962.17 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 31 MINUTES 47 SECONDS WEST ALONG THE EAST LINE OF SAID WEST HALF 405.24 FEET; THENCE NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, 399.30 FEET; THENCE SOUTH 6 DEGREES 30 MINUTES WEST, 1226.55 FEET TO THE CENTER LINE OF MCDONALD ROAD; THENCE SOUTH 81 DEGREES 26 MINUTES 38 SECONDS WEST ALONG SAID CENTER LINE, 778.74 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTH 86 DEGREES 57 MINUTES 26 SECONDS WEST ALONG SAID CENTER LINE, 390.38 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE NORTH 76 DEGREES 02 MINUTES 57 SECONDS WEST, ALONG SAID CENTER LINE, 310.152 FEET TO A LINE HEREAFTER REFERRED TO AS LINE “A”, WHICH LINE BEARS NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER TO THE PLACE OF BEGINNING; THENCE NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST, ALONG LINE “A” HERETOFORE DESCRIBED, 1672.009 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION (PER MEASURE): BEGINNING AT A POINT IN THE SAID NORTH LINE OF THE SOUTHWEST QUARTER SECTION 35, 543.92 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, POINT LYING IN THE APPROXIMATE CENTERLINE OF CRAWFORD ROAD; THENCE NORTH 88 DEGREES 09 MINUTES 49 SECONDS EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 778.68 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 04 MINUTES 42 SECONDS EAST, ALONG THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 405.24 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 49 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 399.30 FEET TO THE WEST LINE OF THE LANDS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2000K 052965; THENCE SOUTH 06 DEGREES 09 MINUTES 08 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF APRIL 12, 2006 VOLUME LXXI 334 584.93 FEET; THENCE NORTH 70 DEGREES 00 MINUTES 46 SECONDS WEST A DISTANCE OF 587.63 FEET; THENCE SOUTH 75 DEGREES 07 MINUTES 54 SECONDS WEST A DISTANCE OF 277.30 FEET; THENCE SOUTH 64 DEGREES 20 MINUTES 01 SECONDS WEST A DISTANCE OF 321.26 FEET; THENCE SOUTH 17 DEGREES 50 MINUTES 33 SECONDS WEST A DISTANCE OF 162.51 FEET; THENCE SOUTH 08 DEGREES 37 MINUTES 05 SECONDS EAST A DISTANCE OF 292.84 FEET; THENCE NORTH 62 DEGREES 01 MINUTES 44 SECONDS WEST A DISTANCE OF 366.02 FEET; THENCE NORTH 81 DEGREES 59 MINUTES 22 SECONDS WEST A DISTANCE OF 30.00 FEET TO THE AFORESAID APPROXIMATE CENTERLINE OF CRAWFORD ROAD; THENCE NORTH 08 DEGREES 00 MINUTES 38 SECONDS EAST, ALONG SAID CENTERLINE, A DISTANCE OF 626.03 FEET, MORE OR LESS TO A BEND POINT IN SAID CENTERLINE; THENCE CONTINUING THENCE NORTH 08 DEGREES 00 MINUTES 38 SECONDS EAST A DISTANCE OF 607.08 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION, SAID DESCRIBED PROPERTY CONTAINING A NET AREA OF 24.9 ACRES, MORE OR LESS, AND LYING IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE WEST LINE OF CRAWFORD ROAD AND ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE SOUTH LINE OF MCDONALD ROAD, INCLUDING UP TO THE CENTERLINE-CENTERLINE THEREOF. THAT PART OF THE EAST HALF OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS (PER HISTORIC DEED, PREDOMINATELY): (PORTION 1) BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1732.76 FEET TO THE NORTH LINE OF THE SOUTH 891.0 FEET (54 RODS) OF SAID SOUTHEAST QUARTER (MEASURED ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER); THENCE EASTERLY, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 3, 229.07 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTHEASTERLY AND EASTERLY ALONG THE CENTER OF SAID SILVER GLEN ROAD, 1894.11 FEET TO A WESTERLY LINE OF A TRACT OF LAND CONVEYED BY DEED RECORDED AS DOCUMENT NUMBER 553379; THENCE NORTHERLY 1436.78 FEET ALONG A WESTERLY LINE OF SAID TRACT OF LAND, TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE WESTERLY ALONG THE SAID SOUTH LINE, 413.65 FEET TO A POINT THAT IS 1108.14 FEET (16.79 CHAINS) WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHEASTERLY ALONG A LINE DRAWN FROM THE LAST DESCRIBED POINT TO A MONUMENT AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 737.22 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 15 SECONDS WEST A DISTANCE OF 750.38 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 40.98 FEET; THENCE SOUTH 71 DEGREES 02 VOLUME LXXI APRIL 12, 2006 335 MINUTES 36 SECONDS WEST A DISTANCE OF 991.62 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 139 DEGREES 49 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THERE FROM), A DISTANCE OF 1645.63 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 78 DEGREES 31 MINUTES 56 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THERE FROM), A DISTANCE OF 97.58 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 886.67 FEET, A DISTANCE OF 643.45 FEET TO A POINT OF TANGENCY; THENCE SOUTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 35.90 FEET TO THE AFOREMENTIONED SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 3; THENCE WESTERLY, ALONG SAID SOUTH LINE, A DISTANCE OF 323.83 FEET TO THE POINT OF BEGINNING, EXCEPTING THERE FROM THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1727.25 FEET; THENCE NORTH 89 DEGREES 30 MINUTES EAST, 231.15 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CENTER LINE 1176.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES EAST, 369.08 FEET; THENCE NORTH 89 DEGREES 49 MINUTES WEST, 362.0 FEET; THENCE SOUTHERLY 366.17 FEET TO A POINT ON SAID CENTER LINE THAT IS 362.1 FEET WESTERLY OF THE POINT OF BEGINNING, MEASURED ALONG SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER LINE, 362.1 FEET TO THE POINT OF BEGINNING; ALL IN KANE COUNTY, ILLINOIS. (PORTION 2) TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2 AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS (PER HISTORIC DEED, PREDOMINATELY): COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD; THENCE SOUTH 0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED SOUTHERLY 2682.0 FEET; THENCE SOUTH 16 DEGREES 39 MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0 FEET; THENCE NORTH 1 DEGREES 04 MINUTES WEST, 558.50 FEET; THENCE NORTH 0 DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE NORTH 0 DEGREES 58 MINUTES EAST, 1702.78 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER FOR A POINT OF BEGINNING; THENCE SOUTH O DEGREES 58 MINUTES WEST, ALONG THE LAST DESCRIBED COURSE, 1222.78 FEET TO A POINT THAT IS 480.0 FEET NORTH 0 DEGREES 58 MINUTES EAST OF THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE WESTERLY, ALONG A LINE FORMING AN APRIL 12, 2006 VOLUME LXXI 336 ANGLE OF 90 DEGREES 14 MINUTES 21 SECONDS WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFORM) 460.0 FEET; THENCE SOUTHERLY, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 25 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 440.0 FEET TO THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE WESTERLY, ALONG SAID CENTER LINE 1536.66 FEET TO A POINT THAT IS 633.60 FEET (9.60 CHAINS) EASTERLY OF THE WEST LINE OF SAID EAST HALF (MEASURED ALONG SAID SILVER GLEN ROAD CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED WESTERLY); THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 1436.78 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 694.49 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 1353.93 FEET TO THE POINT OF BEGINNING, ALL IN CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS. (PORTION 3) TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS(PER HISTORIC DEED, PREDOMINATELY): COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD; THENCE SOUTH 0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE TANGENT EXTENDED SOUTHERLY, 2682.0 FEET; THENCE SOUTH 16 DEGREES 39 MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0 FEET; THENCE NORTH 0 DEGREE 04 MINUTES WEST, 558.50 FEET; THENCE NORTH 0 DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN ROAD FOR A POINT OF BEGINNING; THENCE NORTH 0 DEGREES 58 MINUTES EAST, 480.0 FEET; THENCE WESTERLY, ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 14 MINUTES 21 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 460.0 FEET; THENCE SOUTHERLY, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 25 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 440.0 FEET TO THE CENTER LINE OF SAID SILVER GLEN ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, 490.0 FEET TO THE POINT OF BEGINNING, IN CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE SOUTH LINE OF SILVER GLEN ROAD. THAT PART OF THE SOUTH HALF OF SECTION 34 AND PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE NORTH HALF VOLUME LXXI APRIL 12, 2006 337 OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: (NORTHEASTERLY PORTION) COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 88 DEGREES 50 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1108.14 FEET (16.79 CHAINS) TO A POINT; THENCE NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG A LINE DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID POINT TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2451.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG SAID DRAWN LINE, A DISTANCE OF 446.28 FEET TO SAID CONCRETE MONUMENT; THENCE NORTH 07 DEGREES 19 MINUTES 41 SECONDS EAST, ALONG A LINE WHICH IS DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID CONCRETE MONUMENT TO A POINT ON THE NORTH LINE OF THE SAID SOUTHWEST QUARTER OF SECTION 35, 339.9 FEET (5.15 CHAINS) EAST OF THE NORTHWEST CORNER SAID QUARTER SECTION, A DISTANCE OF 980.63 FEET TO THE CENTERLINE ON MCDONALD ROAD; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CENTER LINE THE FOLLOWING FOUR (4) COURSES AND DISTANCES; (1) THENCE NORTH 74 DEGREES 01 MINUTES 36 SECONDS WEST A DISTANCE OF 977.33 FEET (978.19 FEET RECORD) TO A POINT OF CURVATURE; (2) THENCE WESTERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1637.02 FEET, A DISTANCE OF 529.30 FEET (529.52 FEET RECORD) TO A POINT OF TANGENCY; (3) THENCE SOUTH 87 DEGREES 26 MINUTES 52 SECONDS WEST A DISTANCE OF 1314.85 FEET (1314.28 FEET RECORD), POINT LYING ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; (4) THENCE SOUTH 86 DEGREES 56 MINUTES 37 SECONDS WEST A DISTANCE OF 62.70 FEET TO A POINT THAT IS 62.70 FEET WESTERLY OF SAID EAST LINE (MEASURED ALONG SAID CENTER LINE), BEING THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO HENRY O. LARSON AND ELIZABETH V. LARSON BY DEED RECORDED AS DOCUMENT 648085; THENCE SOUTH 01 DEGREES 40 MINUTES 47 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LARSON TRACT 776.0 FEET TO A POINT THAT IS 10.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID LARSON TRACT; THENCE NORTH 89 DEGREES 04 MINUTES 46 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID LARSON TRACT 24.88 FEET; THENCE SOUTH 21 DEGREES 56 MINUTES 11 SECONDS EAST 101.13 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 210.0 FEET, TANGENT TO THE LAST DESCRIBED COURSE, 104.64 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 390.5 FEET (390.00 FEET RECORD) TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 91.01 FEET (90.98 FEET RECORD); THENCE SOUTH 19 DEGREES 58 MINUTES 05 SECONDS WEST, TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 104.0 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 360.0 FEET, TANGENT TO THE LAST DESCRIBED COURSE 94.64 FEET (94.87 FEET RECORD) TO A LINE DRAWN PARALLEL WITH AND 59.25 FEET NORTHERLY APRIL 12, 2006 VOLUME LXXI 338 OF THE SOUTH LINE (MEASURED AT RIGHT ANGLES THERETO) OF SAID SOUTHWEST QUARTER SECTION 34; THENCE NORTH 88 DEGREES 51 MINUTES 14 SECONDS EAST, ALONG SAID PARALLEL LINE, 336.05 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 157 DEGREES 06 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 806.37 FEET; THENCE NORTH 28 DEGREES 13 MINUTES 08 SECONDS EAST A DISTANCE OF 201.72 FEET; THENCE SOUTH 68 DEGREES 25 MINUTES 29 SECONDS EAST A DISTANCE OF 230.50 FEET; THENCE SOUTH 58 DEGREES 52 MINUTES 26 SECONDS EAST A DISTANCE OF 211.10 FEET; THENCE SOUTH 88 DEGREES 23 MINUTES 53 SECONDS EAST A DISTANCE OF 483.72 FEET; THENCE SOUTH 82 DEGREES 49 MINUTES 25 SECONDS EAST A DISTANCE OF 373.74 FEET; THENCE SOUTH 68 DEGREES 46 MINUTES 43 SECONDS EAST A DISTANCE OF 107.58 FEET TO THE POINT OF BEGINNING (CONTAINING 90.4857 ACRES, MORE OR LESS); TOGETHER WITH THE FOLLOWING DESCRIBED: (SOUTHWESTERLY PORTION) COMMENCING AT THE AFORESAID SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 88 DEGREES 50 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1108.14 FEET (16.79 CHAINS) TO A POINT; THENCE NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG A LINE DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID POINT TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 737.22 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 15 SECONDS WEST A DISTANCE OF 750.38 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 40.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 33.51 FEET; THENCE SOUTH 69 DEGREES 42 MINUTES 25 SECONDS WEST A DISTANCE OF 1203.93 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 142 DEGREES 54 MINUTES 33 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 1448.0 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 117 DEGREES 39 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER- CLOCKWISE THERE FROM) 867.0 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 172 DEGREES 25 MINUTES 59 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THERE FROM) 741.0 FEET TO THE AFORESAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 51 MINUTES 14 SECONDS WEST, ALONG SAID PARALLEL LINE, 299.13 FEET TO THE WESTERLY LINE EXTENDED SOUTHERLY OF SAID LARSON TRACT; THENCE NORTH 00 DEGREES 03 MINUTES 14 SECONDS WEST, ALONG SAID EXTENDED WESTERLY LINE AND THE WESTERLY LINE OF SAID LARSON TRACT, 1122.09 FEET TO THE CENTER LINE OF SAID MCDONALD ROAD; THENCE SOUTH 81 DEGREES 53 MINUTES 33 SECONDS WEST, ALONG SAID CENTER LINE, 87.46 FEET TO A POINT THAT IS 435.60 FEET, MORE OR LESS, EASTERLY OF THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO BENJAMIN WALKER BY DEED RECORDED MARCH 3, 1855 IN BOOK 36, PAGE 623; THENCE SOUTH 00 DEGREES 36 MINUTES 16 SECONDS EAST, PARALLEL, MORE OR LESS, WITH THE EAST LINE OF SAID VOLUME LXXI APRIL 12, 2006 339 WALKER TRACT 1110.75 FEET; THENCE SOUTH 81 DEGREES 53 MINUTES 22 SECONDS WEST, PARALLEL, MORE OR LESS, WITH SAID CENTER LINE, 433.12 FEET TO THE NORTHERLY EXTENSION OF A LINE DRAWN PARALLEL WITH, AND 251.46 (3.81 CHAINS) FEET EASTERLY OF, AS MEASURED ALONG THE NORTH LINE THEREOF, THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 3, POINT BEING 7.32 FEET NORTH OF SAID NORTH LINE; THENCE SOUTH 00 DEGREES 26 MINUTES 52 SECONDS EAST, ALONG SAID EXTENDED LINE AND SAID PARALLEL LINE, A DISTANCE OF 2673.57 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 3; THENCE NORTH 88 DEGREES 50 MINUTES 33 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 2399.89 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 3; THENCE CONTINUING NORTH 88 DEGREES 50 MINUTES 33 SECONDS EAST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 323.83 FEET; THENCE NORTH 11 DEGREES 09 MINUTES 18 SECONDS EAST A DISTANCE OF 35.90 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 886.67 FEET, A DISTANCE OF 643.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 30 DEGREES 25 MINUTES 28 SECONDS WEST A DISTANCE OF 97.58 FEET; THENCE NORTH 71 DEGREES 02 MINUTES 36 SECONDS EAST A DISTANCE OF 991.62 FEET TO THE POINT OF BEGINNING (CONTAINING 94.4869 ACRES, MORE OR LESS); LYING IN KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE NORTH LINE OF MCDONALD ROAD. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis. 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 PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General APRIL 12, 2006 VOLUME LXXI 340 Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF 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. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use 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] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. 9. Elementary and secondary schools (821). 12. Museums, art galleries and botanical and zoological gardens (841). 15. Public Libraries (823). Construction Division. 17. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 20. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 21. "Radio and television antennas" [SR] (UNCL). 22. "Satellite dish antennas" [SR] (UNCL). 23. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 25. "Fences and walls" [SR] (UNCL). 26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. VOLUME LXXI APRIL 12, 2006 341 27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 29. "Refuse collection area" [SR]. 30. "Storage Tanks" [SR] (UNCL). 31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 32. "Temporary uses" [SR] (UNCL). 33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). 2. Child day care services (835). 3. "Institutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Mining Division. 10. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 12. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 13. "Conditional Commercial Antenna Tower" [SR] (UNCL). 14. Electric power generation (UNCL). 17. Local and suburban passenger transportation operators (411). 18. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 20. "Other radio and television antennas" [SR] (UNCL). 22. "Other satellite dish antennas" [SR] (UNCL). 23. Pipelines, except natural gas (461). 27. Refuse systems (4953). 32. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. APRIL 12, 2006 VOLUME LXXI 342 36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 37. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 38. "Parking structures" [SR] (UNCL). 39. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF 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 Zoning Ordinance. In this PCF zoning district, the site design regulations for individual parcels designated “park” or “open space” shall be the provisions of Section 19.30.135, Site Design, of the Elgin Zoning Ordinance. 1. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions: c. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for Stony Creek , including: 5. Preliminary Plat of Subdivision for Stony Creek West, prepared by Henderson and Bodwell, LLP, dated July 7, 2004. 6. Preliminary Engineering for Stony CreekWest, prepared by Henderson and Bodwell, LLP, dated July 7, 2004 and last revised May 16, 2005. 7. Preliminary Landscape Plan for Stony Creek West (Stony Creek), prepared by Signature Design Group, dated November 15, 2004. d. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife Service and applicable regulatory agencies for the Stony Creek West planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. c. Prior to the development of the Spring Creek Farms property the owner of the subject property shall be required to submit a VOLUME LXXI APRIL 12, 2006 343 development plan to the city for a public hearing and city council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. d. Conformance with all applicable codes and ordinances H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF 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. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF 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. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF 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. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as APRIL 12, 2006 VOLUME LXXI 344 amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. 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, 1976, as amended. Section 3. 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: April 12, 2006 Passed: April 12, 2006 Vote: Yeas: 5 Nays: 2 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-86 ADOPTED APPROVING PRELIMINARY PLAT FOR STONY CREEK EAST Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. VOLUME LXXI APRIL 12, 2006 345 Resolution No. 06-86 RESOLUTION APPROVING PRELIMINARY PLAT FOR STONY CREEK EAST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Henderson and Bodwell L.L.P., dated July 7, 2004, last revised October 10, 2005, for Stony Creek East. 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. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Vote: Yeas: 5 Nays: 2 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-87 ADOPTED APPROVING PRELIMINARY PLAT FOR STONY CREEK WEST Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Resolution No. 06-87 RESOLUTION APPROVING PRELIMINARY PLAT FOR STONY CREEK WEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Henderson and Bodwell L.L.P., dated July 7, 2004, for Stony Creek West. 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 APRIL 12, 2006 VOLUME LXXI 346 assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Vote: Yeas: 5 Nays: 2 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Walters, 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 Andres Medical Billing Ltd Wheeling, IL $11,264.51 Collection Services for February Stanley Consultants Chicago, IL $15,063.15 Trunk 60 Phase 1 Construction Inspection CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G26-06 through G30-06 and adopt Resolution Nos. 06-72 through 06-80, 06-82, 06-84, and 06-88 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI APRIL 12, 2006 347 ORDINANCE G26-06 PASSED ADOPTING THE "INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003 EDITION" AS THE PROPERTY MAINTENANCE CODE FOR THE CITY OF ELGIN Councilmember Gilliam 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. Ordinance No. G26-06 AN ORDINANCE ADOPTING THE “INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003 EDITION” AS THE PROPERTY MAINTENANCE CODE FOR THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.12 entitled “Property Maintenance Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: “Chapter 16.12 PROPERTY MAINTENANCE CODE Section: 16.12.010 Adopted 16.12.020 Additions, Insertions and Changes. 16.12.010 ADOPTED-EXCEPTIONS. That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Elgin, being marked and designated as the International Property Maintenance Code, 2003 Edition, as published by the International Code Council, be and is hereby adopted as and shall be known as the Property Maintenance Code of the City of Elgin for establishing minimum regulations governing the construction, alteration, addition, repair, removal, demolition, location, occupancy, and maintenance of all buildings and structures; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code, 2003 Edition are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes prescribed in this chapter. 16.12.020 ADDITIONS, INSERTIONS AND CHANGES. The International Property Maintenance Code, 2003 Edition, is amended and revised in the following respects: Section 101.1, entitled "Title”, shall be amended to read as follows: APRIL 12, 2006 VOLUME LXXI 348 These regulations shall be known as the Property Maintenance Code of the City of Elgin, hereinafter referred to within this chapter as “this code.” Section 101.3, entitled "Intent” shall be amended to read as follows: This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Elgin Municipal Code, 1976, as amended. Section 102.3, entitled "Application of other codes", shall be amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Elgin Municipal Code, 1976, as amended. Nothing in this code shall be construed to cancel, modify or set aside any provision of Title 19 of the Elgin Municipal Code, 1976. Section 103.1, entitled "General", shall be amended to read as follows: The property maintenance division of the department of code administration and development services is hereby created and the executive official in charge of the department of code administration and development services shall be known as the code official. Section 103.2, entitled "Appointment", shall be amended to read follows: The code official shall be appointed by the city manager. Section 103.5, entitled "Fees", shall be amended to read as follows: The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in of the Elgin Municipal Code, 1976, as amended. Section 106.4, entitled "Violation penalties", shall be amended to read as follows: Penalties shall be in accordance with the provisions set forth in Chapter 1.20 of the Elgin Municipal Code, 1976, as amended. Section 107.1, entitled “Notice to person responsible,” shall be amended to read as follows: Whenever the code official determines that there has been a violation of Section 108 of this code or has grounds to believe that a violation has occurred, notice shall be given in VOLUME LXXI APRIL 12, 2006 349 the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Section 107.3, entitled “Method of service,” shall be amended to read as follows: Such notice shall be deemed to be properly served if a copy thereof is either: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by the notice; or 3. Posting the notice in a conspicuous place in or about the structure affected by the notice. Section 108.2, entitled "Closing of vacant structures", shall be amended to read as follows: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Any enclosure order shall require the structure's window and door openings to be enclosed with wood painted in the same color as the window or door frame surrounding the opening and shall also require such wood to be positioned and secured flush with the interior border of the window or door frame surrounding the opening. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. Section 111.2, entitled Membership of the board, shall be amended to read as follows: The board of appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to the property maintenance code and two members at large who may or may not have such experience and training. The board shall be appointed by the mayor and city council. Section 111.2.1, entitled "Alternate members", shall be deleted in its entirety. Section 111.2.4, entitled "Secretary", shall be amended to read as follows: The code official shall designate a qualified person to serve as secretary to the board. The secretary shall maintain a detailed record of all board proceedings within the department. Section 111.2.5, entitled "Compensation of members", shall be deleted in its entirety. APRIL 12, 2006 VOLUME LXXI 350 Section 111.3, entitled “Notice of meeting”, shall be amended to read as follows: The board shall meet upon notice from the chairman or at stated periodic meetings. Section 111.4, entitled "Open hearing", shall be amended to read as follows: All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official or his designee and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than four board members. Section 111.5, entitled "Postponed hearing", shall be deleted in its entirety. Section 111.6, entitled "Board decision", shall be amended to read as follows: The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the board members present at the time of such vote. Section 111.7, entitled "Court review", shall be amended to read as follows: The appellant shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the issuance of the board's written decision. Section 201.3 entitled "Terms defined in other codes" shall be amended to read as follows: Where terms are not defined in this code and are defined in the Elgin Municipal Code, 1976, as amended, such terms shall have the meanings ascribed to them as in that codes. Section 202, entitled "General Definitions", shall be amended so that the definition of the term "Dwelling Unit", as set forth within said section, reads as follows: Dwelling unit. When used in this chapter, the term “dwelling unit” shall be ascribed the same meaning for that term as defined in Title 19 of this code Section 301.2, entitled “Responsibility”, shall be amended to read as follows: The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. No person shall occupy or permit any other person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. VOLUME LXXI APRIL 12, 2006 351 Section 302.3, entitled “Sidewalks and driveways”, shall be amended to read as follows: All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. All driveways, parking lots and parking spaces paved with asphalt shall be regularly maintained with periodic sealcoating to protect the asphalt surface from the damaging effects of water, gasoline, oil, salt and chemicals whenever cracks in the asphalt surface are present. No driveway, parking lot or parking space may be created or expanded by using gravel or any similar loose stone surface. All parking lot striping shall be maintained. All striping applied to driveways, parking lots and parking spaces shall be maintained so that the paint or other material used for the striping is clearly visible and the purpose for which the striping has been applied is readily recognizable. Section 302.4, entitled "Weeds", shall be amended to read as follows: All premises and exterior property shall be maintained free from weeds in excess of 8 inches. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided: however, this term shall not include cultivated flowers and gardens. All noxious weeds shall be prohibited. Noxious weeds shall include the following: ragweed, giant and common; Canada thistle, all varieties; perennial sow thistle; European bind weed; hoary cress; leafy spurge; and Russian knapweed. Section 302.8.1, entitled "Motor vehicle sales", shall be created to read as follows: The selling of previously owned vehicles from any premises zoned for residential use is permitted, subject to the following restrictions: 1. Not more than two (2) vehicles may be offered for sale during any twelve (12) month period. 2. A vehicles being offered for sale must be titled to the current resident or of the property upon which the vehicle is being offered for sale. 3. A vehicle may be offered for a period not exceeding twenty-one (21) days within a twelve (12) month period. 4. Any vehicle being offered for sale shall be operable and properly licensed. The selling of previously owned vehicles from any property in the city not zoned for residential use is prohibited unless the property on which the previously owned vehicle is being sold has been issued a certificate of occupancy or a certificate of reoccupancy for a land use that permits the sale of previously owned vehicles at that location. Section 302.10, entitled “Residential storage”, shall be created to read as follows: APRIL 12, 2006 VOLUME LXXI 352 Household items incidental to and commonly and customarily associated with a dwelling unit shall be stored entirely within an enclosed building. Section 302.11, entitled “Commercial storage”, shall be created to read as follows: Items incidental to and commonly and customarily associated with the principal use established on any premises zoned for business, commercial or industrial land uses shall be stored within an enclosed building. The prohibitions of this section shall not apply to any lawfully established “commercial operations yard,” as that term is defined in the Elgin Municipal Code. Section 302.12, entitled “Refuse collection area”, shall be created to read as follows: All premises with more than four (4) dwelling units located in either the RC2 Residence Conservation District or the RC3 Residence Conservation District, and all premises located in the MFR Multiple-Family Residence Zoning District, CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District or CI Commercial Industrial District shall establish a refuse collection area on the premises. The refuse collection area shall be screened from view from adjoining property and public rights of way by a solid fence or wall at minimum structure height of six (6) linear feet and shall not be located within a required building setback from any type of lot line and such refuse collection areas. For the purposes of this section “refuse collection area” shall be defined as any portion of the premises where refuse is stored in approved enclosures such as a "garbage can" or "garbage dumpster" until removed by a refuse disposal service. Section 302.13, entitled “Mobile storage containers”, shall be created to read as follows: No mobile storage container shall remain on the exterior property area of any premises for more than fourteen (14) days within any twelve (12) month period while such property is owned by the same record owner. Mobile storage containers shall be placed on a paved surface and the placement of the mobile storage container shall not encroach the public right-of-way. For the purposes of this section, a “mobile storage container” shall be defined as any container designed for on-site, exterior storage that is capable of being transported to distant locations by a commercial motor vehicle and is generally sized to accommodate the contents of an approximately 1200 square-foot or greater dwelling unit. Section 302.14, entitled “Holiday decorations”, shall be created to read as follows: Decorations, including signs, that are clearly incidental, customary, and commonly associated with a national, local, or religious holiday, may be displayed for a period of not more than sixty (60) days within a calendar year, and may be of any type, number, area, height, location, illumination or animation, provided that no such holiday decoration or sign shall be utilized for the purpose of advertising. VOLUME LXXI APRIL 12, 2006 353 Section 302.2.15, entitled “Groundcover”, shall be created to read as follows: Groundcover. Exterior property not covered by approved paving material shall be covered by natural groundcover in sufficient quantities to reasonably cover all otherwise exposed soil or ground, except as otherwise provided herein. Alternatively, any exterior property not covered by approved paving material may be covered by decorative stone or mulch in sufficient quantities to reasonably cover all otherwise exposed soil or ground provided such decorative stone or mulch does not to exceed twenty-five percent of the total area of the zoning lot. All groundcover shall comply with the noxious weed and height provisions of Chapter 9.16 and Chapter 16.12 of the Elgin Municipal Code, 1976, as amended. The provisions of this section shall not apply to the following: A. Cultivated flowers and gardens; B. Active construction sites; C. Areas maintained and utilized for organized sporting or entertainment purposes, which purposes require the existence of particular surfaces other than as provided herein; provided, however, that no such purpose shall be deemed to constitute an exception to the provisions of Chapter 9.16 and Chapter 16.12 of the Elgin Municipal Code, 1976, as amended. D. Areas which are physically incapable of supporting natural groundcover. Section 302.16, entitled “Tree maintenance”, shall be created to read as follows: A. Dead, decayed or hazardous trees located on private property shall be pruned or removed under the direction and supervision of the code official or his or her representative. B. The owner of a lot or parcel of land upon which a dead, decayed, diseased, defective or hazardous tree is found and fails to comply with an order of the code official to remove or prune such tree within 30 days of the notice ordering such removal shall be deemed in violation of this section. C. The code official shall be authorized to order the removal or pruning of any dead, decayed, diseased, defective or hazardous tree, located on private property in the city . D. The code official or his or her representative shall be authorized to enter upon any premises within the city to remove or treat a dead, decayed, diseased, defective or hazardous tree if the owner of such premises fails to comply with the code official’s order to prune or remove the tree. E. When the city has pruned or removed a dead, decayed, diseased, defective or hazardous tree in accordance with this section, and such owner refuses or neglects to pay the cost of the city’s pruning or removal of the dead, decayed, diseased, defective or APRIL 12, 2006 VOLUME LXXI 354 hazardous tree within ten (10) days after the city’s mailing of a statement of the costs for the pruning or removing the dead, decayed, diseased, defective or hazardous tree, the code official, or his or her designee, on behalf of the city, shall file a notice of lien within sixty (60) days after such cost and expense is incurred in the office of the recorder of deeds of the county in which the property is located. Said lien shall be a lien against the real estate superior to all other liens and encumbrances except tax liens. However, said liens shall not be valid to any purchaser whose rights in and to such real estate have arisen subsequent to the removal of the dead, decayed, diseased, defective or hazardous tree and prior to the filing of notice of lien, and said lien shall not be valid as to any mortgagee, judgment, creditor or other lien payment whose rights in and to such real estate arise prior to the filing of such notice. The notice of lien shall consist of a sworn statement, setting out a description of the real estate sufficient for the identification thereof, the amount of money representing the cost and expense and administrative fee incurred and payable for the service, and the date or dates when such cost and expense was incurred. F. After the notice of lien provided for in this section has been filed, upon payment to the city for the cost and expense of said lien and payment of the release of lien fee by the owner or any other persons interested in the property, the lien shall be released by the city clerk on behalf of the city. The fee for issuing a release of lien filed pursuant to this section shall be $25.00. Section 302.17, entitled “Dead or decaying plants”, shall be created to read as follows: All exterior property areas shall be maintained free from dead or decaying plants. The prohibitions of this section shall not apply to any tree stump with a height of not more than twenty-four inches (24") above the ground. Section 304.13.3, entitled “Exterior window covering”, shall be created to read as follows: No exterior surface on any window, skylight or door shall be covered or insulated with any material consisting of plastic, paper, foil or fiberglass, with the exception of manufactured storm windows utilizing what is commonly referred to as “plexiglass.” Section 304.14, entitled "Insect screens", shall be amended to read as follows: During the period from May 1 to October 31, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellant fans are employed. VOLUME LXXI APRIL 12, 2006 355 Section 305.3, entitled "Interior surfaces", shall be amended to read as follows: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. Floors located in kitchens, bathrooms and toilet rooms shall be installed and maintained with materials rendering the floors impervious to water. Section 401.2, entitled "Light, Ventilation and Occupancy Limitations; Responsibility”, shall be amended to read as follows: The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy any premises or permit another person to occupy any premises that do not comply with the requirements of this chapter. Section 401.3 entitled "Alternative devices" shall be amended to read as follows: In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Elgin Municipal Code, 1976, as amended, shall be permitted. Section 403.5, entitled "Clothes dryer exhaust", shall be amended to read as follows: Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer’s instructions unless the manufacturer's instructions expressly authorize interior venting. The owner or occupant of the dwelling unit shall have the burden of demonstrating the clothes dryer venting system conforms with the manufacturer's instructions. Section 404.4.2, entitled "Access from bedrooms", shall be amended to read as follows: Bedrooms shall not constitute the only means of providing interior access to other bedrooms or habitable spaces. Exception: Dwelling units that contain fewer than two bedrooms. Section 501.2, entitled "Plumbing Facilities and Fixtures Requirements; Responsibility", shall be amended to read as follows: The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy any premises or permit another person to occupy any premises which does not comply with the requirements of this chapter. Section 505.1, entitled "General" shall be amended to read as follows: APRIL 12, 2006 VOLUME LXXI 356 Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Elgin Municipal Code, 1976, as amended. Section 507.1, entitled "Storm drainage; General", shall be amended to read as follows: Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Notwithstanding anything to the contrary provided in this code, sump pump drainage shall not be discharged onto or across any adjacent building, premises or public street or sidewalk. Section 601.2, entitled "Mechanical and Electrical Requirements; Responsibility", shall be amended to read as follows: The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy any premises or permit another person to occupy any premises not comply with the requirements of this chapter. Section 602.2, entitled "Residential occupancies", shall be amended to read as follows: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F. (18°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the 2003 International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Section 602.3, entitled "Heat supply", shall be amended to read as follows: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to May 31 to maintain a temperature of not less than 65°F (18°C) in all habitable rooms, bathrooms, and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the city, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the 2003 International Plumbing Code. Section 602.4, entitled “Occupiable work spaces”, shall be amended to read as follows: VOLUME LXXI APRIL 12, 2006 357 Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 31 to maintain a temperature of not less than 65°F. (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. Section 604.2 entitled "Service" shall be amended to read as follows: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Elgin Municipal Code, 1976, as amended. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. Section 701.2, entitled "Fire Safety Requirements; Responsibility", shall be amended to read as follows: The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy any premises or permit another person to occupy any premises that do not comply with the requirements of this chapter. Section 702.1 entitled "General" shall be amended to read as follows: A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Elgin Municipal Code, 1976, as amended. Section 702.2 entitled "Aisles" shall be amended to read as follows: The required width of aisles in accordance with the Elgin Municipal Code, 1976, as amended shall be unobstructed. Section 702.3 entitled "Locked doors" shall be amended to read as follows: All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Elgin Municipal Code, 1976, as amended. Section 702.4, entitled “Emergency escape openings”, shall be amended to read as follows: APRIL 12, 2006 VOLUME LXXI 358 Every sleeping room located in a basement in residential and group home occupancies shall have at least one openable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits. Every basement area in residential and group home occupancies which includes a kitchen or an area with cooking facilities shall have at least one exterior door approved for emergency egress, or shall have access to not less than two approved independent exits. Exception: Buildings equipped throughout with an automatic fire suppression system. Section 704.1 entitled "General" shall be amended to read as follows: All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Elgin Municipal Code, 1976, as amended. Section 704.2, entitled "Smoke alarms", shall be amended to read as follows: A. DEFINITIONS For the purposes of this section: "Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type, which complies with all the requirements of the Rules and regulations of the Illinois State Fire Marshal. "Dwelling unit" means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed-use building. "Hotel" means any building or buildings maintained, advertised, or held out to the public to be a place where lodging is offered for consideration to travelers and guests. "Hotel" includes inns, motels, tourist homes or courts, bed and breakfast establishments and lodging houses. B. INSTALLATION 1. Every dwelling unit shall be equipped with at least one approved smoke detector in an operating condition within 15 feet of every room used for sleeping purposes. The detector shall be installed on the ceiling and at least 6 inches from any wall, or on a wall located between 4 and 6 inches from the ceiling. 2. Every single family residence shall have at least one approved smoke detector installed on every story of the dwelling unit, including basements but not including unoccupied attics. In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level if the lower level is less than one full story VOLUME LXXI APRIL 12, 2006 359 below the upper level; however, if there is an intervening door between the adjacent levels, a smoke detector shall be installed on each level. 3. Every structure which (1) contains more than one dwelling unit, or (2) contains at least one dwelling unit and is a mixed-use structure, shall contain at least one approved smoke detector at the uppermost ceiling of each interior stairwell. The detector shall be installed on the ceiling, at least 6 inches from the wall, or on a wall located between 4 and 6 inches from the ceiling. 4. It shall be the responsibility of the owner of a structure to supply and install all required detectors. The owner shall be responsible for making reasonable efforts to test and maintain detectors in common stairwells and hallways. It shall be the responsibility of a tenant to test and to provide general maintenance for the detectors within the tenant's dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies which the tenant cannot correct. The owner shall be responsible for providing one tenant per dwelling unit with written information regarding detector testing and maintenance. The tenant shall be responsible for replacement of any required batteries in the smoke detectors in the tenant's dwelling unit, except that the owner shall ensure that such batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the smoke detector which have been reports in writing to the owner or the authorized agent of the owner. 5. The requirements of this Section shall apply to any dwelling unit in existence on July 1, 1988, beginning on that date. Except as provided in subsections 6 and 7, the smoke detectors required in such dwelling units may be either battery powered or wired into the structure's AC power line, and need not be interconnected. 6. In the case of any dwelling unit that is newly constructed, reconstructed, or substantially remodeled after December 31, 1987, the requirements of this Section shall apply beginning on the first day of occupancy of the dwelling unit after such construction, reconstruction or substantial remodeling. The smoke detectors required in such dwelling unit shall be permanently wired into the structure's AC power line, and if more than one detector is required to be installed within the dwelling unit, the detectors shall be wired so that the actuation of one detector will actuate all the detectors in the dwelling unit. 7. Every hotel shall be equipped with operational portable smoke-detecting alarm devices for the deaf and hearing impaired of audible and visual design, available for units of occupancy. Specialized smoke-detectors for the deaf and hearing impaired shall be available upon request by guests in such hotels at a rate of at least one such smoke detector per 75 occupancy units or portions thereof, not to exceed 5 such smoke detectors per hotel. APRIL 12, 2006 VOLUME LXXI 360 Incorporation or connection into an existing interior alarm system, so as to be capable of being activated by the system, may be utilized in lieu of the portable alarms. Operators of any hotel shall post conspicuously at the main desk a permanent notice, in letters at least 3 inches in height, stating that smoke detector alarm devices for the deaf and hearing impaired are available. The proprietor may require a refundable deposit for a portable smoke detector not to exceed the cost of the detector. C. TAMPERING Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code. Section 704.3, entitled "Power source", shall be deleted in its entirety. Section 704.4, entitled "Interconnection ", shall be deleted in its entirety. Chapter 8, entitled "Referenced Standards", in the subsection of said chapter entitled "Codes", shall be amended to delete the words "IPC—03 International Plumbing Code .......... 201.3, 505.1, 602.2, 602.3" and replace said language with the following: Illinois Plumbing Code, as amended (77 Illinois Administrative Code, Chapter I, Subchapter R, Part 890)............................. 102.3, 201.3, 505.1.” Section 2. That Section 1.20.060, subparagraph B, of the Elgin Municipal Code, 1976, as amended, entitled “Violation and Settlement Schedule,” be and is hereby further amended to read as follows: “B. Citations issued for violation of those sections specified above in subsection A of this Section may be settled and compromised by payment of the sum of fifty dollars ($50.00) if paid within ten (10) days of service of the citation and one hundred dollars ($100.00) if paid after such ten (10) day period, but before filing of a complaint in the Circuit Court of Kane County.” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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 VOLUME LXXI APRIL 12, 2006 361 Presented: April 12, 2006 Passed: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G27-06 PASSED AMENDING CHAPTER 3.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ELGIN IMAGE ADVISORY COMMISSION" Councilmember Gilliam 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. Ordinance No. G27-06 AN ORDINANCE AMENDING CHAPTER 3.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ELGIN IMAGE ADVISORY COMMISSION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.24.010 of the Elgin Municipal Code, 1976, as amended, entitled "Creation" be and is hereby further amended to read as follows: "3.24.010: CREATION AND MEMBERSHIP: There is created an image advisory commission entitled the Elgin Image Advisory Commission composed of nine (9) members to be appointed by the City Council. Each member shall serve for a term of three (3) years. Terms shall expire on May 1 of the year of the termination. The City Council shall designate the chairman of the Commission from among the members thereof." Section 2. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 3. 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 APRIL 12, 2006 VOLUME LXXI 362 Presented: April 12, 2006 Passed: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-72 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE OUTSIDE EXHIBITION GROUP FOR THE RIB FESTIVAL 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. 06-72 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE OUTDOOR EXHIBITION GROUP 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 Purchase of Service Agreement on behalf of the City of Elgin with the Outdoor Exhibition Group for a rib festival to be held on Walton Island on May 29, 2006, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI APRIL 12, 2006 363 RESOLUTION 06-73 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR PURCHASE OF TWO MOBILE DATA TERMINALS 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. 06-73 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR PURCHASE OF TWO MOBILE DATA TERMINALS 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 an agreement on behalf of the City of Elgin with Motorola, Inc. for the purchase of two mobile data terminals, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-74 ADOPTED APPROVING THE GRANT RECIPIENT ELIGIBILITY LIST UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM 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. APRIL 12, 2006 VOLUME LXXI 364 Resolution No. 06-74 RESOLUTION APPROVING THE GRANT RECIPIENT ELIGIBILITY LIST UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM WHEREAS, the Historic Architectural Rehabilitation Grant Program has been established to provide financial assistance and incentives for property owners in Elgin's historic districts and individual landmarks in the restoration of their properties; and WHEREAS, in 2006 applications have been made for 27 projects under the Historic Architectural Rehabilitation Grant Program; and WHEREAS, said applications have been submitted to the Elgin Heritage Commission which conducted a review and scored applications based upon objective criteria and forwarded an eligibility list to the City Council which has reviewed and approved the list. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $100,000 is allocated for the following projects approved under the grant recipient eligibility list: Owner Address Grant Scott and Laura Powers 900 N. Spring Street $ 6,740 Chad Lacek 376 Park Street $10,000 Jason and Kristin Campbell 433 Division Street $10,000 Elizabeth Tierney 375 Prairie Street $10,000 Paul Eyrich 809 N. Spring Street $10,000 John and Elizabeth O'Malley 170 River Bluff Road $10,000 Roy and Linda Voss 440 East Chicago Street $ 9,159 Luis Cabrera 164 Lincoln Avenue $10,000 Glen and Susan Holland 770 Highland Avenue $ 4,454 Kimberly Mazzarisi 570 Division Street $ 5,900 Kathryn and Daniel Skaggs 552 East Chicago Street $ 4,750 Tom and Donna Leetz 364 Division Street $ 8,997 TOTAL $100,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI APRIL 12, 2006 365 Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-75 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS 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. 06-75 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT FURTHER RESOLVED that Sean R. Stegall and David Parulo be and are hereby reappointed as members of the Elgin Area Convention and Visitors Bureau, for a term to expire December 31, 2007. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 12, 2006 VOLUME LXXI 366 RESOLUTION 06-76 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE INSTITUTE FOR PUBLIC SAFETY PERSONNEL FOR ASSESSMENT SERVICES FOR FIRE DEPARTMENT PROMOTIONS 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. 06-76 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. FOR FIRE DEPARTMENT PROMOTIONAL TESTING 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 an agreement on behalf of the City of Elgin with the Institute for Public Safety Personnel, Inc. for fire department promotional testing, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-77 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR USE OF FEDERAL FUNDS FOR RIGHT OF WAY ACQUISITION IN THE DUNDEE/SUMMIT INTERSECTION IMPROVEMENTS PROJECT 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 APRIL 12, 2006 367 Resolution No. 06-77 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR USE OF FEDERAL FUNDS FOR RIGHT OF WAY ACQUISITION IN THE DUNDEE/SUMMIT INTERSECTION IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Local Agency Agreement with the Illinois Department of Transportation on behalf of the City of Elgin for use of federal funds for right of way acquisition in connection with the Dundee/Summit Intersection Improvements Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-78 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (1635 W. HIGHLAND AVENUE-ST. THOMAS MORE CHURCH AND SCHOOL) 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. 06-78 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (1635 West Highland Avenue-St. Thomas More Church and School) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public street prepared by Hampton, Lenzini and Renwick, Inc., an Illinois Land Surveyor, and last revised January 19, 2006, for the property legally described as follows: APRIL 12, 2006 VOLUME LXXI 368 Part of the Northwest Quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The Northerly 40.00' of the following described property as measured perpendicular to the Northerly line thereof: Commencing at the Northwest corner of said Northwest Quarter; thence East along the North line of said Quarter Section 437.58 feet; thence South parallel with the West line of said quarter Section to the centerline of Highland Avenue Road; thence Southeasterly along the centerline 67.19 feet for the point of beginning; thence South parallel with the West line of said Quarter Section, 838.39 feet; thence Easterly along a line forming an angle of 91'02' to the left with the prolongation of the last described course, 831.42 feet; thence Northerly 670.73 feet to a point on the centerline of said Highland Avenue Road, 827.2 feet Southeasterly of the point of beginning; thence Northwesterly along said centerline 827.2 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois Situated in the City of Elgin, Kane County, Illinois and containing 0.76 acre more or less. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-79 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA 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 APRIL 12, 2006 369 Resolution No. 06-79 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA 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 a Purchase of Service Agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra for youth programming and general operational support, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-80 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH TECNICA ENVIRONMENTAL, INC. FOR ENVIRONMENTAL REMEDIATION AT 464 MCBRIDE STREET 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. 06-80 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH TECNICA ENVIRONMENTAL, INC. FOR ENVIRONMENTAL REMEDIATION AT 464 MCBRIDE STREET WHEREAS, the City of Elgin has heretofore entered into a contract with Tecnica Environmental, Inc. for environmental remediation at 464 McBride Street; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. APRIL 12, 2006 VOLUME LXXI 370 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. , a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G28-06 PASSED GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT IN THE PCC2 PLANNED CENTER CITY DISTRICT (79 CLOCK TOWER PLAZA) (PETITION 13-06) Councilmember Gilliam 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. Ordinance No. G28-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT IN THE PCC2 PLANNED CENTER CITY DISTRICT (79 Clock Tower Plaza) WHEREAS, written application has been made requesting conditional use approval for a carryout restaurant in the PCC2 Planned Center City District at 79 Clock Tower Plaza; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXI APRIL 12, 2006 371 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 1, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit a carryout restaurant in the PCC2 Planned Center City District located at 79 Clock Tower Plaza, and legally described as follows: Parcel One: That part of Block 1 of Sherman’s addition to Elgin, described as follows: Beginning at the Northeast corner of said Block 1; thence Southwesterly along the Northerly line of said Block 1, a distance of 574.30 feet (record being 574.53 feet); thence Southeasterly along a monumented line that forms an angle of 90 degrees, 59 minutes, 19 seconds (record being 91 degrees, 00 minutes, 0 seconds) to the left with the prolongation of the last described course, a distance of 915.17 feet (record being 915.00 feet); thence Northeasterly along a monumented line that forms an angle of 88 degrees, 59 minutes, 10 seconds to the left with the prolongation of the last described course (record being parallel with the Northerly line of said Block 1), a distance of 323.83 feet (record being 323.86 feet); thence Northwesterly along a monumented line that forms an angle of 89 degrees, 58 minutes, 39 seconds to left with the prolongation of the last described course (record being at right angles to the last described course), a distance of 69.97 feet (record being 70.00 feet); thence Northeasterly along a monumented line that forms an angle of 89 degrees, 57 minutes, 13 seconds to the right with the prolongation of the last described course (record being parallel with the Northerly line of said Block 1), a distance of 249.98 feet (record being 250.00 feet) to the Easterly line of said Block 1; thence Northwesterly along said Easterly line being along a curve to the left having a radius of 4915.28 feet, a distance of 846.40 feet (record being 846.50 feet) to the point of beginning. Except therefrom the North 9.00 feet (measured at right angles to the Northerly line of said Block 1) dedicated for a public street by Document No. 1919284. Being situated in the City of Elgin, Kane County, Illinois. Parcel Two: A non exclusive easement for the purpose of transmitting water, sewage, gas, electricity and other utilities of like or dissimilar nature for the benefit of Parcel One, as created in the Grant of Easement dated May 14, 1970 and recorded June 8, 1970 as Document 1165857, over, upon and across the following described property: part of Block 1 of Sherman’s Addition to Elgin, described as follows: Commencing at the Northeast corner of said Block 1; thence Southwesterly along the Northerly Line of said Block 1, a distance of 574.53 feet for the place of beginning; thence Southeasterly along a line that forms an angle of 91 degrees, 00 minutes, 0 seconds to the left with the prolongation of the last described course, a distance of 915.0 feet; thence Southwesterly Parallel with the Northerly line of said Block 1, a distance of 40.0 feet; thence Northwesterly along a line that forms an angle of 0 degrees, 0 minutes, 0 seconds 89, Township 00 APRIL 12, 2006 VOLUME LXXI 372 North, Range 0 to the right with the prolongation of the last described course, a distance of 915.0 feet to the Northerly line of said Block 1; thence Northeasterly along said Northerly line, a distance of 40.0 feet to the place of beginning; in the City of Elgin, Kane County, Illinois (Property Commonly Known as 79 Clock Tower Plaza). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Kashan Ahmand and Amman Ahmad, dated February 3, 2006. 2. Substantial conformance with the Site Plan/Floor Plan submitted by Kashan Ahmand and Amman Ahmad, dated February 3, 2006. 3. Compliance with all other 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 immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Passed: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-81 ADOPTED FOR THE ILLINOIS MUNICIPAL RETIREMENT FUND OUT-OF-STATE CREDIT AUTHORIZATION FOR SEAN R. STEGALL Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to authorize the Illinois Municipal Retirement Fund regarding out-of-state credit for Sean R. Stegall. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI APRIL 12, 2006 373 APRIL 12, 2006 VOLUME LXXI 374 ORDINANCE G29-06 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A FRONT AND A REAR PORCH IN THE RC3 RESIDENCE CONSERVATION DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (73 NORTH LIBERTY STREET) (PETITION 14-06) Councilmember Gilliam 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. Ordinance No. G29-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A FRONT AND A REAR PORCH IN THE RC3 RESIDENCE CONSERVATION DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (73 North Liberty Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a front porch and a rear porch within the RC3 Residence Conservation District and the ARC Arterial Road Corridor Overlay District at 73 North Liberty Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 March 1, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development which will allow for the construction of a front and a rear porch within the RC3 Residence Conservation District and the ARC Arterial Road Corridor District at 73 North Liberty Street and legally described as follows: Lot 4 in Block 1 in Jonathon Forces Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 73 North Liberty Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance submitted VOLUME LXXI APRIL 12, 2006 375 by Mr. John Wiedmeyer, dated September 1, 2005. 2. Substantial conformance to the Site Plan/Porch Elevation Plans submitted by Mr. John Wiedmeyer, dated February 6, 2006. 3. Conformance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. 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: April 12, 2006 Passed: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-82 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION PHASE SERVICES FOR THE BOWES ROAD BOOSTER PUMP 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. Resolution No. 06-82 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION PHASE SERVICES FOR THE BOWES ROAD BOOSTER PUMP 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 a First Amendment Agreement on behalf of the City of Elgin APRIL 12, 2006 VOLUME LXXI 376 with Burns & McDonnell Engineering Company, Inc. for construction phase services for the Bowes Road Booster Pump Station, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-88 ADOPTED APPROVING FINAL PLAT FOR WATERFORD SUBDIVISION-NEIGHBORHOOD 3 (3101 WATER 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. 06-88 RESOLUTION APPROVING FINAL PLAT FOR WATERFORD SUBDIVISION - NEIGHBORHOOD 3 (3101 Water Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Manhard Consulting, Ltd. dated June 25, 2004 and last revised September 13, 2005 for Waterford Subdivision – Neighborhood 3. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI APRIL 12, 2006 377 RESOLUTION 06-84 ADOPTED AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK FOR THE CENTRAL BUSINESS DISTRICT TRAFFIC SIGNAL UPGRADE PROJECT 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. 06-84 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK FOR THE CENTRAL BUSINESS DISTRICT TRAFFIC SIGNAL UPGRADE PROJECT 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 a Second Amendment Agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick for the Central Business District Traffic Signal Upgrade Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G30-06 PASSED AMENDING TITLE 19 ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Gilliam 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. APRIL 12, 2006 VOLUME LXXI 378 Ordinance No. G30-06 AN ORDINANCE AMENDING TITLE 19, ENTITLED “ZONING,” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to the list of arterial streets in the supplementary regulations; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council concurs in the findings and recommendation of the Planning and Development Commission; and 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 the definition of "Street Arterial" in section 19.90.015 entitled "Definitions and Regulations" to read as follows: “STREET, ARTERIAL: A "street" [SR] which has continuity between municipalities or other urban centers, which has continuity through the city, or which intersects with three (3) or more "limited access arterial streets" [SR], or other arterial streets, and which affords a primary means of access for intersecting streets and for adjoining "lots of record" [SR] at a limited number of locations. The arterial streets shall be McLean Boulevard, State Route 31 (State Street), Dundee Avenue, Villa Street, Center Street (between Dundee Avenue and Villa Street), State Route 25 (St. Charles Street, Bluff City Boulevard, Liberty Street, Dundee Avenue), Big Timber Road, Highland Avenue, Larkin Avenue, Kimball Street, Congdon Avenue (east of State Route 25), State Route 58 (Summit Street east of Dundee Avenue), State Route 19 (East Chicago Street), Nesler Road, Coombs Road, Bowes Road, Russell Road, Damish Road, McDonald Road, Silver Glen Road, Corron Road, Muirhead Road, Plank Road and State Route 20 (west of Weld Road). ” Section 2. That chapter 19.90 entitled “Supplementary Regulations,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending the definition of "Street, Limited Access Arterial" in section 19.90.015 entitled "Definitions and Regulations" to read as follows: VOLUME LXXI APRIL 12, 2006 379 “STREET, LIMITED ACCESS ARTERIAL: A "street" [SR] which has continuity between municipalities or other urban centers, and which affords a primary means of access for intersecting streets at a substantially limited number of designated locations. Limited access arterial streets shall include Interstate 90, State Route 20 (east of Weld Road), Randall Road, and other arterial streets, as may be designated by the city council.” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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: April 12, 2006 Passed: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 13, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, 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. Sales Tax Report for December 2005 Telecommunications Tax Report for December 2005 Elgin Area Convention & Visitors Bureau Board of Directors Minutes for February 14, 2006 Liquor Control Commission Minutes for February 1, 2006 and March 1, 2006 Parks and Recreation Board Minutes for January 31, 2006 and February 28, 2006 Elgin Police Pension Fund Minutes for October 27, 2005 Veterans Memorial Park Committee Minutes for February 15, 2006 Planning and Development Commission Minutes for December 19, 2005 Zoning and Subdivision Hearing Board Minutes for March 1, 2006 Committee of the Whole Minutes for March 8, 2006 City Council Minutes for March 8, 2006 Disbursement Report APRIL 12, 2006 VOLUME LXXI 380 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 8:03 p.m. s/Dolonna Mecum April 26, 2006 Dolonna Mecum, City Clerk Date Approved