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HomeMy WebLinkAboutj - May 24 433 VOLUME LXXI MAY 24, 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 May 24, 2006, in the Council Chambers. The meeting was called to order by City Clerk Mecum at 7:09 p.m. The Invocation was given by Pastor Willie Tate from Progressive Baptist Church and the Pledge of Allegiance was led by Councilmember David Kaptain. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Absent: Mayor Schock. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to appoint Councilmember Walters as Mayor Pro Tem. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. MINUTES OF THE MAY 10, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve the May 10, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. RECOGNIZE PERSONS PRESENT Gordon Schnulle made an announcement regarding the Memorial Day events. He stated that bus service to Bluff City Boulevard will be provided by Senior Services Associates from 10 to 11 a.m. and members of Amvets will be available to assist getting people on and off the bus. Norma Miess, Executive Director of Downtown Neighborhood Association (DNA), thanked the City of Elgin and the Police and Fire Departments for their assistance with the recent Cinco de Mayo Parade and carnival. They were successful events which produced leads for businesses considering locating in downtown Elgin. She also announced that the weekly Harvest Market will start on June 15 and be held every Thursday afternoon throughout the summer. They are also getting ready for the 4th of July Parade. VOLUME LXXI MAY 24, 2006 434 BID 05-077 AWARDED A CONTRACT TO JACOBI CARBONS, INC. AS THE NEW VENDOR FOR POWDERED ACTIVATED CARBON FOR THE CITY OF ELGIN Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to terminate the existing contract with Cal-Pacific and to award the balance of the contract to the third lowest bidder, Jacobi Carbons, Inc., as the new vendor for the City for the purchase of powdered activated carbon in the amount of $124,920. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. BID 06-047 AWARDED TO RON BAKER PAINTING FOR 2006 DECORATIVE STREET LIGHT PAINTING PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to award the 2006 Decorative Street Light Painting Project to Ron Baker Painting in the amount of $32,560. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. BID 06-049-051 AWARDED TO RON HOPKINS FORD AND FREEWAY FORD FOR THE PURCHASE OF REPLACEMENT VEHICLES FOR VARIOUS DEPARTMENTS Councilmember Rodgers made a motion, seconded by Councilmember Walters, to award the purchase of one full size pickup truck to Ron Hopkins Ford for $21,993 after trade in, and the purchase of one utility cab and one cut-a-way van from Freeway Ford for $71,126.03 after trade in, with a total combined cost of $93,119.03. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. BID 06-054 AWARDED TO UTILITY DYNAMICS FOR 2006 TRAFFIC SIGNAL PAINTING PROGRAM Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to award the 2006 Traffic Signal Painting Program to Utility Dynamics for the contract price of $40,700. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF ONE FIRE INSPECTION VEHICLE FOR THE FIRE DEPARTMENT FROM LANDMARK FORD THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to approve the purchase of one 2006 Ford Explorer from Landmark Ford for $20,246 through the State of Illinois Joint Purchase Program for the Fire Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. MAY 24, 2006 VOLUME LXXI 435 CONTRACT APPROVED FOR THE PURCHASE OF MISCELLANEOUS OFFICE SUPPLIES FROM OFFICE DEPOT THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM FOR VARIOUS CITY DEPARTMENTS Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to award the contract for the purchase of miscellaneous office supplies for up to $83,000 from Office Depot through the State of Illinois Joint Purchase Program for various departments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. PETITION 42-05 TABLED REQUESTING PRELIMINARY PLAT APPROVAL AND A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND PRELIMINARY PLAT APPROVAL, TO PERMIT THE CONSTRUCTION OF A NEW COMMERCIAL SUBDIVISION IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 925 SOUTH MCLEAN BOULEVARD, BY HURON INVESTMENT AND DEVELOPMENT COMPANY LLC, AS APPLICANT, AND LOYAL ORDER OF MOOSE, ELGIN LODGE 799, AS OWNER Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to remove Petition 42-05 from the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Petition 42-05 subject to conditions. Community Development Director Deering stated that the applicant proposed to rezone and subdivide the 14.45 acre parcel and develop it with flex industrial buildings containing a combination of office, research and development, retail sales, as well as industrial, warehouse and distribution uses in the westerly portion of the site. Public self storage facilities are proposed for the central portion. A building on the easterly portion of the site is to be used as a lodge by the Loyal Order of the Moose. Some changes have been made to the exterior of the Moose Lodge and a change of color for the materials to be used for the storage facility. In response to Councilmember Kaptain’s inquiry regarding whether the design of the gate had been changed, the architect for the applicant distributed revised gate design drawings and stated that the gate is classified as a decorative gate. Mr. Deering stated that he had not previously received the plans for the revised gate design. Councilmember Kaptain stated that since Mr. Deering had not previously seen the revised gate design, he believes the petition should be tabled so that staff has an opportunity to review the revised plans. Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to table Petition 42-05 to give staff an opportunity for further review of the revised gate design. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, and Walters. Nays: Councilmember Sandor. VOLUME LXXI MAY 24, 2006 436 REQUEST TO SET AN ANNEXATION AGREEMENT HEARING DATE FOR JUNE 28, 2006; PROPERTY LOCATED AT 2890 WELD ROAD; BY ORLEANS HOMEBUILDERS, AS APPLICANT, AND THE FIRST NATIONAL BANK OF ELGIN, AS TRUSTEE, AND THE LASALLE NATIONAL TRUST, UNDER TRUST AGREEMENT KNOWN AS TRUST NO. 45983, AS OWNERS (PETITION 26-06) Community Development Director Deering stated that the applicant is requesting a June 28, 2006, hearing date on the annexation agreement for the proposed Barnes Bridge Subdivision. The proposed subdivision encompasses approximately 125 acres which features 140 single family home sites on 75 acres of land and 50 acres of open space, including approximately 7 acres of active park space. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to set a hearing date on the proposed annexation agreement for the June 28, 2006, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. ORDINANCE G42-06 PASSED CREATING CHAPTER 16.46, ENTITLED "RESIDENTIAL CONDOMINIUM CONVERSIONS," IN TITLE 16 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass proposed Ordinance G42-06. Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to amend the proposed ordinance to require that all NFPA standards be used for all buildings no matter what number of units are in the building. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Councilmember Figueroa stated that he will vote against this ordinance because it will apply to pending applications. If it would only apply to future condominium conversions, he would vote for the ordinance. However, he believes it is unfair to make the requirements apply to pending developments because of the substantial additional costs which the developer had not anticipated when the property was purchased. Upon a roll call vote to pass Ordinance G42-06 as amended: Yeas: Councilmembers Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: Councilmember Figueroa. MAY 24, 2006 VOLUME LXXI 437 Ordinance No. G42-06 AN ORDINANCE CREATING CHAPTER 16.46, ENTITLED “RESIDENTIAL CONDOMINIUM CONVERSIONS,” IN TITLE 16 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to create Chapter 16.46 of the Elgin Municipal Code to prescribe reasonable standards and criteria regulating the conversion of existing multiple-family dwellings to condominiums; and WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the establishment of reasonable standards and criteria regulating the conversion of existing multiple-family dwellings to condominiums are matters pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.46 of the Elgin Municipal Code, 1976, as amended, entitled “Residential Condominium Conversions” be and is hereby created to read as follows: “CHAPTER 16.46 RESIDENTIAL CONDOMINIUM CONVERSIONS SECTION: 16.46.010: Definitions 16.46.020: Property Condition Report; Contents 16.46.030: Property Condition Report; Disclaimer 16.46.040: Warranty Provisions 16.46.050: Code Inspection 16.46.060: Notice Requirements 16.46.070: Code Requirements 16.46.080: Violations; Penalties 16.46.090: Compliance With Illinois Condominium Act VOLUME LXXI MAY 24, 2006 438 16.46.010: DEFINITIONS: The following words and phrases shall have the meanings, and are hereby defined, as follows: AGENT: Any person, firm, partnership, joint venture, corporation or any other entity or combination of entities who represents or acts on behalf of a developer in selling or offering to sell any condominium unit. BOARD OF MANAGERS: The Board of Managers provided for and referred to in the Illinois Condominium Property Act, as amended. CERTIFICATE OF CONDOMINIUM COMPLIANCE: A written instrument issued by the City as evidence of a condominium project's compliance with applicable building code, property maintenance code and zoning ordinance standards of the City. CLOSING OF A SALES CONTRACT: The operation of transferring ownership of a condominium unit to the purchaser from the developer. CODE INSPECTION REPORT: A written report issued by the City as evidence that all units and common elements in a condominium project have been inspected for compliance with applicable building code, property maintenance code and zoning ordinance standards of the City. COMMON ELEMENTS: All portions of a condominium property except the condominium units unless otherwise specified. Common elements shall also include limited common elements. CONDOMINIUM: A form of property established pursuant to the Illinois Condominium Property Act, as amended. CONDOMINIUM PROJECT: A plan by a developer to sell residential condominium units in an existing building or building to be constructed or under construction. CONDOMINIUM UNIT OR UNIT: A separate three-dimensional (3-D) area identified as such in the declaration and on the condominium plat. A condominium unit shall include all improvements contained within the unit area except those excluded in the declaration. CONVERSION: The offering for sale by a developer or his agent of a condominium unit that was rented by any person prior to the commencement of a condominium project. DECLARATION: An instrument by which a property is submitted to the provisions of the Illinois Condominium Property Act, as amended. DEVELOPER: Any person or successors who undertake to develop a condominium project either by conversion or new construction. MAY 24, 2006 VOLUME LXXI 439 DIRECTOR: The Community Development Group Director of the City of Elgin, as provided for under Chapter 2.18 of the Elgin Municipal Code, 1976, as amended, or his or her authorized representative may be hereinafter referred to as the Director. DWELLING UNIT: One or more rooms within a condominium unit which are designed, intended and used exclusively for human habitation within a common household. Each dwelling unit shall have individualized and independent entrance, cooking, sleeping and sanitary facilities. LIMITED COMMON ELEMENTS: A portion of the common elements to be reserved for the use of a certain number of condominium units. Limited common elements shall include, but not be limited to, balconies, terraces, patios and parking spaces or facilities. OFFERING: Any inducement, solicitation, advertisement, publication or announcement by a developer to the general public to encourage the purchase of a condominium unit or prospective condominium unit. ORIGINAL RESIDENTIAL USE: The lawfully conforming use of a property, including the original number of dwelling units established on a property, when the property was originally constructed and first approved for occupancy. PERSON: Any natural individual, partnership, co-partnership, firm, company, association, joint stock company, trust, estate, trustee or other legal entity capable of holding title to real property. PLAT: A plat or plats of survey of all the units and common elements in a property submitted to the provisions of the Illinois Condominium Property Act, as amended. PROPERTY CONDITION REPORT: A property report required by this chapter and in accordance with the Illinois Condominium Property Act, as amended. PROSPECTIVE PURCHASER: A person who visits the condominium project site for the purpose of inspection for possible purchase or who requests the property report. TENANT: A person who pays rent for the privilege of occupying an apartment. 16.46.020: PROPERTY REPORT; CONTENTS: At least thirty (30) days prior to closing a sales contract on any condominium unit in a condominium project, a developer shall prepare and file with the Director a property condition report and shall certify by affidavit that all disclosures are true to the best of his knowledge and belief. Said report shall contain at least the following information about the condominium project: A. A statement indicating the name and address of the developer of the condominium property. B. A plat of survey showing the size and dimensions of the condominium property. VOLUME LXXI MAY 24, 2006 440 C. A legal description of the condominium units offered and the proportionate percentage of individual ownership of said units. D. A description of the common elements and a statement of the percentage ownership of the common elements applicable to the condominium units offered. E. A description of all existing and proposed facilities not included, or not to be included, as part of the common elements. F. A statement of the following, in capital letters, when parking facilities are not: 1. Part of the common elements, or 2. Divided as individual parking spaces among and designated as part of the units of a condominium property: PARKING FACILITIES ARE NOT OWNED BY THE UNIT OWNERS. IT SHALL BE THE RESPONSIBILITY OF CONDOMINIUM UNIT OWNERS TO OBTAIN THEIR PARKING FACILITIES. G. An identification of all drawings, architectural plans and other suitable documents, including "as built" drawings, setting forth information for the location, maintenance and repair of condominium facilities and equipment. Said identification shall be made to the extent these documents exist and are available to the Condominium Board of Managers. H. Projected initiation and completion dates for any proposed construction, renovation or conversion. I. Copies of the following legal documents that are binding or are to be binding upon the condominium: 1. The declaration and plat of survey. Prior to the recordation of the declaration, however, a preliminary declaration and plat may be supplied, provided they are accompanied by a written statement that the description of units and percentage of ownership interest in common elements is preliminary and may be changed in material respects upon the recording of the declaration and plat. 2. The articles of incorporation or charter of the condominium association, if any. 3. The bylaws and regulations of the condominium association. J. Disclosures of the existence of other legal documents that are binding upon the condominium, including: 1. Any leases on real or personal property applicable to the condominium. MAY 24, 2006 VOLUME LXXI 441 2. The coverage and amounts of property insurance policies maintained on the condominium building. 3. Any management contract, employment contract or any other contract affecting the use, maintenance or access to all or any part of the condominium. Said disclosures under this subsection shall include: a. The name of the management agency, if any, and the services the agent will perform; b. The length of term of any management contract and the charges and circumstances, if any, under which the charges may be increased; c. The conditions, if any, under which the contract may be cancelled or terminated; and d. A statement disclosing any relationship between the developer and the management firm. K. A statement of sale prices, terms and options for condominium units. L. A floor plan of the condominium unit offered for sale. M. A description of any appliances and other personal property included with a unit offered for sale. N. A statement of the operating costs, such as costs for utilities, heating fuels, janitorial services, trash and garbage disposal, ground and building maintenance, security, maintenance or recreational and other facilities, building insurance, elevator maintenance, sidewalk and street maintenance and taxes for the three (3) previous years. O. A statement of the estimated operating budget for the condominium project, projected for a period of one year from the expected date that control of the project would pass to the Board of Managers. The projected operating budget shall include: 1. Operating costs, such as costs for utilities, heating fuels, janitorial services, trash and garbage disposal, ground and building maintenance, security, maintenance or recreational and other facilities, building insurance, elevator maintenance, sidewalk and street maintenance and taxes. Said costs shall at least be shown in the aggregate and identified as operating costs. 2. Management costs, such as the costs of management fees, accounting and bookkeeping services and legal services. Said costs shall at least be shown in the aggregate and identified as management costs. VOLUME LXXI MAY 24, 2006 442 3. Reserve costs, such as reserves for improvements, unexpected repair work, and replacement and upkeep of common areas and facilities. Said costs shall at least be shown in the aggregate and identified as reserve costs. P. A statement of the provisions the developer has made to cover the proposed operations and maintenance budget in the event an insufficient number of units are sold. Q. A report from a professional engineer or architect, licensed by the State, describing the condition and expected useful life of the following structural elements at least thirty (30) days prior to closing sales contract: 1. Roof. 2. Foundation. 3. External and supporting walls. 4. Mechanical, electrical, plumbing, heating and structural elements. 5. All other common facilities. To the extent possible, all said descriptions shall be provided together with an estimate of repair and replacement costs at current market prices for those elements, which need repair or replacement. R. A statement verifying the number of applications of roofing systems existing on the building. If more than two (2) applications of roofing systems exist, the developer shall provide an estimate of cost for a complete tear-off of the old roofing systems and the application of a new roofing system. S. A statement indicating that the electrical service for each condominium unit is in compliance with section 16.46.070 of this chapter and a list of condominium units, identified by number, which indicates the size of the electrical service in ampere for each unit. T. A statement indicating that the electrical service for the building, based upon the per unit electrical service requirements of section 16.46.070 of this chapter, is equal to or greater than the electrical service requirements set forth in the City’s electrical code. 16.46.030: PROPERTY CONDITION REPORT DISCLAIMER: Each property condition report shall contain on the first page the following statement, conspicuously shown in capital letters: THE CITY OF ELGIN MAKES NO JUDGMENT ON THE STATEMENTS IN THIS PROPERTY CONDITION REPORT. ORAL REPRESENTATIONS ARE NOT MAY 24, 2006 VOLUME LXXI 443 BINDING ON THE DEVELOPER. ONLY REPRESENTATIONS MADE IN WRITING ARE BINDING ON THE DEVELOPER. 16.46.040: WARRANTY PROVISIONS: A. Any developer of a property submitted subject to the provisions of the Illinois Condominium Property Act, as amended, shall be required to provide a warranty against any defects in the following property components: 1. Roof. 2. Foundation. 3. External and supporting walls. 4. Central heating plant. B. Said warranty shall cover the defects listed in this section for a period of one (1) year from the date control of the condominium property passes to the Board of Managers. C. Repair or replacement of the defects listed in this Section shall be performed in a timely manner by the developer following notification by the Board of Managers. D. Warranty coverage shall not include the cost of normal, routine maintenance of the property components listed in this Section or defects caused by fire (not related to any breach of warranty), force majeure, vandalism or negligence of a unit owner. E. To assure compliance with this section, the developer shall, at the time of each closing, procure a performance bond from a surety authorized to do business in Illinois, or other similar financial security as approved by the corporation counsel, in an amount equal to one percent (1%) of the total of each unit sale price. Said performance bond or other similar financial security shall identify the City of Elgin and the Board of Managers as obligees or beneficiaries, as the case may be, and shall remain in effect for a period of not less than one (1) year from the date control of the condominium project passes to the Board of Managers. The developer shall notify the Director by registered or certified mail that control of the condominium project has passed to the Board of Managers within five (5) days of the passage of control. At least sixty (60) days prior to the expiration of the performance bond or other similar financial security, the developer shall notify the Board of Managers and the affected unit owners by certified mail of the date upon which the performance bond or other similar financial security will expire. 16.46.050: CODE INSPECTION: A. A developer submitting a property to the provisions of the Illinois Condominium Property Act, as amended, shall file a notice of intent to convert with the Director within three (3) business days from the date said notice is given to the tenants of the property. A code inspection of the property, including all projected condominium units and common VOLUME LXXI MAY 24, 2006 444 elements and facilities, shall be scheduled by agreement between the developer and the Director when the notice of intent to convert is received by the Director. B. Any code violations and deficiencies detected during an inspection of projected condominium units and common elements and facilities shall be corrected by the developer at least thirty (30) days prior to the closing of a sales contract on any condominium unit to provide the Director with adequate time to perform a reinspection of the premises and prepare the inspection report and certificate for delivery to the prospective purchaser by the developer at or prior to closing as required by this section. Said corrections shall be evidenced by a code inspection report and certificate of code compliance, except as provided in this section, issued by the Director. C. If substantial rehabilitation is being performed as part of a conversion to condominium, the Director may issue a partial certificate of code compliance to permit the closing of sales contracts for those condominium units in which rehabilitation is complete and all code violations are corrected. Partial certificates also may be issued for common elements and facilities on which rehabilitation is complete and all code violations are corrected. However, prior to the issuance of a certificate of code compliance for the entire property, a reinspection shall be made on all common elements and facilities and units for which sales contracts have not been closed. Any recurrence of code violations in the common elements and facilities covered by a partial certificate of code compliance shall be corrected by the developer at the developer's expense unless control of the building has passed to the Board of Managers. D. Until such time as all units in a condominium property are sold, the Director shall conduct annual code inspections of all common elements, all common facilities, and at least ten percent (10%) (but never less than one unit) of the unsold condominium units. E. Subsequent to the sale of all condominium units, the Director shall conduct an annual inspection of all the common elements and facilities of a condominium property. The condominium building shall be subject to all applicable City ordinances which may be enforced as to the developer, unit owners, Board of Managers or any other person to whom the ordinances are applicable. F. A developer shall be required to provide a prospective purchaser with a copy of a code inspection report and a certificate or partial certificate of code compliance prior to or at the closing of a condominium unit sales contract. 16.46.060: CONVERSION NOTICE REQUIREMENTS: A. Not less than one hundred twenty (120) days prior to recording the declaration submitting a property to the provisions of the Illinois Condominium Property Act, as amended, a developer shall give notice of said intent to record to all persons who are tenants of the property on the date notice is given. B. Any person who was a tenant upon the date of receiving a notice of intent to record a declaration of condominium and whose tenancy expires other than for cause prior to one MAY 24, 2006 VOLUME LXXI 445 hundred twenty (120) days thereafter shall have the right to extend his tenancy on the same terms and conditions and for the same rental cost until the one hundred twenty (120) day period expires. C. No rental lease shall be executed between an owner or his agent and a prospective new tenant in a property for which notice of intent to record a declaration of condominium has been given to existing tenants unless the prospective new tenant initially is notified in writing of the intended recordation. No lease shall be executed so as to stipulate an expiration date prior to one hundred twenty (120) days from the date the lease becomes effective. 16.46.070: CODE REQUIREMENTS: A. The number of condominium units in any condominium project shall not exceed the number of dwelling units established in the property’s original residential use. B. Subject to the provisions of this subsection, a condominium project shall conform with all current and applicable site design requirements established in the City’s zoning ordinance. The Director shall review the proposed condominium project’s compliance with the site design requirements of the City’s zoning ordinance. When a proposed condominium project fails to comply with the zoning ordinance’s site design requirements regarding setbacks, accessory structures and buildings, obstructions in yards, or landscaping, the Director shall require any such noncompliant site design requirement to comply with the applicable zoning ordinance provisions to the greatest degree practicable given the existing configuration of the proposed condominium project within the zoning lot or lots. C. Subject to the provisions of this subsection, a condominium project shall conform with all current and applicable off-street parking provisions established in the City’s zoning ordinance. The Director shall review the proposed condominium project’s compliance with the off street parking requirements of the City’s zoning ordinance. When a proposed condominium project fails to provide the required number of off street parking spaces required under the zoning ordinance, the Director shall require the creation of additional off street parking spaces in accordance with the zoning ordinance. The creation of any such additional off street parking spaces shall be required to the greatest degree practicable given the existing configuration of the proposed condominium project within the zoning lot or lots. D. A condominium project shall conform with all applicable provisions established in the City’s property maintenance code. E. Each condominium unit shall have a 100 ampere, main electrical panel and shall otherwise comply with all current and applicable provisions of the City’s electrical code. F. A condominium project shall include the following fire safety requirements: VOLUME LXXI MAY 24, 2006 446 1. Each condominium project shall comply with all existing code requirements relating to fire protection and fire prevention as set forth in Title 16 of this code, as amended. 2. Each condominium unit shall have an accessible route of travel to the ground floor, including the use of elevators, and shall be in compliance with the provisions of NFPA Life Safety 101, as amended. 3. Each condominium unit shall conform with the current fire separation requirements for dwelling units and common areas established in the City’s fire prevention code. 4. A condominium project utilizing private water mains and hydrants shall be required to have such water mains and hydrants hydrostatically tested and looped to the existing public water main. 16.46.080: VIOLATION; PENALTIES: A. Any person violating any of the provisions or failing to comply with the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the City, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5000.00). B. Any person shall he guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continues or permitted by any such person, and he or she shall be punished accordingly. C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City to suspend, revoke or refuse to renew any permit. D. The rights, obligations and remedies set forth in this chapter shall be cumulative and in addition to any others available in law or equity. The City or any prospective purchaser, purchaser, or owner of a condominium unit may seek compliance with any provision of this chapter and in addition shall have the right to rescind any sale not in substantial conformance with this chapter or may seek damages therefore. 16.46.090: COMPLIANCE WITH ILLINOIS CONDOMINIUM ACT: Except where modified or supplemented by this Article, all provisions contained in the Illinois Condominium Property Act, as amended, shall apply to properties submitted to the provisions of said Act.” Section 2. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, MAY 24, 2006 VOLUME LXXI 447 paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. Section 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: May 24, 2006 Passed: May 24, 2006 Vote: Yeas: 5 Nays: 1 Recorded: May 25, 2006 Published: May 27, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-120 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS CLEAN ENERGY COMMUNITY FOUNDATION FOR THE LED 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, and Walters. Nays: None. Resolution No. 06-120 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS CLEAN ENERGY COMMUNITY FOUNDATION FOR THE LED TRAFFIC SIGNAL UPGRADE 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 grant agreement VOLUME LXXI MAY 24, 2006 448 with the Illinois Clean Energy Community Foundation for the LED 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: May 24, 2006 Adopted: May 24, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. PAYEE AMOUNT REASON HTE Inc. Lake Mary, FL $107,150.00 Annual maintenance for financial software. Pinner Electric LaGrange IL $12,156.20 Repair of three knocked down traffic signals. Badger Meter Milwaukee, WI $30,257.12 Meter repairs throughout the city. Stanley Consultants Chicago, IL $14,178.42 Consulting services for Bowes Creek Sanitary Sewer & Watermain REMOVAL OF ORDINANCE G41-06 FROM THE CONSENT AGENDA Councilmember Gilliam made a motion, seconded by Councilmember Sandor, to remove Ordinance G41-06 from the consent agenda.. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, and Walters. Nays: None. MAY 24, 2006 VOLUME LXXI 449 ORDINANCE G41-06 PASSED RECLASSIFYING CERTAIN PROPERTY AT 1425 NORTH RANDALL ROAD (SHERMAN HOSPITAL MEDICAL CAMPUS) Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Councilmember Gilliam abstained due to conflict of interest. Ordinance No. G41-06 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY AT 1425 North Randall Road (Sherman Hospital Medical Campus) WHEREAS, written application has been made to reclassify certain property located at 1425 North Randall Road from ORI Office Research Industrial 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 April 17, 2006, 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: THE SOUTHWEST 1/4 OF SECTION 32, EXCEPT THE NORTHERLY 468.03 FEET THEREOF (MEASURED ALONG THE EAST LINE AND WEST LINE OF SAID QUARTER) IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND ALSO EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO THE COUNTY OF KANE BY DOCUMENT 95K030207 AND ALSO THAT PART OF THE WEST 1/2 OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF VOLUME LXXI MAY 24, 2006 450 THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID WEST 1/2; THENCE WESTERLY ALONG THE NORTH LINE OF SAID WEST 1/2 OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, 1091.23 FEET TO THE CENTER LINE OF RANDALL ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE 738.48 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG THE CENTER LINE OF SAID BIG TIMBER ROAD, 1344.08 FEET TO THE EAST LINE OF SAID WEST 1/2; THENCE NORTHERLY ALONG SAID EAST LINE, 1453.87 FEET TO THE POINT OF BEGINNING, EXCEPT THEREFROM THOSE PARTS CONVEYED TO THE COUNTY OF KANE BY DOCUMENTS 1463684 AND 1998260, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 1425 NORTH RANDALL ROAD). 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 1425 North Randall Road, and legally described above, which shall be designed, maintained, 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 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. MAY 24, 2006 VOLUME LXXI 451 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] or a "conditional 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] Health Services Division 2. “Offices and clinics of doctors of medicine” (801) 3. “Offices and clinics of dentists” (802) 4. “Offices and clinics of doctors of osteopathy” (803) 5. “Offices and clinics of other health practitioners” (804) 6. “Nursing and personal care facilities” (805) 7. “Hospitals” (806) 8. “Medical and dental laboratories” (807) 9. “Home health care services” (808) 10. “Miscellaneous health and allied services, not elsewhere classified” (809) Retail Trade Division 11. “Drug stores and proprietary stores” (591) 12. “Florists” (5992) 13. “News dealers” (5994) 14. “Optical goods stores” (5995) Construction Division. 15. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 16. “Heliports” (458) 17. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 18. "Radio and television antennas" [SR] (UNCL). 19. "Satellite dish antennas" [SR] (UNCL). 20. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 21. "Fences and walls" [SR] (UNCL). 22. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 23. "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. 24. "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. 25. "Refuse collection area" [SR]. 26. "Storage Tanks" [SR] (UNCL). 27. "Program for Graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. VOLUME LXXI MAY 24, 2006 452 28. "Temporary uses" [SR] (UNCL). 29. "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. 30. "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: Mining Division. 1. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 2. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 3. "Conditional Commercial Antenna Tower" [SR] (UNCL). 4. "Other radio and television antennas" [SR] (UNCL). 5. "Other satellite dish antennas" [SR] (UNCL). 6. “Pipelines, except natural gas” (461). 7. “Refuse systems” (4953). 8. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 9. "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. 10. "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. 11. "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 District, the site design regulations shall be as required in the CF District, pursuant to Chapter 19.30.135 Site Design, of the EMC, as may be amended from time to time. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the information contained in the Sherman Hospital Phase I Development Plan and the Long Range Master Plan. The Sherman Hospital Phase I Development Plan and Long Range Master Plan being inclusive of: a. Sherman Hospital Site Plan – Phase I, prepared by SBRA, dated January 20, 2006. b. Sherman Hospital Civil Engineering Narrative and Sherman Hospital Preliminary Engineering – Phase I (Sheet C1 and C2), prepared by SBRA, dated January 30, 2006. MAY 24, 2006 VOLUME LXXI 453 c. Sherman Hospital Long Range Master Plan Narrative and Sherman Hospital Proposed Land Use Plan (Sheet 1 of 1), prepared by Gewalt Hamilton Associates, Inc., dated April 12, 2006 and last revised May 1, 2006. d. Sherman Hospital Preliminary Landscape Plan (Sheets L01 – L07), prepared by SBRA and Hitchcock Design Group, dated January 30, 2006. e. Sherman Hospital Building Elevations (Sheet E1), prepared by SBRA, dated January 20, 2006. f. Sherman Hospital Site Lighting Calculations (Sheets ES01 and ES02), prepared by SBRA and KJWV Engineering Consultants, dated December 12, 2005. g. Sherman Hospital Preliminary Lighting Plan (Sheets E01 – E07), prepared by SBRA and Hitchcock Design Group, dated January 30, 2006. h. Sherman Hospital Graphics Program (Sheets G1.000 – G1.002), prepared by SBRA and Carol Naughton and Associates, dated January 27, 2006. 2. Conformance with all applicable codes and ordinances. H. Site Design and Architectural Design Review. In this PCF zoning district, site design and architectural design review of new buildings and building additions shall be in substantial conformance with the Sherman Hospital Long Range Master Plan Narrative and Sherman Hospital Proposed Land Use Plan (Sheet 1 of 1), prepared by Gewalt Hamilton Associates, Inc., dated April 12, 2006 and last revised May 1, 2006; and shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. I. 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 EMC, as amended. J. 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 EMC, as amended. K. Street Graphics. In this PCF District, street graphics shall be in substantial conformance with the Sherman Hospital Graphics Program (Sheets G1.000 – G1.002), prepared by SBRA and Carol Naughton and Associates, dated January 27, 2006; and shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. L. 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 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. M. Planned Developments. In this PCF District, the use and development of the land and structures shall be insubstantial conformance with the Sherman Hospital Long Range Master Plan Narrative and Sherman Hospital Proposed Land Use Plan (Sheet 1 of 1), prepared by Gewalt Hamilton Associates, Inc., dated April 12, 2006 and last revised May VOLUME LXXI MAY 24, 2006 454 1, 2006; and 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. N. 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. O. 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. P. 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. 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 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: May 24, 2006 Passed: May 24, 2006 Vote: Yeas: 5 Nays: 0 Recorded: May 25, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MAY 24, 2006 VOLUME LXXI 455 CONSENT AGENDA By unanimous consent, Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G37-06 through G40-06 and adopt Resolution Nos. 06-112 through 06-119 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. ORDINANCE G37-06 PASSED AMENDING TITLE 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Ordinance No. G37-06 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 definition of a Family 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 17, 2006, 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 19.90 entitled “Supplementary Regulations,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19.90.015, entitled "Definitions and Regulations", the subsection thereof entitled “Family,” to read as follows: VOLUME LXXI MAY 24, 2006 456 Delete Text: “Family: One or more persons each related to the other by blood or marriage including adopted or foster children, plus domestic employees; a group of not more than three (3) persons not all so related, plus domestic employees; or persons participating in a program for residential care [SR], plus support staff; each of which shall maintain a “common household” [SR]. Insert New Text: “Family: (1) One or more persons each related to the other by blood or marriage including adopted or foster children plus domestic employees; (2) a group of not more than three (3) persons not all so related, plus domestic employees; (3) persons participating in a program for residential care [SR], plus support staff; or (4) four or more persons who are not related by blood, marriage, or legal adoption not including foster children or domestic employees, living together as a traditional family or the functional equivalent of a traditional family. The functional equivalent of a family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary. A. It shall be presumptive evidence, i.e. a rebuttable presumption, that four (4) or more persons living in a single “dwelling unit” [SR] who are not related by blood, marriage or legal adoption not including foster children or domestic employees do not constitute the functional equivalent of a family. B. In determining whether individuals are living together as the functional equivalent of a family, the following criteria must be present: 1. The group is one which in theory, size, appearance, structure and function resembles a traditional family unit; 2. The occupants must share the entire “dwelling unit” [SR] and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; 3. The group shares expenses for food, rent or ownership costs, utilities and other household expenses; 4. The group is permanent and stable. Evidence if such permanency and stability may include: a. The presence of minor dependent children regularly residing in the household who are enrolled in local schools; MAY 24, 2006 VOLUME LXXI 457 b. Members of the household have the same address for purposes of voter’s registration, driver’s license, motor vehicle registration and filing of taxes; c. Members of the household are employed in the area; d. The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; e. There is a common ownership of furniture and appliances among the members of the household; and f. The group is not transient or temporary in nature. 5. Any other factor reasonably related to whether or not the group is the functional equivalent to a family. C. Relationships of persons, whether by blood, marriage, adoption, or foster children must be verified by official government records such as birth certificates, marriage certificates, court orders, driver’s licenses or state identification cards. The status of domestic employees must be verified by a written employment agreement supported by an affidavit. Such records shall be produced to the Development Administrator upon the request of the Development Administrator or a code enforcement officer. D. A person seeking to rebut the presumption as provided in subparagraph A hereof shall file an application for a functional equivalent family certificate. Such application shall be made to the Development Administrator, shall be under oath, and shall address the criteria in subparagraph B thereof. The applicant shall upon the request of the Development Administrator provide information or documents which are relevant of which would lead to the discovery of relevant information or documents regarding the application for a functional equivalent family certificate. The applicant shall be given an opportunity to be heard by the Development Administrator or his designee within ten (10) calendar days after receipt of any such application. The Development Administrator shall determine whether the applicant has established by a preponderance of the evidence applying the criteria in subparagraph B hereof whether the household in question constitutes a functional equivalent of a family and shall approve or deny the subject application for a certificate for a functional equivalent family certificate within five (5) business days following the conclusion of any such hearing. If such an applicant establishes by a preponderance of the evidence the existence of a functional equivalent family the Development Administrator shall issue a certificate therefore. The applicant shall receive written notice of the Development Administrator’s decision. Appeals of the decision of the VOLUME LXXI MAY 24, 2006 458 Development Administrator shall be as provided in Chapter 19.75 of this Code.” 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: May 24, 2006 Passed: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 25, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G38-06 PASSED AMENDING CHAPTER 3.52 OF THE ELGIN MUNICIPAL CODE, AS AMENDED, ENTITLED "FIREMEN'S PENSION BOARD" Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Ordinance No. G38-06 AN ORDINANCE AMENDING CHAPTER 3.52 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIREMEN’S PENSION BOARD” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 3.52 of the Elgin Municipal Code, 1976, as amended, entitled "Firemen’s Pension Board," be and is hereby amended to read as follows: MAY 24, 2006 VOLUME LXXI 459 3.52.010: CREATED; COMPOSITION: There shall be a board of trustees of the Firefighters’ Pension Fund as provided in Article 4 of the Illinois Pension Code, as amended (40 ILCS 5/4-101, et seq., as amended). The membership of the board, their terms and manner of selection shall be at the time and in the manner provided by Article 4 of the Illinois Pension Code, as amended. 3.52.020: DUTIES: The board of trustees of the Firefighters’ Pension Fund shall have the duties as provided by Article 4 of the Illinois Pension Code, as amended, including, but not limited to, having control of the management of all funds belonging to or designated by law as part of the Firefighters’ Pension Fund and of the administration of such funds, as provided by Article 4 of the Illinois Pension Code, as amended. 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: May 24, 2006 Passed: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 25, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G39-06 PASSED GRANTING A CONDITIONAL USE FOR A RETAIL BAKERY IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (247 DUNDEE AVENUE) Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. VOLUME LXXI MAY 24, 2006 460 Ordinance No. G39-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A RETAIL BAKERY IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (247 Dundee Avenue) WHEREAS, written application has been made requesting conditional use approval for a retail bakery in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 247 Dundee Avenue; 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 April 05, 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 the operation of a retail bakery in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 247 Dundee Avenue and legally described as follows: Parcel one: Lot 1 (except the east 12 rods thereof) of Phineas J. Kimball, Sr’s Addition to Elgin, in the City of Elgin, Kane County, Illinois. Parcel two: That part of Lot 28 of B. W. Raymond’s Addition to Elgin, described as follows: commencing at the northeast corner of said lot; thence south along the east line of said lot, 116.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence northeasterly along said east line, 72.95 feet to the point of beginning; thence northeasterly along said east line to the northwest corner of said lot; thence east along said north line, 153.78 feet to the northeast corner of said lot; thence south along the east line of said lot, 52 feet ; thence west 179.93 feet to the point of beginning, in the city of Elgin, Kane County, Illinois. Parcel 3: That part of Lot 28 of B. W. Raymond’s Addition to Elgin described as follows: commencing at a point in the east line of said lot, 52 feet south of the northeast corner thereof; thence south on said east line, 64.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence in a northeasterly direction along said east line of Dundee Avenue, 72.95 feet; thence east, 179.93 feet to the point MAY 24, 2006 VOLUME LXXI 461 of beginning, in the city of Elgin, Kane County, Illinois (property commonly known as 233 Dundee Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the letter prepared by Gilberto Uribe, President, Pan Mex Baking Co., undated. 2. Substantial conformance to the proposed Floor Plan (Sheet No. A1-2) for Pan Mex Bakery, prepared by Beron Design Group, dated November 28, 2005. 3. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Passed: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 25, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G40-06 PASSED AMENDING THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR DISTRICT (WOODBRIDGE NORTH COMMERCIAL CENTER, 801-895 SOUTH RANDALL ROAD) Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. VOLUME LXXI MAY 24, 2006 462 Ordinance No. G40-06 AN ORDINANCE AMENDING THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR DISTRICT (Woodbridge North Commercial Center; 801-895 South Randall Road) WHEREAS, written application has been made to amend the development plan in the Woodbridge North PAB Planned Area Business District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. NOW, THEREFORE, be it ordained by the City Council of the City of Elgin, Illinois: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 3, 2006, 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 Ordinance No. G15-02, entitled “An Ordinance Amending the Development Plan in a PAB Planned Area Business District and Granting a Conditional Use for a Planned Development in the ARC Arterial Road Corridor District (Woodbridge North)”, passed February 27, 2002, be and hereby is repealed. Section 3. 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 PAB Planned Area Business District the following described property: THOSE PARTS OF THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOGETHER WITH THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 28, BOTH IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 28, MAY 24, 2006 VOLUME LXXI 463 AFORESAID; THENCE NORTH 1 DEGREE 42 MINUTES 3 SECONDS WEST ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF 2676.35 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 21, AFORESAID; THENCE 88 DEGREES 31 MINUTES, 36 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 8.35 FEET TO A POINT ON THE PRESENT CENTERLINE OF COUNTY HIGHWAY ROUTE 34, RANDALL ROAD, (F.A.S. RTE. 1110) AS SHOWN ON PLAT OF DEDICATION RECORDED AS DOCUMENT NO. 830326; THENCE NORTH 1 DEGREE 51 MINUTES 53 SECONDS WEST ALONG SAID CENTERLINE, A DISTANCE OF 165.00 FEET; THENCE NORTH 88 DEGREES 31 MINUTES 36 SECONDS EAST; A DISTANCE OF 173.96 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG AN ARC OF A CIRCLE, CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 700.00 FEET, THE CHORD THEREOF HAVING A BEARING OF SOUTH 63 DEGREES 34 MINUTES 4 SECONDS EAST AND A LENGTH OF 655.22 FEET, AN ARC-DISTANCE OF 681.86 FEET TO A POINT OF TANGENCY; THENCE SOUTH 35 DEGREES 39 MINUTES 45 SECONDS EAST, A DISTANCE OF 158.66 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG AN ARC OF A CIRCLE, CONVEX TO THE SOUTHWEST, HAVING A RADIUS OF 350.00 FEET, THE CHORD THEREOF HAVING A BEARING OF 43 DEGREES 13 MINUTES 28 SECONDS EAST AND A LENGTH OF 92.12 FEET, AN ARC-DISTANCE OF 92.39 FEET; THENCE SOUTH 1 DEGREE 51 MINUTES 53 SECONDS EAST PARALLEL WITH THE CENTERLINE OF RANDALL ROAD, AFORESAID, A DISTANCE OF 2327.04 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 28, AFORESAID; THENCE SOUTH 88 DEGREES 2 MINUTES 5 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 899.32 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS COMMONLY KNOWN AS 801 SOUTH RANDALL ROAD). Section 4. That the City Council of the City of Elgin hereby grants the amendment to the development plan in the Woodbridge North PAB Planned Area Business District at 801 South Randall Road in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Planned Area Business District is to provide commodities and services to the community and region. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. VOLUME LXXI MAY 24, 2006 464 15. General Provisions. In this PAB 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. 16. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. 17. Location and Size of District. PAB zoning districts should be located in substantial conformance to the official comprehensive plan and shall be located on an arterial street at an intersection with another arterial street or a “collector street” [SR], or in other areas deemed unsuitable for other zoning classifications. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than 20 acres. F. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in the AB Area Business District. a. Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: Municipal Services Division. 1. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two acres of land. Offices Division. 2. "Offices" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 3. "Development sales offices" [SR] (UNCL). 4. Finance, insurance, and real estate (H). Services Division. 5. Advertising (731). 6. Automotive renting and leasing without drivers (751). 7. Barber shops (724). 8. Beauty shops (723). 9. "Bed and breakfast inns" [SR] (7011). 10. Carpet and upholstery cleaning agents without plants on the premises (7217). 11. Coin operated laundries and dry cleaning (7215). 12. Commercial, economic, sociological and educational research (8732). 13. Commercial, physical, and biological research (8731). 14. Computer programming, data processing and other computer related services (737). 15. Computer rental and leasing (7377). MAY 24, 2006 VOLUME LXXI 465 16. Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). 17. Dance studios and schools (791). 18. Detective and guard services (7381). 19. Electrical and electronic repair shops (7629). 20. Engineering, accounting, research, management and related services (87). 21. Funeral service (726). 22. Garment pressing, and agents for laundries and dry cleaners (7212). 23. Home health care services (808). 24. "Hotels and motels" [SR] (701) 25. Job training and vocational rehabilitation services (833). 26. Laundry collecting and distributing outlets (7211). 27. Legal services (811). 28. Libraries (823). 29. Mailing, reproduction, commercial art and photography, and stenographic services (733). 30. Management and public relations services (874). 31. Medical and dental laboratories (807). 32. Membership organizations (86). 33. Membership sports and recreation clubs (7997). 34. Miscellaneous equipment rental and leasing (735). 35. Miscellaneous personal services not elsewhere classified (7299). 36. Motion picture distribution and allied services (782). 37. Motion picture production and allied services (781). 38. Motion picture theaters (7832). 39. “Motor vehicle repair shops” [SR] (753), allowed as a permitted use at 875 South Randall Road only. 40. News syndicates (7383). 41. Noncommercial research organizations (8733). 42. Offices and clinics of dentists (802). 43. Offices and clinics of doctors of medicine (801). 44. Offices and clinics of doctors of osteopathy (803). 45. Offices and clinics of other health practitioners (804). 46. Other schools and educational services (829). 47. Personnel supply services (736). 48. Photofinishing laboratories (7384). 49. Photographic studios, portrait (722). 50. Physical fitness facilities (7991). 51. Professional sports operators and promoters (7941). 52. Radio and television repair shops (7622). 53. Refrigerator and air conditioning service and repair (7623). 54. Reupholstery and furniture repair (764). 55. Security systems services (7382). 56. Shoe repair shops and shoe shine parlors (725). VOLUME LXXI MAY 24, 2006 466 57. Tax return preparation services (7291). 58. Testing laboratories (8734). 59. Theatrical producers (792). 60. Video tape rental (784). 61. Vocational schools (824). 62. Watch, clock and jewelry repair (763). Retail Trade Division. 63. Apparel and accessory stores (56). 64. Automatic merchandising machine operators (5962). 65. Building materials, hardware and garden supply (52). 66. Carryout restaurants (5812). 67. Catalog and mail order houses (5961). 68. Direct selling establishments (5963). 60. Drinking places (alcoholic beverages) (5813). 70. Drug stores and proprietary stores (591). 71. Eating places (5812). 72. Florists (5992). 73. Food stores (54). 74. General merchandise stores (53). 75. Home furniture, furnishings and equipment stores (57). 76. Miscellaneous retail stores not elsewhere classified (5999). 77. Miscellaneous shopping goods stores (594). 78. Mobile home dealers (52). 79. Motor vehicle dealers (5994). 80. “Motor vehicle service stations” [SR] (554), allowed as a permitted use at 801 South Randall Road only. 81. News dealers (5994). 82. Optical goods stores (5995). 83. "Outdoor eating and drinking facilities" [SR] (UNCL). 84. “Package liquor sales establishments” [SR] (5921), allowed as a permitted use at 815 South Randall Road only. 85. Tobacco stores (5993). 86. Used building materials (5932). 87. Used merchandise stores (593). Agricultural Division. 88. Dog grooming (0752). 89. Farm labor and management services (076). 90. Green houses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). 91. Landscape counseling and planning (0781). 92. Lawn and garden services (0782). 93. Ornamental shrub and tree services (0783). 94. Veterinary services for household pets (0742). Construction Division. 95. "Contractors office and equipment areas" [SR] (UNCL). MAY 24, 2006 VOLUME LXXI 467 Manufacturing Division. 96. Commercial printing occupying less than 5,000 square feet of gross floor area (2752). Wholesale Trade Division 97. Apparel piece goods and notions (513). 98. Drugs, drug proprietaries, and druggists' sundries (512). 99. Electrical goods (506). 100. Furniture and home furnishings (502). 101. Groceries and related products (514). 102. Hardware, and plumbing and heating equipment and supplies (507). 103. Machinery, equipment, and supplies (508). 104. Metals and minerals, except petroleum (505). 105. Motor vehicles and motor vehicle parts and supplies (501). 106. Paper and paper products (511). 107. Professional and commercial equipment and supplies (504). Transportation, Communication and Utilities Division. 108. "Amateur radio antennas" [SR] (UNCL). 109. Arrangement of passenger transportation (472). 110. Arrangement of transportation of freight and cargo (473). 111. Branch United States post offices (4311). 112. Bus charter service operators offices (414). 113. Cable and other pay television services (484). 114. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 115. Communication services not elsewhere classified (489). 116. Intercity and rural bus transportation operators offices (413). 117. "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47, Off Street Loading (UNCL). 118. Local and suburban passenger transportation operators offices (411). 119. Packing and crating (4783). 120. "Radio and television antennas" [SR] (UNCL). 121. Radio and television broadcasting stations (483). 122. Railroad operators offices (401). 123. "Satellite dish antennas" [SR] (UNCL). 124. School bus operators offices (415). 125. Taxicab operators offices (412). 126. Telegraph and other message communications (482). 127. Telephone communications (481). 128. "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) (UNCL). Miscellaneous Uses Division. 129. "Drive through facilities" [SR], subject to the provisions of Chapter 19.45, Off-Street Parking. VOLUME LXXI MAY 24, 2006 468 130. "Fences and walls" [SR] (UNCL). 131. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47, Off-Street Loading. 132. "Outdoor display areas" [SR] (UNCL). 133. "Outdoor display lots" [SR] (UNCL). 134. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45, Off Street Parking. 135. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45, Off Street Parking. 136. "Refuse collection area" [SR]. 137. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.35 Signs. 138. "Storage Tanks" [SR] (UNCL). 139. "Temporary uses" [SR] (UNCL). 140. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 141. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400, Component Land Uses. b. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: Municipal Services Division. 1. "Municipal facilities" [SR] on a zoning lot [SR] containing less than two acres of land. Public Administration Division. 2. Public administration (J) on a zoning lot containing less than two acres of land. Services Division. 3. Amusement parks (7996). 4. Arenas, sports fields, and stadiums (UNCL). 5. Ballrooms (7911). 6. Billiard parlors (7999). 7. Bingo parlors (7999). 8. Bowling centers (7933). 9. "Car washes" [SR] (7542). 10. Check cashing agencies (6099). 11. Child day care services (835). 12. Coin operated amusement establishments (7993) 13. Dance halls (7911) 14. Discotheques (7911) 15. Drive in motion picture theaters (7833). 16. Fortune tellers (7999). 17. "Home child day care services" [SR] (8351). 18. Individual and family social services (832). MAY 24, 2006 VOLUME LXXI 469 19. Massage parlors (7299). 20. "Motor vehicle repair shops" [SR] (753). 21. "Motor vehicle top, body and upholstery repair shops, and paint shops" [SR] (7532). 22. Organization hotels and lodging houses, on membership basis (704). 23. Pool parlors (7999). 24. Power laundries (7211). 25. Recreational vehicle parks and campsites (7033). 26. Sporting and recreational camps (7032). 27. Steam baths (7299) 28. Tattoo parlors (7299) 29. "Teen clubs" (SR) (UNCL) 30. Turkish baths (7299) Retail Trade Division. 31. Convenience food stores, operated on a 24-hour basis (5411). 32. Drive in restaurants (5812). 33. Firearms sales (5941). 34. "Motor vehicle service stations" [SR] (554). 35. "Package liquor sales establishments" (SR) (5921). 36. Pawn shops (5932) Agricultural Division. 37. "Kennels" [SR] (0752). Mining Division. 38. "Temporary mining" [SR] (UNCL). Wholesale Trade Division. 39. Beer, wine, and distilled alcoholic beverages (518). 40. Lumber and other construction materials (503). Transportation, Communication, and Utilities Division. 41. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 42. "Conditional Commercial Antenna Tower" [SR] (UNCL). 43. Courier services (4215). 44. Heliports (458). 45. Pipelines, except natural gas (461). 46. Public warehousing and storage (422). 47. "Other radio and television antennas" [SR] (UNCL). 48. "Other satellite dish antennas" [SR] (UNCL). 49. Railroad tracks (401). 50. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). 51. Water transportation (44). Miscellaneous Uses Division. 52. "Commercial operations yards" [SR] (UNCL). VOLUME LXXI MAY 24, 2006 470 53. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 54. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 Off Street Parking. 55. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 Off Street Parking. 56. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.55 Planned Developments. 57. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 58. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400, Component Land Uses. 59. "Accessory package liquor sales establishment" (SR) (UNCL). C. Similar Uses. The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the AB Area Business District or in a less restrictive zoning district, pursuant to Section 19.10.400 H. Classification of Land Uses: Services Division. 1. Amusement and recreational services, not elsewhere classified (7999). 2. Automotive services (7549). 3. Business services not elsewhere classified (7389). 4. Laundry and garment services not elsewhere classified (7219). 5. Miscellaneous health and allied services not elsewhere classified (809). 6. Miscellaneous personal services not elsewhere classified (7299). 7. Miscellaneous repair shops and related services (769). 8. Services not elsewhere classified (899). 9. Social services not elsewhere classified (839). Wholesale Trade Division. 10. Miscellaneous durable goods (509). 11. Miscellaneous nondurable goods (519). Transportation, Communication, and Utilities Division. 12. Transportation services not elsewhere classified (4789). G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PAB zoning district, site design for a zoning lot, lot area, lot width, setbacks, accessory structures and buildings, yards, landscape yards, floor area, and building coverage shall be in substantial conformance to the development plans and building elevations contained in the following documents and specifications: 1. Meijer Fresh project booklet, dated February, 1999. 2. Woodbridge Commons project booklet, dated June 30, 1999. MAY 24, 2006 VOLUME LXXI 471 3. Site and Landscape Plan for Woodbridge II Retail, prepared by United Insulated Structures Corp., and dated December 14, 2001., and revised on January 18, 2002. 4. Building Elevations for Woodbridge II Retail, prepared by United Insulated Structures Corp., and dated December 14, 2001. 5. The refuse collection area located on Lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road) shall be constructed out of the same materials as the building. 6. The alley/walkway located at the rear of the new building to be located Lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road) shall be enclosed or provided with a gate to provide safety. 7. At least one internal sidewalk shall be provided on Lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road) somewhere along the property’s easterly lot line to allow access to the site from adjoining properties. 8. The proposed landscape plan shall be revised to provide additional landscaping along the service drives flanking the subject property’s north and east lot lines. The landscaping shall be subject to the approval of the Community Development Group. 9. Substantial conformance to the Site Plan, prepared by Menard, Inc., dated September 8, 2005; and to the Building Elevation, prepared by Menard, Inc., dated September 2, 2005 10. Conformance with all applicable codes and ordinances. H. Off Street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended, except as provided within this section. I. Off Street Loading. In this PAB zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of 19.50, Signs, as may be amended from time to time, except as may be provided within this section. In this PAB zoning district, signs shall be developed in conformance with following conditions: 1. Substantial conformance with the sign elevation drawings contained in the Meijer Fresh project booklet, dated February, 1999. 2. Substantial conformance with the sign elevation drawings contained in the Woodbridge Commons project booklet dated June 30, 1999. 3. All wall signs provided on the building located on lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road) shall be of individual letter style mounted on a raceway. No box-style signs shall be permitted. VOLUME LXXI MAY 24, 2006 472 4. Lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road) may be developed with one freestanding sign containing not more than 60 square feet of surface area with a maximum height of 10 feet. The base of this sign must be constructed of a masonry material complementary to the building located on that lot, or complimentary to other structures located within the Woodbridge Commons commercial center. 5. Substantial conformance to the Sign Elevation, prepared by Menard, Inc., dated September 2, 2005 6. Conformance with all applicable codes and ordinances. K. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. 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 PAB zoning district and without necessitating that all other property owners authorize such an application. L. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners authorize such an application. M. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, as may be amended from time to time. Section 5. That the City Council of the City of Elgin hereby grants a Conditional Use for a Planned Development in the ARC Arterial Road Corridor District, subject to the provisions of this ordinance, permitting the construction of a new building containing over 1,000 square feet in floor area. Section 6. 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 MAY 24, 2006 VOLUME LXXI 473 Presented: May 24, 2006 Passed: May 24, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 25, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-112 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEYFARTH SHAW LLP/WORKRIGHT TRAINING LLC FOR EMPLOYEE TRAINING Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 06-112 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEYFARTH SHAW LLP/WORKRIGHT TRAINING LLC FOR EMPLOYEE TRAINING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Seyfarth Shaw LLP/WorkRight Training LLC for employee training, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MAY 24, 2006 474 RESOLUTION 06-113 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PLANTE & MORAN, PLLC FOR CONSULTING SERVICES FOR SOFTWARE SELECTION AND IMPLEMENTATION Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 06-113 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PLANTE & MORAN, PLLC FOR CONSULTING SERVICES FOR SOFTWARE SELECTION AND IMPLEMENTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Plante & Moran, PLLC for consulting services for software selection and implementation, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-114 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH IDOT FOR FEDERAL PARTICIPATION IN RIGHT- OF-WAY ACQUISITION FOR THE WING/STATE INTERSECTION PROJECT Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. MAY 24, 2006 VOLUME LXXI 475 Resolution No. 06-114 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH IDOT FOR FEDERAL PARTICIPATION IN RIGHT-OF-WAY ACQUISITION FOR THE WING/STATE INTERSECTION PROJECT 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 a Local Agency Agreement on behalf of the City of Elgin with IDOT regarding federal participation in right-of-way acquisition for the Wing/State Intersection Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-115 ADOPTED RATIFYING EXECUTION OF A REAL ESTATE TAXES AGREEMENT REGARDING THE CONVEYANCE OF THE SHADOW HILL SUBDIVISION PARK SITE Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 06-115 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE TAXES AGREEMENT REGARDING THE CONVEYANCE OF THE SHADOW HILL SUBDIVISION PARK SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Real Estate Taxes Agreement by Ed Schock, Mayor, and Dolonna Mecum, City Clerk, regarding the conveyance of the Shadow Hill VOLUME LXXI MAY 24, 2006 476 Subdivision Park Site on Nesler Road in Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-116 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR THE SOUTH STREET EXTENSION PROJECT Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 06-116 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR THE SOUTH STREET EXTENSION 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 an Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc. on behalf of the City of Elgin for the South Street Extension Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MAY 24, 2006 VOLUME LXXI 477 RESOLUTION 06-117 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAMP INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 7 Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 06-117 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAMP INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Lamp, Inc. for construction management services for Fire Station 7, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-118 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "N" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS ROAD) Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. VOLUME LXXI MAY 24, 2006 478 Resolution No. 06-118 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "N" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd. dated December 10, 2004 and last revised March 27, 2006 for Neighborhood "N" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-119 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "O" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS ROAD) Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 06-119 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "O" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd. dated December 10, 2004 and last revised May 4, 2006 for Neighborhood "O" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor MAY 24, 2006 VOLUME LXXI 479 Presented: May 24, 2006 Adopted: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Telecommunications Tax Report February 2006 Centre Advisory Board Minutes for January 12, 2006 Elgin Area Convention and Visitors Bureau Board Minutes for April 11, 2006 Elgin Cultural Arts Commission Minutes for April 10, 2006 Hemmens Cultural Center Advisory Board Minutes for March 9, 2006 Heritage Commission Minutes for January 10, 2006, February 7, 2006, and March 7, 2006 Veterans Memorial Park Committee Minutes for March 15, 2006 Planning and Development Commission Minutes for April 3, 2006 and April 17, 2006 Zoning and Subdivision Hearing Board Minutes for March 15, 2006 Committee of the Whole Minutes for April 26, 2006 City Council Minutes for April 26, 2006 Disbursement Report ANNOUNCEMENTS Mayor Pro Tem Walters made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. The meeting adjourned at 7:40 p.m. s/Dolonna Mecum June 14, 2006 Dolonna Mecum, City Clerk Date Approved