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HomeMy WebLinkAboutk - June 14480 VOLUME LXXI JUNE 14, 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 June 14, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:17 p.m. The Invocation was given by Pastor James Marks. Mayor Schock stated that he had been informed today that Jeremiah Homuth, son of Elgin Firefighter Jeff Homuth, serving in Iraq, was seriously wounded. Mayor Schock asked everyone to devote a moment to silence to Jeremiah and his family. The Pledge of Allegiance was led by State Representative Ruth Munson. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE MAY 24, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve the May 24, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. COMMUNICATIONS Proclamation Recognizing Army E-4 Specialist Angelica Reyes Mayor Schock read and presented a proclamation to E-4 Army Specialist Angelica Reyes, who is a member of the Army Escort Teams that protect units transporting equipment and supplies in Iraq. E-4 Army Specialist Reyes is the recipient of two Purple Hearts. The first one given to her due to an injury caused by a suicide roadside bomber in Iraq, and the second Purple Heart was given due to an injury caused by an attack while coming back to Iraq from Jordan. She is believed to be the only Elginite to receive such distinction. Mayor Schock proclaimed the achievements of E-4 Army Specialist Angelica Reyes’ as outstanding. E-4 Army Specialist Reyes thanked the City and her family for their support. She explained the mission of her unit and described the two attacks and the injuries she sustained. She is a former Miss Puerto Rico of Elgin, and after the completion of her reign, she enlisted in the Army in 2003 and recently re-enlisted for another four years and will be stationed in Germany the next JUNE 14, 2006 VOLUME LXXI 481 two years. She expressed her gratitude for the recognition given to her tonight. She was given a standing ovation. Mayor Schock stated that everyone in the room and the City of Elgin would like to say, “The thanks is ours!” New Citizenship Recognition Laura Barth stated that she is pleased to be one of the members of the committee to honor the new citizens. She thanked the City Council for letting the committee use this time to honor the people who have recently become citizens. She became a citizen 26 years ago. Having Elgin celebrate and welcome the new citizens is a great achievement for the City, and it shows the new citizens that the American citizens welcome them. She introduced Rich Reid, instructor of citizenship classes at Elgin Community College. Mr. Reid stated that it has been his joy to teach citizenship classes at ECC for the last three years. There were 220 students this past year, and 52 of them have become citizens and others are in the process. He described in detail the extensive and difficult process and requirements for becoming a citizen. One of the students and new citizen, Juan Castro, stated that he came to the United States from Mexico in 1987 when he was 18 years old. He enrolled in English classes at ECC and became a citizen on January 1, 2006. He said he loves this country because it gave him and his family an opportunity for a better life. He is happy to be here and proud to be an American citizen. As the names of the new citizens were read by Shari Matthews Huizar, Executive Director for Centro de Informacion, the Mayor, Councilmembers, City Manager, and State Representative Munson congratulated each new citizen and presented them with a certificate and small American flag. The ceremony was concluded with the Elgin Coral Union singing “America the Beautiful” and the “Star Spangled Banner.” Mayor Schock thanked everyone involved for all their work in making this very meaningful ceremony possible. RECOGNIZE PERSONS PRESENT Bennie Sowers stated that she is concerned about the significant increase in reckless driving and speeding in the Blackhawk area which she has notified the Elgin Police Department about at least twice. She has lived in the area 16 years and has never seen so many cars lining the streets (especially on nights and weekends), incidents of loud mufflers and stereos in cars, and most importantly the reckless driving. She requests that a study of the area be conducted immediately in order to avert a child being injured by a speeding car. She also asks that the laws regarding speeding and reckless driving be enforced fairly and consistently. Ron Mamajek stated that he received a letter stating that he must remove planters and other items from his son’s cemetery plot in Section 19 of Bluff City Cemetery. Section 19 of the cemetery only allows small urns as decorations and is considered the low maintenance section of the cemetery. His son died in an automobile accident in 1986, and Mr. Mamajek stated that he has visited his son’s grave every Saturday morning the past 10 years. He is requesting that Council change the requirements regarding Section 19 to permit the display of items to be placed on the grave similar to what is permitted in other parts of the cemetery that allow flower pots and decorations. VOLUME LXXI JUNE 14, 2006 482 LaWanda Clark stated that she is concerned about the “zero tolerance” enforcement plan for code violations mainly because she does not believe that the City is holding itself up to the same standards. She cited an example of dead trees behind her property and believes that the City should lead by example. Doug Heaton presented a binder to Councilmembers outlining specific steps he believes should be taken by the City of Elgin with reference to enforcing fraudulent ID detection and prosecution and reporting and cooperating with Federal Immigration Authorities. Mr. Heaton stated that he was advised by the Elgin Police Department that immigration status is a Federal enforcement matter. He disagrees and also believes that it is every employer’s responsibility to check the documentation of citizenship provided by prospective employees. He asks that the Police Department enforce immigration laws. Jerry Sorensen expressed his appreciation for the efforts that Elgin has made to build fine neighborhoods through programs aimed to preserve and promote the City of Elgin. A number of organizations work together to preserve the integrity and historic character of Elgin. Mr. Sorensen distributed an outline to the Council regarding issues and suggestions with reference to future plans for the 1901 D.C. Cook building and site. He requested that residents of Elgin’s northeast side and citizens of Elgin be given the opportunity to work with the City to make this area a historical center for the future. BID 06-026 AWARDED TO ASSOCIATED ELECTRICAL CONTRACTOR’S, INC. FOR PURCHASE AND INSTALLATION OF A NEW EMERGENCY GENERATOR FOR CITY HALL Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to award a contract to Electrical Contractor’s, Inc. in the amount of $55,650 for the purchase and installation of a new emergency generator outside of City Hall, including a five year extended warranty. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-041 AWARDED TO GOLD MEDAL CHICAGO, LEONARDI’S FOOD SPECIALTIES, AND FOX RIVER FOODS FOR THE PURCHASE OF CONCESSION ITEMS FOR THE PARKS AND RECREATION DEPARTMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to award a contract to Gold Medal Chicago in the amount of $16,883 for concession items at The Centre, Wing Park Family Aquatic Center, Lords Park Family Aquatic Center and the Elgin Sports Complex; award a contract to Leonardi’s Food Specialties in the amount of $23,405 for concession items at The Centre, Wing Park Family Aquatic Center, Lords Park Family Aquatic Center, and the Elgin Sports Complex; and award a contract to Fox River Foods in the amount of $9,505 for concession items at the Elgin Sports Complex. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 14, 2006 VOLUME LXXI 483 BID 06-052 TO AWARD THE CONSTRUCTION OF THE 1.0 MILLION GALLON HIGHLAND AVENUE WATER TOWER (T11) TO CHICAGO BRIDGE AND IRON CONSTRUCTORS 052 REMOVED FROM THE AGENDA At the request of staff, Bid 06-052 was removed from the agenda. BID 06-053 AWARDED TO BRANDENBURG INDUSTRIAL SERVICE FOR THE DEMOLITION OF VARIOUS CITY OWNED BUILDINGS Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award a contract to Brandenburg Industrial Service in the amount of $720,200 to demolish the buildings at the six City locations listed below plus the alternate of installing electrical service on the Unilever site to be used for an irrigation system, holiday decorations, and future lighting. 51-119 N. State Street (Unilever Building) 270 N. State Street (House) 979 Liberty Street (House) 799 Hastings (Drake Field – Weigh Building) Water Road (House and Out Building – Future Park) 40 Ann Street (Old Public Works) Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-055 AWARDED TO REESE RECREATION PRODUCTS FOR THE PURCHASE AND INSTALLATION OF A NEW PICNIC SHELTER FOR LORDS PARK Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award Reese Recreation Products a contract in the amount of $30,200 for the purchase and installation of a new picnic shelter for the Lords Park. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 42-05 APPROVED 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; VOLUME LXXI JUNE 14, 2006 484 (CONTINUED FROM PREVIOUS PAGE) 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 Sandor made a motion, seconded by Councilmember Figueroa, to move Petition 42-05 from the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Community Development Director Deering stated that this petition involves 15 acres on the east side of South McLean Boulevard. He outlined in detail the changes made by the applicant since the May 24 Council meeting. Councilmember Kaptain stated that since he is a member of the Loyal Order of Moose, he will abstain from participating in the discussion or voting on this petition due to what could be perceived as a possible conflict of interest. Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to approve Petition 42-05 subject to the conditions and compliance by the developer to the changes presented by Mr. Deering. Councilmember Sandor stated that he is glad this matter is finally coming to an end in that it’s been the most aggravating issue he’s had to deal with since being on the Council. The Moose and the developer came to the City over a year ago with a plan. The proposal went through the Planning Department and the Planning and Development Commission, and only when it came to the Council did materials become an issue. The guidelines are very broad and just state that we require quality material. He stated that masonry was not required for 9 of the last 30 petitions brought before the Council. Councilmember Sandor requested that staff bring back to the Council by mid-July with a list of materials and let the Council decide what is acceptable so that developers and anyone who comes before us knows from the beginning what the Council expects. He is not pleased with the process and stated we should treat developers fairly. Councilmember Figueroa stated that he shares some of the same concerns and particularly regarding the process. Councilmember Walters stated that the City of Elgin is becoming the City of self storage facilities, especially on the entryways. He stated that some communities don’t allow self storage facilities at all. He can’t support this petition because of the self storage component. Councilmember Rodgers stated that she agreed with Councilmembers Sandor and Figueroa and wants developers who come to the City to know upfront what is expected. Mayor Schock stated that he believes there is inconsistency in some of the comments made, and he is bewildered by some of the positions being expressed tonight. The arterial road requirements are well known to developers, and they know they are going to be subject to special requirements because these are the most visible places in our community and we want the JUNE 14, 2006 VOLUME LXXI 485 buildings along them to be a credit to the community and to set a standard. He also stated that he didn’t hear any of the Councilmembers raise some of the issues expressed tonight when the previous 30 petitions were being considered. This is a good compromise. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, and Mayor Schock. Nays: Councilmember Walters. Councilmember Kaptain abstained due to a conflict of interest. PETITION 23-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT, AND AN AMENDMENT TO ORDINANCE NUMBER G68-01, TO EXPAND AN ACCESSORY STRUCTURE WITHIN THE CF COMMUNITY FACILITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 750 SUMMIT STREET BY THE UNITED STATES OPERATING COMPANY OF CHICAGO, LLC DOING BUSINESS AS U.S. CELLULAR, AS APPLICANT, AND THE CITY OF ELGIN, AS OWNER Community Development Director Deering stated that this petition involves nine acres located at the northwest corner of Summit and Hiawatha Streets. The applicant, U.S. Cellular, wants to have a co-location on an existing cell tower and is proposing to expand the existing mechanical unit shelter located at the base of the existing commercial antenna tower. Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to approve Petition 23-06 subject to conditions outlined and the additional condition that U. S. Cellular enter into a lease agreement with the City of Elgin for the lease of this property. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 24-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO CONSTRUCT A NEW CONCESSION STAND WITHIN THE CF COMMUNITY FACILITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 750 SUMMIT STREET BY ELGIN AMERICAN LITTLE LEAGUE, AS APPLICANT, AND THE CITY OF ELGIN, AS OWNER Community Development Director Deering stated that this petition involves the same property as Petition 23-06. It will allow the Elgin American Little League to construct a new concession stand which will be constructed of masonry split faced block. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 24-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JUNE 14, 2006 486 RESOLUTION 06-134 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ELGIN PUERTO RICAN PARADE COMMITTEE (ELGIN PUERTO RICAN PARADE & FESTIVAL) Councilmember Rodgers made a motion, seconded by Councilmember Sandor, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Figueroa abstained due to a conflict of interest. Resolution No. 06-134 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ELGIN PUERTO RICAN PARADE COMMITTEE (Elgin Puerto Rican Parade & Festival) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-sponsorship Agreement on behalf of the City of Elgin with the Elgin Puerto Rican Parade Committee for the Elgin Puerto Rican Parade and Festival to be held August 12, 2006, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MOTION TO CONSIDER AGENDA ITEMS O-5 THROUGH O-8 IN ONE MOTION Councilmember Walters made a motion, seconded by Councilmember Sandor, to approve Other Business Agenda Items 5 through 8 (Ordinance Numbers S14-06 and G46-06 through G48-06) in one motion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass Ordinance Numbers S14-06 and G46-06 through G48-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 14, 2006 VOLUME LXXI 487 ORDINANCE S14-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (PORTIONS OF 901 AND 1000 CORRON ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S14-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Portions of 901 and 1000 Corron Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of Sections 25 and 26, Township 41 North, Range 7, East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of Lot 10 in Unit No. 1 Saddlebrook, Plato Township, Kane County, Illinois; thence Northerly along the West line of said Corron Road, 1131.02 feet to the North line of Bowes Road; thence Southeasterly along said North line of said Bowes Road, 1476.90 feet to the Westerly line of a tract of land conveyed to Michael A. Dimiceli and Cheryl A. Dimiceli by deed recorded as Document 91K21899 extended northerly; thence Southwesterly along said Westerly line of said Dimiceli tract, 248.58 feet to the Southwest corner of said Dimiceli tract; thence Southeasterly along the southerly line of said Dimiceli tract, 198.40 feet to the Southeast corner of said Dimiceli tract; thence Northeasterly along the Easterly line of said Dimiceli tract, 33.25 feet (measure = 33.28 feet) to the Southwesterly line of Mary E. Allen's plat of East Plato; thence VOLUME LXXI JUNE 14, 2006 488 Southeasterly along said Southwesterly line and its extension South Southeasterly, 875.91 feet to the East line of Nesler Road; thence Southerly along said East line of Nesler Road, 474.57 feet to the South line of the Northwest Quarter of said Section 25; thence Westerly along the South line of said Northwest Quarter of said Section 25, 1360.36 feet to the Southwest corner of the Northwest Quarter of said Section 25; thence Westerly along the Northerly line of the Southeast Quarter of said Section 26, 894.56 feet to the East line of Corron Road; thence Northerly, along said East line, 480.70 feet; thence Westerly 80.00 feet to the place of beginning, in Kane County, Illinois. Also including Lots 3, 4, 5, 6, 7, 8 and 9 of Mary Allen's Plat of East Plato, and all of Bowes Road lying Northerly of and adjoining said lots, in Plato Township, Kane County, Illinois. Described area containing 56.46 acres more or less. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Passed: June 14, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G46-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (STONEBROOK SUBDIVISION - 901 AND 1000 CORRON ROAD) (TRACTS 16 AND 20) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 14, 2006 VOLUME LXXI 489 Ordinance No.G46-06 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Stonebrook Subdivision - 901 and 1000 Corron Road) (Tracts 16 and 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described: Those areas identified on the attached zoning exhibit map, prepared by Glen D. Krisch Land Surveyor, Inc., dated last revised April 5, 2005, Tracts 16 and 20 and designated in the PCF Planned Community Facility District.” Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. VOLUME LXXI JUNE 14, 2006 490 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, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Construction Division. 6. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 7. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 8. "Radio and television antennas" [SR] (UNCL). 9. "Satellite dish antennas" [SR] (UNCL). JUNE 14, 2006 VOLUME LXXI 491 10. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 11. "Fences and walls" [SR] (UNCL). 12. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 13. "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. 14. "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. 15. "Refuse collection area" [SR]. 16. "Storage Tanks" [SR] (UNCL). 17. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 18. "Temporary uses" [SR] (UNCL). 19. "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. 20. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Child day care services (835). 2. "Institutional child day care services" [SR] (8351). 3. Job training and vocational rehabilitation service. 4. Social services not elsewhere classified (839). 5. Sporting and recreational camps (7032). Mining Division. 6. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 7. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 8. "Conditional Commercial Antenna Tower" [SR] (UNCL). 9. "Other radio and television antennas" [SR] (UNCL). 10. "Other satellite dish antennas" [SR] (UNCL). 11. Pipelines, except natural gas (461). 12. Refuse systems (4953). 13. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. VOLUME LXXI JUNE 14, 2006 492 14. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 15. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 16. "Parking structures" [SR] (UNCL). 17. "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. 18. "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. 19. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF district, the use and development of land and structures shall be subject to the following conditions: 1. Zoning Lots - Generally. In this PCF zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots Clarifications and Exceptions. 2. Lot Area. In this PCF zoning district, the minimum required "zoning lot area" [SR] shall be 20,000 square feet. 3. Lot Width. In this PCF zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 125 linear feet. 4. Setbacks - Generally. In this PCF zoning district, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400, Setbacks Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PCF zoning district, all existing setbacks located on the park site shall be considered lawful conforming setbacks. Any new structure shall be developed in conformance with the following requirements: a. Building Setbacks. 1. Street Setback. The minimum required building setback from a "street lot line" [SR] shall be calculated as follows: Street setback (StS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000019428; the product plus 25 linear JUNE 14, 2006 VOLUME LXXI 493 feet. Minimum street setback can be expressed by the following formula: StS = [(ZLA 20,000) x .000019428] + 25. 2. Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be calculated as follows: Interior setback (IS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000015542; the product plus five linear feet. Minimum interior setback can be expressed by the following formula: IS = [(ZLA 20,000) x .000015542] + 5. 3. Transition Setback. The minimum required building setback from a "transition lot line" [SR] shall be calculated as follows: Transition setback (TS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000038856; the product plus 50 linear feet. Minimum transition setback can be expressed by the following formula: TS = [(ZLA 20,000) x .000038856] + 50. b. Vehicle Use Area Setbacks. 1. Street Setback. For zoning lots with a "vehicle use area" [SR], the minimum required vehicle use area setback from a street lot line shall be calculated as follows: Vehicle use area street setback (VUAStS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000013211; the product plus eight linear feet. Minimum vehicle use area setback can be expressed by the following formula: VUAStS = [(ZLA 20,000) x .000013211] + 8. 2. Interior Setback. For zoning lots with a vehicle use area, the minimum required vehicle use area setback from an interior lot line shall be six linear feet. 6. Accessory Structures and Buildings. In this PCF zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 7. Yards - Generally. In this PCF zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] or a "transition landscape yard" VOLUME LXXI JUNE 14, 2006 494 [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards. 8. Landscape Yards. In this PCF zoning district, landscape yards shall be as follows: a. Transition Landscape Yards. A "transition landscape yard" [SR] shall be provided adjoining the entire length of a transition lot line. Transition landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. The depth of the transition landscape yard shall be one half of the required transition setback calculated in Section 19.30.135, E., c. Transition Setback. b. Vehicle Use Area Landscape Yards. The yards established by vehicle use area setbacks from a street lot line and from an interior lot line shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Section 19.45.100, Access Driveways to a Public Right of Way and Section 19.45.110, Size of Driveways. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. c. Interior Landscape Yards. "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds 5,000 square feet in area, subject to the provisions of Section 19.12.700, Landscaping. 9. Floor Area. In this PCF zoning district, the maximum "floor area" [SR] for a zoning lot shall be calculated as follows: Floor area (FA) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4985; the product plus 12,000 square feet. Maximum floor area can be expressed by the following formula: FA = [(ZLA 20,000) x .4985] + 12,000. 10. Building Coverage. In this PCF zoning district, the maximum "building coverage" (SR) for a zoning lot shall be calculated as follows: Building coverage (BC) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4016; the product plus 6,000 square feet. Maximum building coverage can be expressed by the following formula: BC = [(ZLA 20,000) x .4016] + 6,000. 11. Landscaping. In this PCF zoning district, landscaping shall be installed in substantial conformance with the Preliminary Landscape Plan (Sheets 1-3) JUNE 14, 2006 VOLUME LXXI 495 prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 12. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures for the sites other than the publicly owned park sites shall also be subject to the following conditions: a. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan, dated February 11, 2005, as revised, including: 1. Design Review Process and Requirements for Stonebrook 2. Preliminary Plat (Sheets 1-4), prepared by Land Vision, Inc. dated February 8, 2005. 3. Preliminary Landscape Plan, prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 4. Entrance Monumentations/Sign Exhibit, prepared by George Kay and Associates and Land Vision, Inc., dated April 4, 2005. 5. Preliminary Engineering, prepared by Christopher B. Burke Engineering West, Ltd., dated February 11, 2005. b. Conformance with all applicable codes and ordinances. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The maximum surface area of a “Development Sign” [SR] shall be 84 square feet. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. VOLUME LXXI JUNE 14, 2006 496 M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations In this PCF zoning 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. A variation 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 in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor JUNE 14, 2006 VOLUME LXXI 497 Passed: June 14, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G47-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (STONEBROOK SUBDIVISION - 901 AND 1000 CORRON ROAD) (TRACT 14) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G47-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (Stonebrook Subdivision - 901 and 1000 Corron Road) (Tract 15) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PMFR Planned Multiple Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: VOLUME LXXI JUNE 14, 2006 498 “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described property: The area identified on the attached zoning exhibit map, prepared by Glen D. Krisch Land Surveyor, Inc., dated last revised April 5, 2005, identified as Tract 15 and designated in the PMFR Planned Multiple Family Residence District.” Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment of the lowest standardized density for multiple family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. E. Location and Size of District. This PMFR zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PMFR zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way shall not be less than two acres. F. Land Use. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PMFR District: JUNE 14, 2006 VOLUME LXXI 499 Residence Division. 1. “Attached dwellings” [SR] (townhomes) (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). 6. “Residential storage” [SR] (UNCL). 7. “Residential storage of trucks or buses” [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a “zoning lot” [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9. “Development sales office” [SR] (UNCL). Services Division. 10. “Family residential care facility” [SR] (8361). 11. “Home child day care services” [SR] (8351). 12. “Residential Care Facility” [SR]. Construction Division 13. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 14. “Amateur radio antennas” [SR] (UNCL). 15. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 16. “Radio and television antennas” [SR] (UNCL). 17. “Satellite dish antennas” [SR] (UNCL). 18. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 19. “Fences and walls” [SR] (UNCL). 20. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 21. “Refuse collection area” [SR]. 22. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 23. “Temporary uses” [SR] (UNCL). 24. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 25. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PMFR zoning district: VOLUME LXXI JUNE 14, 2006 500 Residences Division. 1. Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Conditional commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 4. “Conditional commercial antenna tower” [SR] (UNCL) 5. “Other radio and television antennas” [SR] (UNCL). 6. “Other satellite dish antennas” [SR] (UNCL). 7. “Pipelines, except natural gas” (461). 8. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 9. “Master signage plan” [SR], subject to the provisions of Chapter 19.50, Signs. 10. “Parking structures” [SR] (UNCL), exclusively “accessory” [SR]. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PMFR Multiple Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance, and in the terms and conditions of the Annexation Agreement. In this PMFR district, the use and development of land and structures shall be subject to the following conditions: c. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan, dated February 11, 2005, as revised, including: 6. Design Review Process and Requirements for Stonebrook 7. Townhome Design Standards for Stonebrook (Sheet 4 of 4), prepared by Miniscalco Architects, Ltd. and Land Vision, Inc. 8. Preliminary Plat (Sheets 1-4), prepared by Land Vision, Inc. dated February 8, 2005. 9. Preliminary Landscape Plan, prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 10. Entrance Monumentations/Sign Exhibit, prepared by George Kay and Associates and Land Vision, Inc., dated April 4, 2005. JUNE 14, 2006 VOLUME LXXI 501 11. Preliminary Engineering, prepared by Christopher B. Burke Engineering West, Ltd., dated February 11, 2005. d. Conformance with all applicable codes and ordinances. 3. Additions to any residential structures on the subject property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. H. Off-street Parking. In this PMFR zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PMFR zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PMFR zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR VOLUME LXXI JUNE 14, 2006 502 zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Passed: June 14, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 14, 2006 VOLUME LXXI 503 ORDINANCE G48-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (STONEBROOK SUBDIVISION - 901 AND 1000 CORRON ROAD (TRACT 15) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G48-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Stonebrook Subdivision - 901 and 1000 Corron Road) (Tract 14) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: The area identified on the attached zoning exhibit map, prepared by Glen D. Krisch Land Surveyor, Inc., dated last revised April 5, 2005, as Tract 14 designated in the PSFR2 Planned Single Family Residence District.” Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: VOLUME LXXI JUNE 14, 2006 504 A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). JUNE 14, 2006 VOLUME LXXI 505 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. VOLUME LXXI JUNE 14, 2006 506 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 10,000 square feet per dwelling unit, and in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by Land Vision, Inc., and dated February 8, 2005. 3. Lot Width. In this PSFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by Land Vision, Inc., and dated February 8, 2005. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by Land Vision, Inc., and dated February 8, 2005. 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). JUNE 14, 2006 VOLUME LXXI 507 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.35 (35%). 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be subject to a landscape review for any proposed construction or landscape element which will be viewed from a public street by the Architectural Review Committee for Stonebrook Subdivision. 13. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: e. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan, dated February 11, 2005, as revised, including: 1. Design Review Process and Requirements for Stonebrook 2. Architectural Design Standards for Stonebrook (Sheets 1-3 of 4), prepared by Miniscalco Architects, Ltd. and Land Vision, Inc. 3. Preliminary Plat (Sheets 1-4), prepared by Land Vision, Inc. dated February 8, 2005. 4. Preliminary Landscape Plan, prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 5. Entrance Monumentations/Sign Exhibit, prepared by George Kay and Associates and Land Vision, Inc., dated April 4, 2005. 6. Preliminary Engineering, prepared by Christopher B. Burke Engineering West, Ltd., dated February 11, 2005. f. Conformance with all applicable codes and ordinances. c. Additions to any residential structures on the subject property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI JUNE 14, 2006 508 I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. JUNE 14, 2006 VOLUME LXXI 509 P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Passed: June 14, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-135 ADOPTED AUTHORIZING ACCEPTANCE OF AN INTERAGENCY AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR DOMESTIC VIOLENCE CASE WORKERS Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JUNE 14, 2006 510 Resolution No. 06-135 RESOLUTION AUTHORIZING ACCEPTANCE OF AN INTERAGENCY AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR DOMESTIC VIOLENCE CASE WORKERS 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 an Interagency Agreement on behalf of the City of Elgin with the Illinois Criminal Justice Information Authority for two part-time domestic case workers, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Walters, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Elgin Police Department Elgin, IL $30,946.00 Reimbursement for salary and overtime January 2006 through March 2006. Baxter & Woodman Crystal Lake, IL $13,871.62 Professional Services for storm water reviews Badger Meters Milwaukee, WI $28,421.66 Installation of water meters throughout the City. JUNE 14, 2006 VOLUME LXXI 511 REMOVAL OF RESOLUTION 06-124 FROM THE CONSENT AGENDA Councilmember Kaptain requested that Agenda Item 8 (Resolution 06-124) be removed from the consent agenda. RESOLUTION 06-124 ADOPTED DECLARING SUPPORT FOR THE FOX RIVER RENAISSANCE ALLIANCE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-124 RESOLUTION DECLARING SUPPORT FOR THE FOX RIVER RENAISSANCE ALLIANCE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby expresses its support and encouragement of the Fox River Renaissance Alliance Project. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G43-06 through G45-06 and S13-06, T20-06, and T21-06 and adopt Resolution Nos. 06-121 through 06-123 and 06-125 through 06-133 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JUNE 14, 2006 512 ORDINANCE G43-06 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G43-06 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended, entitled "Stop Intersections" be and is hereby further amended by adding the following: "Brook Street - Northbound - To Stop For River Bluff Road." Section 2. That Section 11.14.035 of the Elgin Municipal Code, 1976, as amended, entitled "Left Turns Prohibited" be and is hereby further amended by adding the following: "C. From Waverly Drive onto the southern entrance of Shiloh Lane, from 7:30 a.m. to 3:00 p.m Section 3. That Section 11.60.050O of the Elgin Municipal Code, 1976, as amended, entitled "Standing, Stopping and Parking Prohibited Where" be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050O the following: "Hill Avenue, - East - Between Franklin and Ann Streets". Section 4. That Section 11.60.081 of the Elgin Municipal Code, 1976, as amended, entitled "Fifteen Minute Parking Zones" be and is hereby further amended by amending the subparagraph thereof which provides parking restrictions for North Grove Avenue to read as follows: "North Grove Avenue, west side thereof, from East Highland Avenue northerly for one block Between the hours of 8:30 a.m. - 7:00 p.m. Monday through Friday and 8:30 a.m. - 3:00 p.m. on Saturdays." Section 5. That Section 11.60.083.2 of the Elgin Municipal Code, 1976, as amended, entitled "Ninety Minute Parking Zones" be and is hereby further amended by adding the following thereto: "Fulton Street, north side thereof, for a distance of 137 feet east of the intersection with Spring Street." JUNE 14, 2006 VOLUME LXXI 513 Section 6. That Section 11.60.084 of the Elgin Municipal Code, 1976, as amended, entitled "Two Hour Parking Zones" be and is hereby further amended by adding the following thereto: "Prairie Street Surface Parking Lot, located on the north side of Prairie Street adjacent to the Fulton Street Parking Deck, fifty three (53) parking spaces total for the east and west surface lots." Section 7. That Section 11.60.084.4 of the Elgin Municipal Code, 1976, as amended, entitled "Three Hour Parking Zones" be and is hereby further amended by adding the following thereto: "Fulton Street Parking Deck, Levels 1 and 2 consisting of one hundred seventy nine (179) regular parking stalls and twelve (12) handicapped stalls." Section 8. That Section 11.60.086 of the Elgin Municipal Code, 1976, as amended, entitled "Ten Hour Parking Zones" be and is hereby further amended by adding the following thereto: "Fulton Street Parking Deck, Levels 3, 4 and 5, consisting of three hundred fifty one (351) parking stalls." Section 9. That Section 11.60.156 of the Elgin Municipal Code, 1976, as amended, entitled "Handicapped Parking Spaces" be and is hereby further amended by adding the following thereto: "Fulton Street Parking Deck, Levels 1 and 2, twelve (12) spaces. Prairie Street Surface Parking Lot, located on the north side of Prairie Street adjacent to the Fulton Street Parking Deck, three (3) spaces reserved in the west surface lot." Section 10. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 11. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI JUNE 14, 2006 514 Presented: June 14, 2006 Passed: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: June 15, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T20-06 PASSED PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2005 TAX YEAR Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. T20-06 AN ORDINANCE PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2005 TAX YEAR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a $200.00 senior citizen property tax refund of the 2005 real property taxes levied by and collected for the City of Elgin. Section 2. That to qualify for the $200.00 senior citizen property tax refund the owner(s) of the subject property must have qualified and obtained for the 2005 tax year the Senior Citizens Homestead Exemption in accordance with 35 ILCS 200/15-170, as amended. Section 3. That senior citizens qualified to receive the $200.00 tax refund shall be identified through county property tax records for the 2005 tax year. The Fiscal Services Group Director is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. JUNE 14, 2006 VOLUME LXXI 515 Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock_____________________ Ed Schock, Mayor Presented: June 14, 2006 Passed: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: June 15, 2006 Attest: s/ Dolonna Mecum_________________ Dolonna Mecum, City Clerk ORDINANCE T21-06 PASSED PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAX Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. T21-06 AN ORDINANCE PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a refund to senior citizens of the mobile home local services tax of 2005 mobile home local services taxes levied and collected on mobile homes registered in the city of Elgin. The amount of such refund shall equal the 2005 mobile home local services taxes paid by qualified senior citizens up to a maximum refund amount of $35.00. Section 2. That to qualify for such senior citizen property tax refund the owner(s) of the subject mobile home must have qualified and obtained for the 2005 tax year the Senior Citizens Reduction of the Mobile Home Local Services Tax in accordance with 35 ILCS 515/7, as amended. VOLUME LXXI JUNE 14, 2006 516 Section 3. That senior citizens qualified to receive the mobile home local services tax refund shall be identified through county tax records for the 2005 tax year. The Fiscal Services Group Director is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Passed: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE S13-06 PASSED GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE STORMWATER MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY KNOWN AS 190 SOUTH GROVE AVENUE (FESTIVAL PARK) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S13-06 AN ORDINANCE GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE STORMWATER MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY KNOWN AS 190 SOUTH GROVE AVENUE (FESTIVAL PARK) WHEREAS, the city has adopted a Stormwater Management Ordinance to promote effective, equitable, acceptable and legal stormwater management measures by establishing reasonable rules and regulations for development that include managing and mitigating the JUNE 14, 2006 VOLUME LXXI 517 effects of urbanization on stormwater drainage through planning, appropriate engineering practices and proper maintenance, and through the promulgation of rules and regulations for protecting the public health and safety and reducing the potential for loss of human life and property from flood damage; and WHEREAS, the Stormwater Management Ordinance is codified in Title 21 of the Elgin Municipal Code and includes standards and procedures for granting variances from the provisions of the Stormwater Management Ordinance when strict compliance with the requirements of the Stormwater Management Ordinance are impracticable; and WHEREAS, the Stormwater Management Ordinance requires new construction to be made at the flood protection elevation (FPE); and WHEREAS, the city’s development of Festival Park at 190 South Grove Avenue contemplates the construction of restroom facilities for park patrons; and WHEREAS, the topography of Festival Park is such that the floor of the proposed restroom facilities will be located at the base flood elevation (BFE), the BFE being the water surface elevation that can be expected during a 100-year frequency flood event that has a one percent statistical probability of being equaled or exceeding in any given year; and WHEREAS, the BFE at the location of the proposed restroom facilities is approximately three feet below the FPE; and WHEREAS, the city has applied, pursuant to Petition 25-06, for a variance from the provisions of Section 406(a) of the Stormwater Management Ordinance which requires permits the installation of new and replacement water supply systems, wells and sanitary sewer lines if all manholes or other above-ground openings located below the FPE are watertight; and WHEREAS, the city has also applied, pursuant to Petition 25-06, for a variance from Section 407(b) of the Stormwater Management Ordinance which requires the lowest floor of all new or substantially improved non-residential buildings to be elevated at least to the FPE or to be structurally floodproofed to at least the FPE; and WHEREAS, the city has designed the restroom facilities to withstand the effects of flooding up the to FPE by both elevating the building above the BFE and by wet floodproofing the building to the FPE; and WHEREAS, the city’s Planning and Development Commission unanimously recommended approval of the city’s variance request under Petition 25-06 during its April 17, 2006 meeting, the Planning and Development Commission’s finding of facts for Petition 25-06 being incorporated into this ordinance by reference as if set out herein in full. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: VOLUME LXXI JUNE 14, 2006 518 Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this ordinance as if set out herein in full. Section 2. In accordance with the procedures set forth in Article 9 of the Stormwater Management Ordinance, Petition 25-06, in which the City of Elgin applied for a variance from the provisions of Sections 406(a) and Section 407(b) of the Stormwater Management Ordinance to construct a restroom facility at Festival Park, at 190 South Grove Avenue, is hereby granted, subject to the city’s substantial conformance with the city’s Statement and Purpose and Application for a Variance dated February 1, 2005 and prepared for Hitchcock Design Group by Hey and Associates. Section 3. That this ordinance shall be in full force and effect immediately upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Passed: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-121 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-121 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE 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 JUNE 14, 2006 VOLUME LXXI 519 authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for the Fourth of July Parade, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-122 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-122 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Proud and Beautiful, Inc. for the promotion of beautification, litter prevention, waste reduction and recycling, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI JUNE 14, 2006 520 Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-123 ADOPTED APPROVING GRANT RECIPIENTS UNDER THE NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-123 RESOLUTION APPROVING GRANT RECIPIENTS UNDER THE NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM WHEREAS, the Neighborhood Improvement Grant Program has been established to provide financial assistance and incentives for neighborhood groups and organizations in the development and implementation of projects benefiting their respective neighborhoods; and WHEREAS, in 2006 applications have been made by five citizen groups for five projects under the Neighborhood Improvement Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance be provided under the Neighborhood Improvement Grant Program to the following organizations: Organization Project Grant Hilltop Elementary School Playground $ 15,000.00 Garfield Elementary School Fence 15,000.00 Kimball Middle School New Entryway Signage 5,084.50 Coleman Elementary School Fence Phase II 4,247.50 JUNE 14, 2006 VOLUME LXXI 521 Fire Barn Museum Landscape Improvement 3,800.00 TOTAL $ 43,132.00 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-125 ADOPTED APPROVING FINAL PLAT FOR PHASE THREE OF THE EDGEWATER SUBDIVISION (2700 BOWES ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-125 RESOLUTION APPROVING FINAL PLAT FOR PHASE THREE OF THE EDGEWATER SUBDIVISION (2700 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Manhard Consulting Ltd. dated November 15, 2005, for Phase Three of the Edgewater Subdivision. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI JUNE 14, 2006 522 Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-126 ADOPTED APPROVING FINAL PLAT FOR SHADOW HILL SUBDIVISION-UNIT 4 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-126 RESOLUTION APPROVING FINAL PLAT FOR SHADOW HILL SUBDIVISION-UNIT 4 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 February 7, 2005 for Shadow Hill Subdivision-Unit 4. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-127 ADOPTED APPROVING THE ANNUAL BUDGET FOR THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 14, 2006 VOLUME LXXI 523 Resolution No. 06-127 RESOLUTION APPROVING THE ANNUAL BUDGET FOR THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby approves the fiscal year 2006/2007 budget for the Northern Illinois Special Recreation Association, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-128 ADOPTED AUTHORIZING EXECUTION OF AN APPLICATION FOR A GRANT FROM THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE DEVELOPMENT OF THE CASA LINDA PARK DEVELOPMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-128 RESOLUTION AUTHORIZING EXECUTION OF AN APPLICATION FOR A GRANT FROM THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE DEVELOPMENT OF THE CASA LINDA PARK DEVELOPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby certifies and acknowledges that it has 100% of the funds necessary (includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution, and that a failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result VOLUME LXXI JUNE 14, 2006 524 in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two (2) consecutive grant cycles following project termination. Acquisition Projects It is understood that the local project sponsor has twelve (12) months following project approval to acquire the subject property (petition to condemn must be filed for acquisitions involving eminent domain) and three (3) months to submit a final reimbursement billing request to the IDNR (excluding eminent domain cases). Development Projects It is understood that the local project sponsor has six (6) months following project approval to initiate project development and a total of 24 months to complete said development with a Final Billing request submitted to IDNR within three (3) months following completion. BE IT FURTHER RESOLVED that the City of Elgin further acknowledges and certifies that it will comply with all terms, conditions and regulations of 1) the Open Space Lands Acquisition and Development (OSLAD) program (17 IL Adm. Code 3025) or federal Land & Water Conservation Fund (LWCF) program (17 IL Adm. Code 3030), as applicable, 2) the federal Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646), and/or Illinois Displaced Persons Relocation Act (310 ILCS 40 et seq.) as applicable, 3) the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), Title VI of the Civil Rights Act of 1964, (P.L. 83-352), the Age Discrimination Act of 1975 (P.L. 94-135), the Civil Rights Restoration Act of 1988, (P.L. 100-259) and 7) the Americans with Disabilities Act of 1990 (P.L. 101-336); and will maintain the project area in an attractive and safe condition, keep the facilities open to the general public during reasonable hours consistent with the type of facility, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion; and for property acquired with OSLAD/LWCF assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used, in perpetuity, for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged, in whole or part, to another party without approval from the Illinois DNR. BE IT FURTHER RESOLVED that the City of Elgin certifies to the best of its knowledge that the data provided within the attached application is true and correct. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 14, 2006 VOLUME LXXI 525 RESOLUTION 06-129 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER & WOODMAN FOR DESIGN ENGINEERING SERVICES FOR THE BOWES ROAD INTERCEPTOR SEWER-TRUNK 20 PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-129 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER & WOODMAN FOR DESIGN ENGINEERING SERVICES FOR THE BOWES ROAD INTERCEPTOR SEWER-TRUNK 20 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 agreement on behalf of the City of Elgin with Baxter & Woodman, Inc. for design engineering services for the Bowes Road Interceptor Sewer-Trunk 20 Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-130 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL FOR ENGINEERING DESIGN SERVICES AT THE RIVERSIDE AND LYLE AVENUE WATER TREATMENT PLANTS AND LYLE AVENUE BOOSTER PUMP STATION Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JUNE 14, 2006 526 Resolution No. 06-130 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & McDONNELL FOR ENGINEERING DESIGN SERVICES AT THE RIVERSIDE AND LYLE AVENUE WATER TREATMENT PLANTS AND LYLE AVENUE BOOSTER PUMP STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Burns and McDonnell, Inc. for engineering design services for the Riverside Water Treatment Plant Wash Water Recovery Basin and Modifications to Pumps at the Airlite Water Treatment Plant and the Lyle Avenue Booster Pump Station, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-131 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN AREA CONVENTION AND VISITORS BUREAU Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-31 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN AREA CONVENTION AND VISITORS BUREAU BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Elgin Area Convention and Visitors Bureau for marketing and promotional JUNE 14, 2006 VOLUME LXXI 527 support of the tourism and convention industries, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-132 ADOPTED AUTHORIZING EXECUTION OF A FOURTH AMENDMENT AGREEMENT WITH HITCHCOCK DESIGN GROUP (FESTIVAL PARK-CONSTRUCTION SERVICES) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-132 RESOLUTION AUTHORIZING EXECUTION OF A FOURTH AMENDMENT AGREEMENT WITH HITCHCOCK DESIGN GROUP (Festival Park-Construction Services) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a fourth amendment agreement on behalf of the City of Elgin with Hitchcock Design Group for Festival Park Construction Services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI JUNE 14, 2006 528 Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-133 AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA FOR THE FINE ARTS FESTIVAL CONCERT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-133 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Performance Agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra Association for the Fine Arts Festival Concert on Friday, August 4, 2006, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 14, 2006 VOLUME LXXI 529 ORDINANCE G44-06 PASSED AMENDING CHAPTERS 11.60 AND 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, REGARDING PARKING PLACES FOR PERSONS WITH DISABILITIES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G44-06 AN ORDINANCE AMENDING CHAPTERS 11.60 AND 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, REGARDING PARKING PLACES FOR PERSONS WITH DISABILITIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 11.60, Section 11.60.155 of the Elgin Municipal Code, 1976, as amended, entitled "Unauthorized Use of Parking Places Reserved for Handicapped Persons," be and is hereby amended to read as follows: A. It shall be prohibited to park any motor vehicle which is not properly displaying registration plates or decals issued to a person with disabilities, as defined by section 1- 159.1 of the Illinois vehicle code, pursuant to sections 3-616, 11-1301.1 or 11-1301.2 of the Illinois vehicle code, or to a disabled veteran pursuant to section 3-609 of the Illinois vehicle code, in any parking place, including any private or public off-street parking facility, specifically reserved, by the posting of an official sign as designated under section 11-301 of the Illinois vehicle code, for motor vehicles displaying such registration plates. It shall be prohibited to park any motor vehicle in a designated access aisle adjacent to any parking place specifically reserved for persons with disabilities, by the posting of an official sign as designated under section 11-301 of the Illinois vehicle code, for motor vehicles displaying such registration plates. When using the parking privileges for persons with disabilities, the parking decal or device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view. Any motor vehicle properly displaying a disability license plate or a parking decal or device containing the international symbol of access issued to persons with disabilities by any local authority, state, district, territory or foreign country shall be recognized by state and local authorities as a valid license plate or device and receive the same parking privileges as residents of the state of Illinois. B. An individual with a vehicle displaying disability license plates or a parking decal or a device issued to a qualified person with a disability under sections 3-616, 11-1301.1, or 11-1301.2 of the Illinois vehicle code or to a disabled veteran under section 3-609 of the Illinois vehicle code shall be in violation of this section if: (i) the person using the disability license plate or parking decal or device is not the authorized holder of the VOLUME LXXI JUNE 14, 2006 530 disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location; and (ii) the person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under the Illinois vehicle code. C. Any person or local authority owning or operating any public or private off-street parking facility may, after notifying the city’s police department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by a person with disabilities which does not display person with disabilities registration plates or a special decal or device as required under this Section. D. Any person found guilty of violating the provisions of subparagraph A of this section shall be fined $250 in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized under this section. It shall not be a defense to a charge under this section that either the sign posted pursuant to this section or the intended accessible parking place does not comply with the technical requirements of section 11-301 of the Illinois vehicle code, state regulations or local ordinance if a reasonable person would be made aware by the sign or notice on or near the parking place that the place is reserved for a person with disabilities. E. Any person found guilty of violating the provisions of subparagraph B of this section shall be fined $500. F. As used in this section, "authorized holder" means an individual issued a disability license plate under section 3-616 of the Illinois vehicle code, an individual issued a parking decal or device under section 11-1301.2 of the Illinois vehicle code, or an individual issued a disabled veteran's license plate under section 3-609 of the Illinois vehicle code. Section 2. That Chapter 11.62, Section 11.62.110, subparagraph B of the Elgin Municipal Code, 1976, as amended, entitled "Schedule of Fines and Penalties," be and is hereby amended to read as follows: B. Notwithstanding the provisions of subsection A of this section, a violation of section 11.60.065 of this title, as amended, shall be an offense punishable by a fine in the amount of one hundred dollars ($100.00); a violation of section 11.60.155A or section 11.60.156 of this title, as amended, shall be an offense punishable by a fine in the amount of three hundred fifty dollars ($350.00); and, a violation of section 11.60.155B of this title, as amended, shall be an offense punishable by a fine in the amount of five hundred dollars ($500.00). Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. JUNE 14, 2006 VOLUME LXXI 531 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: June 14, 2006 Passed: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: June 15, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G45-06 PASSED AMENDING CHAPTER 3.80 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "THE CENTRE ADVISORY BOARD" Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G45-06 AN ORDINANCE AMENDING CHAPTER 3.80 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "THE CENTRE ADVISORY BOARD" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.80.020 of the Elgin Municipal Code, 1976, as amended, entitled "Members" be and is hereby amended to read as follows: "3.80.020: MEMBERS: The board shall consist of seven (7) members to be appointed by the city council. Each member of the board so appointed shall serve for two years and may be reappointed to a consecutive term of one year. The Centre advisory board shall elect one of its members as a chairman for a term of one year subject to reelection. In addition to the foregoing, one member of the city council shall be appointed by the city council as an ex officio nonvoting member of the board. All members of the board shall as a condition of their original appointment and continued membership on the board have a membership VOLUME LXXI JUNE 14, 2006 532 at The Centre or be active in programs or activities offered at The Centre. The majority of the members of the board shall have active memberships at The Centre. If at any time a member of the board no longer has a membership at The Centre, such member of the board shall be deemed to have resigned their position as a member of the board upon the termination or lapse of such member's membership at The Centre." Section 4. That Section 3.80.030 of the Elgin Municipal Code, 1976, as amended, entitled "Meetings" be and is hereby amended to read as follows: "3.80.030: MEETINGS: The board shall meet no less than every other month." 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 required by law. s/ Ed Schock Ed Schock, Mayor Presented: June 14, 2006 Passed: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: June 15, 2006 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, Walters, and Mayor Schock. Nays: None. City of Elgin Hotel/Motel Tax for April 2006 Civil Service Minutes for January 9, 2006 and June 5, 2006 Cultural Arts Commission Minutes for February 13, 2006 and March 13, 2006 Emergency Telephone System Board Minutes for February 16, 2006 and April 20, 2006 Fire Pension Fund Minutes for December 21, 2005, March 13, 2006, and April 25, 2006 Board of Fire and Police Commissioners Minutes for March 9, 2006 JUNE 14, 2006 VOLUME LXXI 533 Elgin Liquor Control Commission Minutes for April 5, 2006 and May3, 2006 Parks and Recreation Advisory Board Minutes for March 21, 2006 and April 25, 2006 Planning and Development Commission Minutes for May 1, 2006 Zoning and Subdivision Hearing Board Minutes for April 5, 2006 Committee of the Whole Minutes for May 10, 2006 City Council Minutes for May 10, 2006 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Walters, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 8:48 p.m. s/Dolonna Mecum June 28, 2006 Dolonna Mecum, City Clerk Date Approved