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HomeMy WebLinkAboutl - June 28534 VOLUME LXXI JUNE 28, 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 28, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:21 p.m. Mayor Schock asked everyone to devote a moment to silence for all persons in the Armed Forces who are in harms way and the Pledge of Allegiance was led by Mayor Schock. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE JUNE 14, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the June 14, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Bennie Sowers stated that she lives in the Blackhawk Subdivision and is the spokesperson tonight for other residents who were present at the meeting. She doesn’t believe that the traffic monitoring device placed in the neighborhood in response to traffic concerns she raised at the last Council meeting properly addressed the problem. There has been little or no change in the daily occurrences of excessive speed, total disregard of stop signs, extremely loud music and mufflers emanating from vehicles as they move through their streets. They are asking for the installation of cameras to record data regarding the offenders. She stated that they are requesting an overnight parking ban on certain streets in the Blackhawk area, which would also enable the street sweeper to more efficiently clean to the curbs. She suggested the City offer free Spanish classes to citizens who wish to learn the language. She says she has received calls from various citizens asking where they can obtain a list of code violations and believes the City should use the radio and cable Channel 17 to get information to residents. Mayor Schock stated that City Manager Folarin will contact her to discuss the issues she raised. He also stated that the nuisance violations do not require any expenditure of funds to correct the violation. Residents just need to pick up their trash, mow the grass, don’t do repairs to their cars JUNE 28, 2006 VOLUME LXXI 535 on the city streets or on their front lawn. The types of nuisance violations have been posted on the City’s web site, front page articles with examples and pictures of the violations to be addressed were in both newspapers, and a mailing was sent to all 35,000 households. Porter Reed and Tipawan Reed read statements regarding an incident which occurred the evening of June 15, 2006, while they were on their usual four-mile walk which they do twice a week. They stated that Elgin Police Officer Murphy emerged from a squad car in a very aggressive manner and accused them of “going house to house.” They attempted to explain that they were simply out for a walk, but she refused to listen and was discourteous, agitated, accusatory, and threatening in her manner. Mr. Reed stated that he was handcuffed and put into a squad car. Three other officers arrived at the scene as well as a detective. Mr. Reed stated that after about 15 or 20 minutes the officers opened the door and told him they would release him, but they refused to listen to his explanation of what had occurred. Porter Reed stated: “It is a sad day for Elgin when a retired person out for a walk with his wife in the neighborhood of the community which she has lived in for almost 30 years can be accosted by Elgin police officers, handcuffed, put in a squad car, and then when the officers realize they were in error, upon release told him that they had enough to arrest him. The truly frightening thing is that I now realize that the Elgin police can arrest me at any time for any reason and there is nothing I can do about it.” Tipawan Reed stated that at the point when her husband was grabbed, pushed against the squad car and handcuffed, she feared for both of their lives because she believed Officer Murphy was capable of shooting both of them. She further stated: “I now know the meaning of racial profiling and police brutality. I am no longer proud to be a resident of Elgin, where I can no longer feel safe to walk in my own neighborhood, safe from the very people who are supposed to protect me. I question the viability of continuing to live here.” Mrs. Reed also stated that she and her husband are prepared to take legal action. With reference to the issues raised by Bennie Sowers, Councilmember Gilliam asked that Ms. Sowers furnish addresses to the Community Development Department with reference to her statements concerning overcrowding. He asked the City Manager to consider having a speed trap set up on the streets to which Ms. Sowers referred in order to send a message to offenders. He also asked that Ms. Sowers be advised of the process involved concerning having a “no parking ban” put in place. In addition, Councilmember Gilliam asked that the City Manager respond to the Council regarding the accusations made by Mr. and Mrs. Reed. He stated that serious accusations were made, and it bothered him just to listen to it. He’d like a report to know exactly what happened. Jennifer Phillips addressed the Council regarding the D.C. Cook building and its impact on her, the community, and Elgin. When she first saw the D. C. Cook building, she thought it was a gem among all the wonderful homes. D.C. Cook Publishing Company had just as important an impact on Elgin as other companies which got the Elgin name out to the general public and put Elgin on the map. She stated that if incentives are going to be given to a developer for this site, as an Elgin taxpayer she would rather see the project enriched in a reuse of the building’s façade and wings, so that the developer would be rewarded for its consideration in remembering to cherish Elgin’s proud history. VOLUME LXXI JUNE 28, 2006 536 Norma Miess, Executive Director for Downtown Neighborhood Association, presented prizes for activities DNA hosted throughout the month of May in observance of Preservation Month, which is celebrated nationwide. She invited everyone to come to the carnival to be held June 30 through July 4 and to watch the 4th of July parade. Doug Heaton stated that there are approximately 300 million people in the United States, and it is generally believed there are 12 million illegal immigrants, which is four percent. This would mean there are roughly 4000 illegal immigrants in Elgin. He is concerned about that. He hopes the Council has reviewed the materials he previously furnished to them. He stated that there are sheriff and police departments who are doing what he suggests and are successful at it. He hopes the Council will consider doing the same thing soon. BID 06-057 AWARDED TO SEAGRAVE FIRE APPARATUS, INC. FOR THE CONSTRUCTION AND PURCHASE OF ONE FIRE ENGINE Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve the contract with Seagrave Fire Apparatus, Inc. in the amount of $404,953 for the construction and purchase of one fire engine. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-059 AWARDED TO OAKFIELD FORD FOR THE PURCHASE OF ONE FULL SIZE PICKUP TRUCK EQUIPPED WITH A SERVICE BODY AND PLOW FOR THE WATER DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve the purchase of one full size pickup truck equipped with a service body and a plow for the Water Department from Oakfield Ford for $42,853 after trade in. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-061 AWARDED TO SEAGRAVE FIRE APPARATUS, INC. FOR THE CONSTRUCTION AND PURCHASE OF ONE REPLACEMENT LADDER TRUCK Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to approve the contract for the construction and purchase of one replacement ladder truck from Seagrave Fire Apparatus, Inc. in the amount of $638,950. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 28, 2006 VOLUME LXXI 537 PUBLIC HEARING CONTINUED REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR A RESIDENTIAL PLANNED DEVELOPMENT TO BE KNOWN AS BARNES BRIDGE SUBDIVISION; PROPERTY LOCATED AT 2890 WELD ROAD, BY ORLEANS HOMEBUILDERS, AS APPLICANT, AND THE FIRST NATIONAL BANK OF ELGIN, AS TRUSTEE, AND THE LASALLE NATIONAL TRUST, UNDER TRUST AGREEMENT KNOWN AS TRUST NO. 45983, AS OWNERS (PETITION 26-06) Mayor Schock declared the public hearing open. Community Development Director Deering stated that staff is recommending that the public hearing be continued to allow the City, the Kane County Division of Transportation, and the applicant additional time to resolve issues related to the design and construction of recommended intersection and roadway improvements. Councilmember Walters made a motion, seconded by Councilmember Sandor, to continue the public hearing for Petition 26-06 to the July 12, 2006, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PULTE EDGEWATER DEVELOPMENT REQUESTING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE NO. G39-05, TO PERMIT THE REZONING OF A PORTION OF THE PROPERTY LOCATED WITHIN THE PSFR1 PLANNED SINGLE FAMILY RESIDENTIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT TO PROVIDE FOR A NEW FIRE STATION; PROPERTY LOCATED AT 2700 BOWES ROAD; BY PULTE HOMES CORPORATION AS APPLICANT AND OWNER (PETITION 40-06) Mayor Schock declared the public hearing open. Community Development Director Deering stated that Pulte Home Corporation has been very cooperative regarding a land swap which will provide for the construction of a new municipal fire station on the site. Pulte Homes Corporation is proposing to rezone 3.46 acres of land on the western portion of the Edgewater Subdivision. It will also provide for the construction by the City of Elgin of a new municipal fire station on the site. No one else chose to speak, and Mayor Schock declared the public hearing closed. VOLUME LXXI JUNE 28, 2006 538 PETITION 40-06 APPROVED REQUESTING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE NO. G39-05, TO PERMIT THE REZONING OF A PORTION OF THE PROPERTY LOCATED WITHIN THE PSFR1 PLANNED SINGLE FAMILY RESIDENTIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT TO PROVIDE FOR A NEW FIRE STATION; PROPERTY LOCATED AT 2700 BOWES ROAD; BY PULTE HOMES CORPORATION AS APPLICANT AND OWNER Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve Petition 40-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PULTE RESERVE DEVELOPMENT REQUESTING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE NO. G46-03 TO PROVIDE FOR A SALT STORAGE FACILITY, AN ACTIVE PARK AND A BRANCH LIBRARY; AND TO PERMIT THE REZONING PROPERTY LOCATED WITHIN A PCF PLANNED COMMUNITY FACILITY DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT AND PMFR PLANNED MULTIPLE FAMILY RESIDENTIAL DISTRICT, TO PROVIDE FOR THE CONSTRUCTION OF NEW TOWNHOMES; PROPERTY LOCATED AT 2705 BOWES ROAD; BY PULTE HOMES CORPORATION AS APPLICANT AND OWNER (PETITION 41-06) Mayor Schock declared the public hearing open. Community Development Director Deering stated that this is with reference to the other half of the land swap referred to above. Pulte Homes Corporation will use the property to construct 48 additional townhomes. The developer contributed 25 acres of land within the Reserve Subdivision to the south of Bowes Road for the construction of a new branch library, a new public works salt storage facility, active park space, $3 million toward construction of a public safety building, and an additional $1.5 million for use by the City at its discretion. No one else chose to speak, and Mayor Schock declared the public hearing closed. PETITION 41-06 APPROVED REQUESTING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE NO. G46-03 TO PROVIDE FOR A SALT STORAGE FACILITY, AN ACTIVE PARK AND A BRANCH LIBRARY; AND TO PERMIT THE REZONING PROPERTY LOCATED WITHIN A PCF PLANNED COMMUNITY FACILITY DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT AND JUNE 28, 2006 VOLUME LXXI 539 (CONTINUED FROM PREVIOUS PAGE) PMFR PLANNED MULTIPLE FAMILY RESIDENTIAL DISTRICT, TO PROVIDE FOR THE CONSTRUCTION OF NEW TOWNHOMES; PROPERTY LOCATED AT 2705 BOWES ROAD; BY PULTE HOMES CORPORATION AS APPLICANT AND OWNER Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve Petition 41-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 39-06 APPROVED REQUESTING CONDITIONAL USE APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS, ALLOWING THE ESTABLISHMENT OF GRAPHICS WHICH EXCEED THE REQUIREMENTS OF THE GRAPHIC ORDINANCE IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT; PROPERTY LOCATED AT 1707 NORTH RANDALL ROAD, BY WHITE WAY SIGN COMPANY, AS APPLICANT, AND JOHN B. SANFILIPPO & SON, AS OWNER Community Development Director Deering stated that the applicant is proposing to remove existing graphics from the site and to replace these graphics with two new freestanding monument style graphics and five new flushmounted wall graphics. Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve Petition 39-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 43-06 APPROVED REQUESTING FINAL PLAT OF SUBDIVISION APPROVAL FOR THE RANDALL POINTE BUSINESS PARK; PROPERTY LOCATED AT 2675 BIG TIMBER ROAD; BY PANCOR CONSTRUCTION AND DEVELOPMENT, AS APPLICANT AND, RANDALL POINTE BUSINESS CENTER, LLC, AS OWNER Community Development Director Deering stated that this petition involves a 126-acre industrial park which includes 11 lots to be marketed for development with office, warehousing, distribution, and light manufacturing uses. Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve Petition 43-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MOTION TO CONSIDER AGENDA ITEMS O-8 THROUGH O-15 IN ONE MOTION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to consider Other Business Agenda Items 8 through 15 (Ordinance Numbers T22-06 through T28-06) in one motion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JUNE 28, 2006 540 Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass Ordinance Nos. T22-06 through T28-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. REQUEST APPROVED TO SET A PUBLIC HEARING DATE OF JULY 26, 2006 TO CONSIDER THE ESTABLISHMENT OF “BACK-UP” SPECIAL SERVICE AREAS FOR STORMWATER MANAGEMENT FACILITIES IN BOWES CREEK COUNTRY CLUB SUBDIVISION, TALL OAKS SUBDIVISION, TRINITY CHASE SUBDIVISION, TYLER CREEK PLAZA RESUBDIVISION NO. 1, VECE RIDGE SUBDIVISION, WEST RIDGE COMMUNITY CHURCH SUBDIVISION, AND WEST POINT GARDENS SUBDIVISION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to set the public hearing date for the City Council meeting on July 26, 2006, to consider the establishment of “Back-Up” special service areas for stormwater management facilities in the following subdivisions: Bowes Creek Country Club Subdivision Tall Oaks Subdivision Trinity Chase Subdivision Tyler Creek Plaza Resubdivision No. 1 Vece Ridge Subdivision West Ridge Community Church Subdivision West Point Garden Subdivision Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE T22-06 PASSED PROPOSING THE ESTABLISHMENT OF THE TYLER CREEK PLAZA RESUBDIVISION NO. 1 SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 28, 2006 VOLUME LXXI 541 Ordinance No. T22-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 1175 North McLean Boulevard and 1475 Todd Farm Drive in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. VOLUME LXXI JUNE 28, 2006 542 Section 2. That a public hearing shall be held by the City Council of the City of Elgin on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.654 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $10,500.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION SPECIAL SERVICE AREA NOTICE IS HEREBY GIVEN that on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. JUNE 28, 2006 VOLUME LXXI 543 The approximate location of the proposed Special Service Area is 1175 North McLean Boulevard and 1475 Todd Farm Drive in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.654 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $10,500.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. VOLUME LXXI JUNE 28, 2006 544 If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ____________________, 2004. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 28, 2006 VOLUME LXXI 545 ORDINANCE T23-06 PASSED PROPOSING THE ESTABLISHMENT OF THE BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, 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. T23-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Bowes Creek Country Club Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 3600 Bowes Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best VOLUME LXXI JUNE 28, 2006 546 interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.475 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $289,500.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. JUNE 28, 2006 VOLUME LXXI 547 The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 3600 Bowes Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.475 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $289,500.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the VOLUME LXXI JUNE 28, 2006 548 ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ____________________, 2006. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 28, 2006 VOLUME LXXI 549 ORDINANCE T24-06 PASSED PROPOSING THE ESTABLISHMENT OF THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, 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. T24-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Tall Oaks Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 101 Russell Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best VOLUME LXXI JUNE 28, 2006 550 interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.400 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $96,000.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: JUNE 28, 2006 VOLUME LXXI 551 NOTICE OF HEARING CITY OF ELGIN TALL OAKS SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 101 Russell Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.400 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $96,000.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and VOLUME LXXI JUNE 28, 2006 552 the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ____________________, 2006. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 28, 2006 VOLUME LXXI 553 ORDINANCE T25-06 PASSED PROPOSING THE ESTABLISHMENT OF THE TRINITY CHASE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, 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. T25-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE TRINITY CHASE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Trinity Chase Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 3150 US Route 20 (Lake Street) in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied VOLUME LXXI JUNE 28, 2006 554 against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.497 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $64,200.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: JUNE 28, 2006 VOLUME LXXI 555 NOTICE OF HEARING CITY OF ELGIN TRINITY CHASE SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 3150 US Route 20 (Lake Street) in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.497 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $64,200.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and VOLUME LXXI JUNE 28, 2006 556 the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ____________________, 2006. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 28, 2006 VOLUME LXXI 557 ORDINANCE T26-06 PASSED PROPOSING THE ESTABLISHMENT OF THE VECE RIDGE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, 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. T26-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE VECE RIDGE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Vece Ridge Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 1700 Rohrssen Road in the City of Elgin, Cook County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best VOLUME LXXI JUNE 28, 2006 558 interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.313 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $5,100.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: JUNE 28, 2006 VOLUME LXXI 559 NOTICE OF HEARING CITY OF ELGIN VECE RIDGE SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 1700 Rohrssen Road in the City of Elgin, Cook County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.313 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $5,100.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the VOLUME LXXI JUNE 28, 2006 560 proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ____________________, 2006. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 28, 2006 VOLUME LXXI 561 ORDINANCE T27-06 PASSED PROPOSING THE ESTABLISHMENT OF THE WEST POINT GARDENS SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, 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. T27-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE WEST POINT GARDENS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the West Point Gardens Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 100 Nesler Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied VOLUME LXXI JUNE 28, 2006 562 against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.563 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $138,600.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: JUNE 28, 2006 VOLUME LXXI 563 NOTICE OF HEARING CITY OF ELGIN WEST POINT GARDENS SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 100 Nesler Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.563 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $138,600.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and VOLUME LXXI JUNE 28, 2006 564 the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ____________________, 2006. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 28, 2006 VOLUME LXXI 565 ORDINANCE T28-06 PASSED PROPOSING THE ESTABLISHMENT OF THE WEST RIDGE COMMUNITY CHURCH SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, 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. T28-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE WESTRIDGE COMMUNITY CHURCH SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Westridge Community Church Subdivision Special Service Area in the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate locations of the proposed Special Service Area is 3170 U.S. Route 20, in the City of Elgin, Cook and Kane Counties, Illinois. Accurate maps depicting the locations of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied VOLUME LXXI JUNE 28, 2006 566 against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on July 26, 2006, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of the territory legally described in Exhibit A and as depicted on the maps labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.783 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $30,000.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: JUNE 28, 2006 VOLUME LXXI 567 NOTICE OF HEARING CITY OF ELGIN WESTRIDGE COMMUNITY CHURCH SUBDIVISION SPECIAL SERVICE AREA FOR STORMWATER MANAGEMENT FACILITIES NOTICE IS HEREBY GIVEN that on July 26, 2006 at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territories legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 3170 U.S. Route 20, in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.783 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $30,000.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City VOLUME LXXI JUNE 28, 2006 568 of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ___ day of _________________, 2006. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JUNE 28, 2006 VOLUME LXXI 569 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Economics Research Associates Los Angeles, CA $35,645.72 Professional Services associated with Elgin Performing Arts Treasurer, State of Illinois Chicago, IL $20,460.00 Equipment maintenance and repair computers Stanley Consultants Chicago, IL $19,621.74 Consulting services on Bowes Creek Sanitary Sewer & Watermain Project REMOVAL OF RESOLUTION 06-140 FROM THE CONSENT AGENDA Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to remove Resolution 06-140 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-140 TABLED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR THE ELGIN CYCLING CLASSIC BIKE RACE Councilmember Sandor made a motion, seconded by Councilmember Walters, to table Resolution 06-140. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass Ordinance Nos. G49-06 through G53-06 and adopt Resolution Nos. 06-136 through 06-143 (except 06-140) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE G49-06 PASSED REPEALING AN ORDINANCE GRANTING CONDITIONAL USE FOR AN EMERGENCY SHELTER (500 CHURCH ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI JUNE 28, 2006 570 Ordinance No. G49-06 AN ORDINANCE REPEALING AN ORDINANCE GRANTING CONDITIONAL USE FOR AN EMERGENCY SHELTER (500 Church Road) WHEREAS, on July 13, 2005, the City Council of the City of Elgin adopted Ordinance No. G61-05 granting a conditional use for an emergency shelter at 500 Church Road, Elgin, Illinois; and WHEREAS, adjoining property owners thereafter filed a complaint in the Circuit Court of Kane County setting forth various claims against the City of Elgin, the property owner and the contract purchaser relating to Ordinance No. G61-05 and seeking therein administrator review, declaratory judgment and other relief regarding Ordinance G61-05 including a declaration that the ordinance was invalid, of no force and effect and an injunction restraining the property owner and the contract purchaser with proceeding with the development of the property pursuant to such conditional use ordinance; and WHEREAS, the parties to such litigation including the adjoining property owners, the City of Elgin, the property owner and the contract purchaser have reached an agreement on the terms of a settlement agreement and agreed order providing for the dismissal of such litigation with prejudice; and WHEREAS, the settlement agreement and agreed order relating to such litigation provides in part for the City of Elgin to adopt an ordinance repealing Ordinance No. G61-05. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G61-05 adopted by the City Council on July 13, 2005, be and is hereby repealed. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor JUNE 28, 2006 VOLUME LXXI 571 Presented: June 28, 2006 Passed: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G50-06 PASSED AMENDING CHAPTER 11.60 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STOPPING, STANDING AND PARKING" Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. G50-06 AN ORDINANCE AMENDING CHAPTER 11.60 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STOPPING, STANDING AND PARKING” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Section 11.60.050, subparagraph C, of the Elgin Municipal Code, 1976, as amended, entitled “Stopping, Standing, Parking Prohibited Where,” be and is hereby further amended to read as follows: At any time, it is unlawful to permit any vehicle to park or stand in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the direction of a policeman or traffic signal, no person shall stop, stand or park a vehicle: “C. On any sidewalk, parkway, tree bank, or driveway approach when such driveway approach is located within the public right of way and adjacent to an improved street;” Section 2. That Section 11.60.050, subparagraph O, of the Elgin Municipal Code, 1976, as amended, entitled "Standing, Stopping and Parking Prohibited Where" be and is hereby further amended by deleting from the list of streets where parking is prohibited the following: "Van Street - South - Between South Alfred Avenue to South Aldine Street between the hours of 8:00 a.m. and 4:00 p.m. on school days." VOLUME LXXI JUNE 28, 2006 572 Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G51-06 PASSED GRANTING A CONDITIONAL USE FOR A CONCESSION STAND (750 SUMMIT STREET) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. G51-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CONCESSION STAND (750 Summit Street) WHEREAS, written application has been made for a conditional use for a concession stand for property located within the CF Community Facility District at 750 Summit Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact; and WHEREAS, the City Council of the City of Elgin has considered the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: JUNE 28, 2006 VOLUME LXXI 573 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 19, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit a concession stand in the CF Community Facility District located at 750 Summit Street, and legally described as follows: PARCEL ONE: PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF GRAND AVENUE, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AT A POINT WHERE SAID LINE INTERSECTS THE WEST LINE OF SAID SECTION 7, SAID POINT BEING AT THE SOUTHWEST CORNER OF LOT 8 IN BLOCK 5 OF HIGHLAND PARK ADDITION TO ELGIN, KANE COUNTY, ILLINOIS, THENCE EAST ON THE NORTHERLY LINE OF GRAND AVENUE EXTENDED 604 FEET, THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 7, 1195 FEET, THENCE EASTERLY TO A POINT ON THE WEST LINE OF SAID SECTION N7 WHICH IS 1175 FEET 6 INCHES NORTH OF THE PLACE OF BEGINNING, THENCE SOUTH ON THE SECTION LINE TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 750 SUMMIT STREET). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Conditional Use Application and Statement of Purpose, prepared by the Elgin American Little League, dated April 10, 2006. 2. Substantial conformance with the Site Plan and Elevations prepared by Fox Valley Design Works, dated November 22, 2005 and revised on March 31, 2006. 3. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI JUNE 28, 2006 574 Presented: June 28, 2006 Passed: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G52-06 PASSED GRANTING A CONDITIONAL USE FOR A COMMERCIAL ANTENNA TOWER (750 SUMMIT STREET) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. G52-06 AN ORDINANCE AMENDING A CONDITIONAL USE FOR A COMMERCIAL ANTENNA TOWER (750 Summit Street) WHEREAS, written application has been made for a conditional use for a commercial antenna tower for property located within the CF Community Facility District at 750 Summit Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact; and WHEREAS, the City Council of the City of Elgin has considered the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Facts dated May 17, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance Number G68-01 granting a conditional use for a commercial antenna tower located at 750 Summit Street and legally described as follows: JUNE 28, 2006 VOLUME LXXI 575 PARCEL ONE: PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF GRAND AVENUE, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AT A POINT WHERE SAID LINE INTERSECTS THE WEST LINE OF SAID SECTION 7, SAID POINT BEING AT THE SOUTHWEST CORNER OF LOT 8 IN BLOCK 5 OF HIGHLAND PARK ADDITION TO ELGIN, KANE COUNTY, ILLINOIS, THENCE EAST ON THE NORTHERLY LINE OF GRAND AVENUE EXTENDED 604 FEET, THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 7, 1195 FEET, THENCE EASTERLY TO A POINT ON THE WEST LINE OF SAID SECTION N7 WHICH IS 1175 FEET 6 INCHES NORTH OF THE PLACE OF BEGINNING, THENCE SOUTH ON THE SECTION LINE TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 750 SUMMIT STREET). be and is hereby amended subject to the following conditions: 1. Substantial conformance with the Conditional Use Application, prepared by the United States Cellular Operating Company of Chicago, LLC doing business as U.S. Cellular, dated March 29, 2006. 2. Substantial conformance with the Site Plan and Development Plans prepared for U.S. Cellular, by W-T Communication Group, dated January 20, 2006. 3. The commercial antenna tower shall be located a minimum of 135 feet from any other zoning district. 4. The owner(s) of the telecommunications tower shall allow other parties of interest to co-locate on the tower. This condition shall not limit the owner from charging applicable lease fees. Leasing fees shall be consistent with other leasing fees in the market area. If another building is required on the site in order for another party to co-locate on the tower, then an amendment to the conditional use will be required. 5. The approval of the commercial antenna tower is subject to the applicant entering into a lease agreement with the City of Elgin. 6. Compliance with all other applicable codes and ordinances. VOLUME LXXI JUNE 28, 2006 576 Section 2. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. 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 28, 2006 Passed: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-136 ADOPTED AUTHORIZING EXECUTION OF FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH KIMBALL HILL HOMES, ILLINOIS LLC (WATERFORD SUBDIVISION) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-136 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH KIMBALL HILL HOMES, ILLINOIS LLC (Waterford Subdivision) WHEREAS, the owners of certain property commonly known as 599 Waterford Drive, Elgin, Illinois have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to Annexation Agreement with Kimball Hill Homes, Illinois LLC is in the best interests of the City of Elgin. JUNE 28, 2006 VOLUME LXXI 577 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with Kimball Hill Homes, Illinois, LLC, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G53-06 PASSED RECLASSIFYING CERTAIN PROPERTY AT 599 WATERFORD DRIVE (WATERFORD SUBDIVISION CLUBHOUSE AND POOL) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. G53-06 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY AT 599 WATERFORD DRIVE (Waterford Subdivision Clubhouse and Pool) WHEREAS, written application has been made to reclassify certain property located at 599 Waterford Drive from PSFR2 Planned Single Family Residence District to PCF Planned Community Facility District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXI JUNE 28, 2006 578 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 7, 2005, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property: Lots 324, 325, 326 and 327 in Waterford Subdivision – Neighborhood 6 being a subdivision of part of the Southeast Quarter of Section 19, the Southwest Quarter of Section 20 and the Northeast Quarter of Section 30, all in Township 41 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 19, 2004 as Document No. 2004K110364 and Certificate of Correction recorded September 9, 2004 as Document No. 2004K119644, in Kane County, Illinois. Section 3. That the City Council of the City of Elgin hereby grants the map amendment to PCF Planned Community Facility District, for the property commonly known as 599 Waterford Drive Drive, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. JUNE 28, 2006 VOLUME LXXI 579 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: Services Division 1. Clubhouse, exclusively accessory to Waterford Subdivision. Such use shall include “offices” (UNCL), physical fitness facilities (7991), locker rooms, multi-purpose rooms, outdoor pool, and outdoor volleyball court.. Construction Division. 2. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 3. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 4. "Radio and television antennas" [SR] (UNCL). 5. "Satellite dish antennas" [SR] (UNCL). 6. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 7. "Fences and walls" [SR] (UNCL). 8. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 9. "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. 10. "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. 11. "Refuse collection area" [SR]. 12. "Storage Tanks" [SR] (UNCL). 13. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 14. "Temporary uses" [SR] (UNCL). 15. "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. 16. "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: VOLUME LXXI JUNE 28, 2006 580 Mining Division. 1. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 2. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 3. "Conditional Commercial Antenna Tower" [SR] (UNCL). 4. "Other radio and television antennas" [SR] (UNCL). 5. "Other satellite dish antennas" [SR] (UNCL). Miscellaneous Uses Division. 6. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 7. "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. 8. "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. 9. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF District, the site design regulations shall be as required in the CF District, pursuant to Chapter 19.30.135 Site Design, of the EMC, as may be amended from time to time. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Waterford Clubhouse plans and plat of resubdivision, being inclusive of: a. Final Plat of First Resubdivision of Waterford Subdivision - Neighborhood 6, prepared by Manhard Consulting, Ltd., dated March 25, 2005. b. Proposed Improvements for Waterford Subdivision - Clubhouse, prepared by Manhard Consulting, Ltd., dated May 2, 2005 and last revised May 20, 2005. c. Site Plan and Landscape Plan for Waterford Subdivision - Clubhouse, prepared by Bloodgood Sharp Buster, dated May 28, 2005 and last revised January 9, 2006. d. Elevation Drawings and Floor Plan, prepared by Bloodgood Sharp Buster, dated January 28, 2005 and last revised January 16, 2006. 2. The clubhouse building shall meet the exterior building materials requirements of the Community Design Guidelines of the Comprehensive Plan. 3. Conformance with all applicable codes and ordinances. H. Off-Street Parking. In this PCF District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended. JUNE 28, 2006 VOLUME LXXI 581 I. Off-Street Loading. In this PCF District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PCF District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. . In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI JUNE 28, 2006 582 Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-137 ADOPTED APPROVING FINAL PLAT OF FIRST RESUBDIVISION FOR WATERFORD SUBDIVISION NEIGHBORHOOD 6 (599 WATERFORD DRIVE) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. 06-137 RESOLUTION APPROVING FINAL PLAT OF FIRST RESUBDIVISION OF WATERFORD SUBDIVISION - NEIGHBORHOOD 6 (599 Waterford Drive) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat of first resubdivision prepared by Manhard Consulting, Ltd. dated March 25, 2005 for Waterford Subdivision – Neighborhood 6. s/ Ed Schock Ed Schock, Mayor JUNE 28, 2006 VOLUME LXXI 583 Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-138 ADOPTED AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY (IEMA) FOR A COMMUNITY EMERGENCY RESPONSE TEAM (PUBLIC OUTREACH AND PRINTING GRANT PROGRAM) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. 06-138 RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY (IEMA) FOR A COMMUNITY EMERGENCY RESPONSE TEAM (Public Outreach and Printing Grant Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a grant agreement with the Illinois Emergency Management Agency (IEMA) for a Community Emergency Response Team Public Outreach and Printing Grant Program in the amount of $6,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI JUNE 28, 2006 584 RESOLUTION 06-139 ADOPTED AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY (IEMA) FOR A COMMUNITY EMERGENCY RESPONSE TEAM (CITIZEN CORPS PROGRAM) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. 06-139 RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY (IEMA) FOR A COMMUNITY EMERGENCY RESPONSE TEAM (Citizen Corps Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a grant agreement with the Illinois Emergency Management Agency (IEMA) for a Community Emergency Response Team Citizen Corps Program in the amount of $21,487, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-141 ADOPTED AUTHORIZING TERMINATION OF A PROFESSIONAL SERVICES AGREEMENT WITH KEITH FOSTER GOLF COURSE DESIGN FOR THE HIGHLANDS GOLF COURSE PHASE II ARCHITECTURAL SERVICES Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 28, 2006 VOLUME LXXI 585 Resolution No. 06-141 RESOLUTION AUTHORIZING TERMINATION OF A PROFESSIONAL SERVICES AGREEMENT WITH KEITH FOSTER GOLF COURSE DESIGN FOR THE HIGHLANDS GOLF COURSE PHASE II ARCHITECTURAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute a notice of termination to Keith Foster Golf Course Design which states that the City of Elgin terminates it professional services agreement with Keith Foster Golf Course Design entered into on October 22, 2003, pursuant to Paragraph 6 of said agreement. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-142 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES FOR THE PAVEMENT RATING PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. 06-142 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES FOR THE PAVEMENT RATING 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 IMS Infrastructure Management Services for pavement inspection services as part of the pavement rating project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI JUNE 28, 2006 586 Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-143 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HNTB CORPORATION FOR 2006/2007 BRIDGE INSPECTION SERVICES 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. 06-143 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HNTB CORPORATION FOR 2006/2007 BRIDGE INSPECTION SERVICES 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 HNTB Corporation for 2006/2007 Bridge Inspection Services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. JUNE 28, 2006 VOLUME LXXI 587 Elgin Area Convention and Visitors Bureau Minutes for May 9, 2006 Emergency Telephone System Board (E-911) Minutes for May 18, 2006 Hemmens Advisory Board Minutes for May 11, 2006 Heritage Commission Design Review Subcommittee Minutes for February 13, 2006, March 13, 2006, and April 24, 2006 Veterans Memorial Park Committee Minutes for April 19, 2006 Committee of the Whole Minutes for May 24, 2006 City Council Minutes for May 24, 2006 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn and return to Executive Session for the purpose of continuing discussion of the matters set forth at the Committee of the Whole meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 8:14 p.m. s/Dolonna Mecum July 12, 2006 Dolonna Mecum, City Clerk Date Approved