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HomeMy WebLinkAboutt - October 25874 OCTOBER 25, 2006 VOLUME LXXI 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 October 25, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The Invocation was given by Ina Dews and the Pledge of Allegiance was led by Councilmember John Walters. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE OCTOBER 11, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve the October 11, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. BID 06-084 AWARDED TO UNIFORMITY, INC. FOR FIRE DEPARTMENT UNIFORMS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the contract with Uniformity, Inc. in an amount not-to-exceed an annual amount of $30,000 for the Fire Department uniforms. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-097 AWARDED TO AKA WRECKING COMPANY FOR THE DEMOLITION OF THE FORMER LIBRARY BUILDING LOCATED AT 200 N. GROVE AVENUE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to award a contract to the overall low bidder, AKA Wrecking Company in the amount of $404,500 for the demolition of the former library building located at 200 N. Grove Avenue. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI OCTOBER 25, 2006 875 BID 06-101 AWARDED TO UTILITY DYNAMICS FOR FIELD LIGHTING FOR SOCCER FIELDS 7 AND 8 AT THE ELGIN SPORTS COMPLEX Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve a contract with Utility Dynamics in the amount of $276,000 for field lighting at Soccer Fields 7 and 8 at the Elgin Sports Complex. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-102 AWARDED TO LAMP INCORPORATED FOR CONCRETE WORK AT THE WATER DEPARTMENT’S LIME SLUDGE LAGOONS Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve a contract with Lamp Incorporated in the amount of $28,700 for the concrete work at the Water Department’s lime sludge lagoons. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-103 AWARDED TO H & H ELECTRIC FOR THE 2006 LED TRAFFIC SIGNAL CONVERSION PROJECT Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to approve a contract with H & H Electric in the amount of $166,478.80 for the 2006 LED Traffic Signal Conversion Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-104 AWARDED TO MARTAM CONSTRUCTION FOR THE 2006 MOTOR FUEL TAX (MFT) BRIDGE MAINTENANCE PROGRAM Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve a contract with Martam Construction in the amount of $293,265 for the 2006 MFT Bridge Maintenance Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING CONTINUED REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR RUSSELL TRAILS SUBDIVISION; PROPERTY LOCATED AT 100 RUSSELL ROAD; BY GLADSTONE ACQUISITIONS, LLC, AS APPLICANT, AND KENNETH G. RUSSELL AND RAYMOND RUSSELL, AS OWNERS (PETITION 31-06) Community Development Director Deering stated that the applicant has requested that the public hearing for Petition 31-06 be continued until the next City Council meeting. OCTOBER 25, 2006 VOLUME LXXI 876 Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to continue the public hearing for Petition 31-06 until the next City Council meeting with the condition that it shall be removed from the City Council agenda if the public hearing does not proceed on November 8, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, PETITION 62-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE CONSTRUCTION OF A NEW BUILDING; PROPERTY LOCATED AT 505-519 DUNDEE AVENUE BY BOB KOTHAPAW AND ASHOK MEHTA, DBA DUNKIN’ DONUTS, AS APPLICANT AND OWNER Community Development Director Deering stated that the applicant is proposing to demolish the existing commercial building and residence and redevelop the site with a new commercial building with a drive-through window. Mr. Deering stated that the one unresolved issue is the number of free-standing signs to be allowed for the site. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 62-06 subject to the conditions listed in the agenda memorandum and allow only one sign. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE FOX RIVER WATER RECLAMATION DISTRICT WATER QUALITY MANAGEMENT PLAN AMENDMENT APPLICATION PROVIDING FOR EXPANDED PLANT CAPACITY AND FACILITY PLANNING AREA BOUNDARY EXPANSION Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve a resolution in support of the Fox River Water Reclamation District Water Quality Management Plan amendment application providing for expanded plant capacity and facility planning area boundary expansion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-263 ADOPTED IN SUPPORT OF THE FOX RIVER WATER RECLAMATION DISTRICT WATER QUALITY MANAGEMENT PLAN AMENDMENT APPLICATION PROVIDING FOR EXPANDED PLANT CAPACITY AND FACILITY PLANNING AREA BOUNDARY EXPANSION Councilmember Walters made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI OCTOBER 25, 2006 877 Resolution No. 06-263 RESOLUTION IN SUPPORT OF THE FOX RIVER WATER RECLAMATION DISTRICT WATER QUALITY MANAGEMENT PLAN AMENDMENT APPLICATION PROVIDING FOR EXPANDED PLANT CAPACITY AND FACILITY PLANNING AREA BOUNDARY EXPANSION WHEREAS, the Fox River Water Reclamation District has filed a Water Quality Management Plan Amendment Application with the Northeastern Illinois Planning Commission under NIPC Water Quality Number 06-WQ-172 (the “Subject Application”); and WHEREAS, the Subject Application requests expansion of certain FRWRD waste water treatment facilities and the expansion of FRWRD’s Facility Planning Area; and WHEREAS, the proposed boundaries for the Facility Planning Area amendment are in conformance with the City of Elgin Comprehensive Plan and the jurisdictional boundary agreements the City has in place with neighboring municipalities; and WHEREAS, the Subject Application provides a comprehensive and well timed approach to planning for future wastewater treatment needs in connection with the development pressures within the requested Facility Planning Area; and WHEREAS, the Subject Application will support the continuing efforts of the City of Elgin to plan for growth within the amendment area in a comprehensive, logical and fiscally responsible manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby expresses support for the Subject Application and recommends to the Northeastern Illinois Planning Commission and the Illinois Environmental Protection Agency that the Fox River Water Reclamation District Water Quality Management Plan Amendment Application identified as NIPC Water Quality Number 06-WQ- 172 be approved. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Adopted: October 25, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk OCTOBER 25, 2006 VOLUME LXXI 878 RESOLUTION 06-264 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-264 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES 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 an Agreement with the South Elgin and Countryside Fire Protection District on behalf of the City of Elgin for automatic fire and emergency medical services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Adopted: October 25, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G77-06 PASSED REPEALING ORDINANCE NO. G71-06 AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Councilmember Walters stated the he has listened to the people, and he understands that having the “Recognize Persons Present” at the end of the agenda is an inconvenience to many people, and he is willing to return it to the former place on the agenda. VOLUME LXXI OCTOBER 25, 2006 879 Councilmember Figueroa wanted to thank the people who contacted the City Council and expressed their concern about the changes made. It’s always a good feeling to do the right thing, and he is glad that Councilmember Walters is willing to reverse his proposal and to have the “Recognize Persons Present” portion at the beginning of the agenda again. Councilmember Sandor stated he also appreciated Councilmember Walters bringing about the repeal of the ordinance. He said that anytime the Council is sitting in session, they’re dealing with the business of the City of Elgin. Every item on the agenda is important and should be handled equally. He further stated that personally he found it was easier for him as a member of the Council to have the comments portion at the end of the meeting. There are usually between 25-40 items on the agenda, and he was able to concentrate more completely after all those items had been considered. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G77-06 AN ORDINANCE REPEALING ORDINANCE NO. G71-06, AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" WHEREAS, on September 27, 2006, the City Council adopted Ordinance No. G71-06, which provided for certain amendments to Sections 2.08.070 and 2.08.080 of the Elgin Municipal Code, 1976, as amended, relating to the agenda and order of business and rules of procedure for city council meetings; and WHEREAS, upon further consideration of this matter the city council has determined that it is necessary and desirable to revert to the agenda and order of business and rules of procedure for city council meetings which existed prior to the adoption of the amendments provided for in Ordinance No. G71-06. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G71-06 adopted by the city council on September 27, 2006, 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. OCTOBER 25, 2006 VOLUME LXXI 880 Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Passed: October 25, 2006 Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. S19-06, T38-06, and G74-06 through G76-06 and adopt Resolution Nos. 06-261 and 06-262 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-261 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE CHILDREN'S THEATRE OF ELGIN Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-261 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE CHILDREN’S THEATRE OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Children’s Theatre of Elgin for productions of "The Jungle Book" on October 26, VOLUME LXXI OCTOBER 25, 2006 881 27, 28 and 29, 2006 and "Pocahontas" on April 12, 13, 14 and 15, 2007, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Adopted: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-262 ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH UNITED STATES CELLULAR OPERATING COMPANY OF CHICAGO, LLC (750 SUMMIT STREET-AMERICAN LITTLE LEAGUE FIELD) Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-262 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH UNITED STATES CELLULAR OPERATING COMPANY OF CHICAGO, LLC (750 Summit Street-American Little League Field) 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 respectively authorized and directed to execute a written lease agreement with United States Cellular Operating Company of Chicago, LLC for the premises commonly known as 750 Summit Street-American Little League Field, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 25, 2006 VOLUME LXXI 882 Presented: October 25, 2006 Adopted: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE S19-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1470 MCCORNACK ROAD) Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S19-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1470 McCornack Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of the East Half of Section 34, Township 42 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 34; thence North 89 degrees 11 minutes 15 seconds East along the North line of the VOLUME LXXI OCTOBER 25, 2006 883 Southwest Quarter of said Northeast Quarter, 1044.0 feet; thence South 05 degrees 15 minutes 28 seconds West 1325.81 feet measured (1327.18 feet Deed) to a point on the South line of the Southwest Quarter of the Northeast Quarter of said Section 34; thence continuing South 05 degrees 15 minutes 28 seconds West along the last described course a distance of 164.61 feet Deed (166.86 feet measured); thence South 21 degrees 42 minutes 59 seconds West 863.11 feet to a point that is 166.46 feet Northeasterly of the centerline of Highland Avenue as measured along the last described line for the point of beginning (the last described line hereinafter known as Line "A"); thence South 69 degrees 39 minutes 14 seconds East 295.11 feet; thence South 23 degrees 30 minutes 22 seconds West 78.38 feet; thence South 66 degrees 29 minutes 38 seconds East 433.0 feet to the centerline of McCornack Road; thence South 23 degrees 30 minutes 22 seconds West along said centerline 599.45 feet to the intersection of said centerline with the centerline of Highland Avenue; thence North 32 degrees 04 minutes 03 seconds West along said centerline 875.87 feet to aforesaid Line "A" extended Southwesterly; thence North 21 degrees 42 minutes 59 seconds East along said extended line 166.48 feet to the point of beginning, and also that part of McCornack Road and Highland Avenue lying Easterly and Southerly, respectively, between the property lines extended Easterly and Southerly containing 7.4694 Acres, in Rutland Township, Kane County, Illinois. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Passed: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk OCTOBER 25, 2006 VOLUME LXXI 884 ORDINANCE G74-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1470 MCCORNACK ROAD) Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G74-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1470 McCornack Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PNB Planned Neighborhood Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District, the following described property: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District, the following described:” That part of the East Half of Section 34, Township 42 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 34; thence North 89 degrees 11 minutes 15 seconds East along the North line of the Southwest Quarter of said Northeast Quarter, 1044.0 feet; thence South 05 degrees 15 minutes 28 seconds West 1325.81 feet measured (1327.18 feet Deed) to a point on the South line of the Southwest Quarter of the Northeast Quarter of said Section 34; thence continuing South 05 degrees 15 minutes 28 VOLUME LXXI OCTOBER 25, 2006 885 seconds West along the last described course a distance of 164.61 feet Deed (166.86 feet measured); thence South 21 degrees 42 minutes 59 seconds West 863.11 feet to a point that is 166.46 feet Northeasterly of the centerline of Highland Avenue as measured along the last described line for the point of beginning (the last described line hereinafter known as Line “A”); thence South 69 degrees 39 minutes 14 seconds East 295.11 feet; thence South 23 degrees 30 minutes 22 seconds West 78.38 feet; thence South 66 degrees 29 minutes 38 seconds East 433.0 feet to the centerline of McCornack Road; thence South 23 degrees 30 minutes 22 seconds West along said centerline 599.45 feet to the intersection of said centerline with the centerline of Highland Avenue; thence North 32 degrees 04 minutes 03 seconds West along said centerline 875.87 feet to aforesaid Line “A” extended Southwesterly; thence North 21 degrees 42 minutes 59 seconds East along said extended line 166.46 feet to the point of beginning, containing 6.3135 Acres, in Rutland Township, Kane County, Illinois. Section 2. That the City Council of the City of Elgin hereby grants the PNB Planned Neighborhood Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PNB zoning district is to provide a planned environment for various types of neighborhood business facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, Neighborhood Business Districts provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB Zoning District is limited by the applicable site design regulations due to its function and resulting close proximity to residences. 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 PNB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PNB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PNB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land OCTOBER 25, 2006 VOLUME LXXI 886 necessary to constitute a separate PNB 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 PNB zoning district, the use of land and structures shall be in accordance with the 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 PNB zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PNB Neighborhood Business District: Residences Division: 1. "Upper floor apartment dwellings" [SR] (UNCL). Municipal Services Division: 2. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. Offices Division: 3. "Offices" [SR] (UNCL). Finance, Insurance, and Real Estate Division: 4. "Development sales offices" [SR] (UNCL). 5. Finance, insurance, and real estate (H). Services Division: 6. Advertising (731). 7. Automotive renting and leasing without drivers (751). 8. Barbershops (724). 9. Beauty shops (723). 10. "Bed and breakfast inns" [SR] (7011). 11. Carpet and upholstery cleaning agents without plants on the premises (7217). 12. Coin-operated laundries and dry cleaning (7215). 13. Commercial, economic, sociological and educational research (8732). 14. Commercial, physical, and biological research (8731). 15. Computer programming, data processing and other computer-related services (737). 16. Computer rental and leasing (7377). 17. Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). 18. Dance studios and schools (791). 19. Detective and guard services (7381). 20. Electrical and electronic repair shops (7629). 21. Engineering, accounting, research, management and related services (87). 22. Funeral service (726). 23. Garment pressing, and agents for laundries and dry cleaners (7212). 24. Home health care services (808). 25. Laundry collecting and distributing outlets (7211). VOLUME LXXI OCTOBER 25, 2006 887 26. Legal services (811). 27. Libraries (823). 28. Mailing, reproduction, commercial art and photography, and stenographic services (733). 29. Management and public relations services (874). 30. Medical and dental laboratories (807). 31. Membership organizations (86). 32. Membership sports and recreation clubs (7997). 33. Miscellaneous personal services not elsewhere classified (7299). 34. News syndicates (7383). 35. Noncommercial research organizations (8733). 36. Offices and clinics of dentists (802). 37. Offices and clinics of doctors of medicine (801). 38. Offices and clinics of doctors of osteopathy (803). 39. Offices and clinics of other health practitioners (804). 40. Other schools and educational services (829). 41. Personnel supply services (736). 42. Photofinishing laboratories (7384). 43. Photographic studios, portrait (722). 44. Physical fitness facilities (7991). 45. Professional sports operators and promoters (7941). 46. Radio and television repair shops (7622). 47. Refrigerator and air-conditioning service and repair (7623). 48. Reupholstery and furniture repair (764). 49. Security systems services (7382). 50. Shoe repair shops and shoeshine parlors (725). 51. Tax return preparation services (7291). 52. Videotape rental (784). 53. Vocation schools (824). 54. Watch, clock and jewelry repair (763). Retail Trade Division: 55. Apparel and accessory stores (56). 56. Building materials, hardware and garden supply (52). 57. Carryout restaurants (5812). 58. Catalog and mail-order houses (5961). 59. Direct selling establishments (5963). 60. Drugstores and proprietary stores (591). 61. Eating places (5812). 62. Florists (5992). 63. Food stores (54). 64. General merchandise stores (53). 65. Home furniture, furnishings and equipment stores (57). 66. Miscellaneous retail stores not elsewhere classified (5999). 67. Miscellaneous shopping goods stores (594). 68. News dealers (5994). 69. Optical goods stores (5995). OCTOBER 25, 2006 VOLUME LXXI 888 70. Tobacco stores (5993). 71. Used merchandise stores (593). Agricultural Division: 72. 72. Farm labor and management services (076). 73. Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). 74. Landscape counseling and planning (0781). Construction Division: 75. "Contractor's office and equipment areas" [SR] (UNCL). Manufacturing Division: 76. Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). Transportation, Communication And Utilities Division: 77. "Amateur radio antennas" [SR] (UNCL). 78. Arrangement of passenger transportation (472). 79. Arrangement of transportation of freight and cargo (473). 80. Branch United States post offices (4311). 81. Bus charter service operators' offices (414). 82. Cable and other pay television services (484). 83. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 84. Communication services not elsewhere classified (489). 85. Intercity and rural bus transportation operators' offices (413). 86. Local and suburban passenger transportation operators' offices (411). 87. "Radio and television antennas" [SR] (UNCL). 88. Radio and television broadcasting stations (483). 89. Railroad operators' offices (401). 90. "Satellite dish antennas" [SR] (UNCL). 91. School bus operators' offices (415). 92. Taxicab operators' offices (412). 93. Telegraph and other message communications (482). 94. Telephone communications (481). 95. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division: 96. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.12.500 of this Title. 97. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.10.400 of this Title. 98. "Fences and walls" [SR] (UNCL). 99. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the NB Neighborhood Business District, subject to the provisions of Chapter 19.47 of this Title. 100. "Outdoor display areas" [SR] (UNCL). VOLUME LXXI OCTOBER 25, 2006 889 101. "Parking lots" [SR] (UNCL), exclusively as an "accessory use" [SR] to a permitted use allowed in the NB Neighborhood Business District, subject to the provisions of Chapter 19.45 of this Title. 102. "Refuse collection area" [SR]. 103. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. 104. "Temporary uses" [SR] (UNCL). 105. Woodworking / cabinet shop in the existing metal poll barn building depicted on the Site Plan dated June 23, 2004 prepared by Alan J. Coulson, P.C. near the south west corner of the Subject Property (the “Existing Metal Building”). While the Existing Metal Building is owned (directly or beneficially) by the same party who owns the existing single family residence on the parcel of land immediately north of and contiguous to this PNB District (the “Existing Residence”), the required water supply and bathroom facilities for the Existing Metal Building may be satisfied by the bathroom(s) in the Existing Residence. Before any of the foregoing “permitted uses” shall be established on the Subject Property (other than (i) permitted use number 105 above or (ii) another permitted use (A) situated in the Existing Metal Building (B) and established by the same party who owns the Existing Residence, a development plan showing compliance with the City’s codes and ordinances shall first be required to be approved as an amendment to this PNB ordinance. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the NB Neighborhood Business District: Municipal Services Division: 1. "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. Public Administration Division: 2. Public administration (J) on a zoning lot containing less than two (2) acres of land. Finance, Insurance, And Real Estate Division: 3. Check-cashing agencies (6099). Services Division: 4. Billiard parlors (7999). 5. Bingo parlors (7999). 6. "Car washes" [SR] (7542). 7. Child daycare services (835). 8. Coin-operated amusement establishments (7993). 9. Fortunetellers (7999). 10. Home child daycare services [SR] (8351). 11. Individual and family social services (832). 12. Job training and vocational rehabilitation services (833). 13. Massage parlors (7299). OCTOBER 25, 2006 VOLUME LXXI 890 14. "Motor vehicle repair shops" [SR] (753). 15. "Motor vehicle top, body, and upholstery repair, and paint shops" [SR] (7532). 16. Pool parlors (7999). 17. Steam baths (7299). 18. Tattoo parlors (7299). 19. Turkish baths (7299). Retail Trade Division: 20. Convenience food stores, operated on a twenty four (24) hour basis (5411). 21. Drinking places (alcoholic beverages) (5813). 22. Drive-in restaurants (5812). 23. Firearms sales (5941). 24. Motor vehicle dealers (55). 25. "Motor vehicle service stations" [SR] (554). 26. "Outdoor eating and drinking facilities" [SR] (5813). "Package liquor sales establishments" [SR] (5921). Agricultural Division: 27. Dog grooming (0752). 28. Veterinary services for household pets (0742). Mining Division: 29. "Temporary mining" [SR] (UNCL). Transportation, Communication And Utilities Division: 30. "Conditional commercial antenna tower" [SR] (UNCL). 31. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 32. Courier services (4215). 33. "Other radio and television antennas" [SR] (UNCL). 34. "Other satellite dish antennas" [SR] (UNCL). 35. Pipelines, except natural gas (461). 36. Railroad tracks (401). 37. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division: 38. "Accessory package liquor sales establishment" [SR] (UNCL). 39. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.12.500 of this Title. 40. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.10.400 of this Title. 41. "Drive-through facilities" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. 42. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. VOLUME LXXI OCTOBER 25, 2006 891 43. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the NB Neighborhood Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this Title: Services Division: 1. Amusement and recreational services, not elsewhere classified (7999). 2. Business services not elsewhere classified (7389). 3. Laundry and garment services not elsewhere classified (7219). 4. Miscellaneous health and allied services not elsewhere classified (809). 5. Miscellaneous personal services not elsewhere classified (7299). 6. Miscellaneous repair shops and related services (769). 7. Services not elsewhere classified (899). 8. Social services not elsewhere classified (839). Transportation, Communication, And Utilities Division: 9. Transportation services not elsewhere classified (4789). (Ord. G37-98 § 1, 1999; Ord. G44-96 §§ 2, 3, 1996; Ord. G9-95 § 1, 1995; Ord. G23-94 § 3, 1994; Ord. G45-92 § 2, 1992) G. Site Design. In this PNB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. H. Off-street Parking. In this PNB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PNB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PNB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PNB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PNB zoning district authorize such an application. L. Planned Developments. In this PNB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, OCTOBER 25, 2006 VOLUME LXXI 892 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 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. M. Conditional Uses. In this PNB 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 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. N. Variations. In this PNB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. 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 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI OCTOBER 25, 2006 893 Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Passed: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G75-06 PASSED RECLASSIFYING PROPERTY FROM THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (HIGH POINT PLAZA-1350 EAST CHICAGO STREET) Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G75-06 AN ORDINANCE RECLASSIFYING PROPERTY FROM THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (High Point Plaza– 1350 East Chicago Street) WHEREAS, the property herein described is located within the City of Elgin; and WHEREAS, written application has been made to reclassify said property from the CI Commercial Industrial District to the PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. OCTOBER 25, 2006 VOLUME LXXI 894 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 5, 2006, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: That part of Section 17 and Section 20, both in Township 41 North, Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East, along the North line of said southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64 degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1 minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8 seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East, 70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence South 6 degrees 53 minutes 24 seconds East, along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4 degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0 minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46 seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West, 10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded to the people of the State of Illinois, Department of Transportation, by deed recorded August 5, 1998 as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20, Township 41 North, Range 9 East of the third principal meridian, in Cook County, Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet (bearings assumed for description purposes only) along the north line of said northwest quarter to the west right of way of Shales Parkway (Lovell Road) as established by document no. 88486058; thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees VOLUME LXXI OCTOBER 25, 2006 895 26 minutes 10 seconds west 36.64 feet, along said right of way line for the point of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago- Elgin Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting therefrom that part dedicated for public street (a portion of Philips Way) by plat of dedication recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land; thence south 85 degrees 33 minutes 12 seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured perpendicular, easterly of and parallel with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence north 03 degrees 59 minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57 acres more or less. (Property commonly known as 1350 East Chicago Street) Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PAB Planned Area Business District in accordance with the following provisions: A. Purpose and Intent. The purpose of the PAB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population, subject to Chapter 19.60. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 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 PAB 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 PAB 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. OCTOBER 25, 2006 VOLUME LXXI 896 E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PAB zoning district: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB planned area business district: a. Municipal services division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. b. Offices division: "Offices" [SR] (UNCL). c. Finance, insurance, and real estate division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). d. Services division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Carpet and upholstery cleaning agents without plants on the premises (7217). Coin operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home healthcare services (808). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). VOLUME LXXI OCTOBER 25, 2006 897 Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Watch, clock and jewelry repair (763). e. Retail trade division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). Mobile home dealers (52). Motor vehicle dealers (5994). News dealers (5994). Optical goods stores (5995). Tobacco stores (5993). f. Agricultural division: Dog grooming (0752). OCTOBER 25, 2006 VOLUME LXXI 898 Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). g. Construction division: "Contractor's office and equipment areas" [SR] (UNCL). h. Manufacturing division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). i. Transportation, communication and utilities division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of chapter 19.47 of this title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). j. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB area business district, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB area business district, subject to the provisions of section 19.10.400 of this title. VOLUME LXXI OCTOBER 25, 2006 899 "Drive-through facilities" [SR], subject to the provisions of chapter 19.45 of this title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.47 of this title. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.45 of this title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB planned area business district: a. Municipal services division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. b. Public administration division: Public administration (J) on a zoning lot containing less than two (2) acres of land. c. Services division: Child daycare services (835). Churches, convents, monasteries, and temples (8661). Coin operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Funeral service (726). "Home child daycare services" [SR] (8351). Individual and family social services (832). Membership organizations (86). Membership sports and recreation clubs (7997). Motion picture theaters (7832). Physical fitness facilities (7991). d. Retail trade division: Drinking places (alcoholic beverages) (5813). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Outdoor eating and drinking facilities" [SR] (UNCL). "Package liquor sales establishments" [SR] (5921). Pawnshops (5932). OCTOBER 25, 2006 VOLUME LXXI 900 e. Agricultural division: "Kennels" [SR] (0752). f. Mining division: "Temporary mining" [SR] (UNCL). g. Wholesale trade division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). h. Transportation, communication, and utilities division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). Public warehousing and storage (422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). i. Miscellaneous uses division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB area business district, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB area business district, subject to the provisions of section 19.10.400 of this title. "Commercial operations yards" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of chapter 19.50 of this title. "Parking lots" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of chapter 19.60 of this title. F. Site Design. In this PAB zoning district, except as otherwise provided for herein, the use and development of land and structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: VOLUME LXXI OCTOBER 25, 2006 901 1. Substantial conformance to the Statement of Purpose submitted by Dearborn Construction and Development, Ltd., submitted on March 10, 2005. 2. Substantial conformance to the Site Plans titled “Existing Conditions” and “Geometric Plan” prepared by Marchris Engineering, Ltd., dated April 25, 2005 and last revised October 3, 2005. 3. Substantial conformance to the landscape plans sheets LS-1 and LS-2 prepared by Marchris Engineering, Ltd., dated March 3, 2005 and last revised May 30, 2006. 4. Substantial conformance to the elevation drawings Sheet No. 2 prepared by Ernest E. Ternovits, Jr. Architects, dated March 29, 2005 and last revised March 3 2006. 5. Substantial conformance to the Section drawings through the property titled Section A and the line of sight drawing prepared by Marchris Engineering, Ltd., dated March 20, 2006. 6. Compliance with all other applicable codes and ordinances. H. Off-street Parking. Except as otherwise provided within this section, in this PAB zoning district, off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended. The minimum number of required off street parking stalls shall be in conformance with the provisions of Chapter 19.45, except as follows: Sit-down restaurants: 1 stall for every 100 square feet of floor area. Carry-out restaurants: 1 stall for every 85 square feet of floor area. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. L. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. OCTOBER 25, 2006 VOLUME LXXI 902 M. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Passed: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T38-06 PASSED ESTABLISHING THE HIGHLAND WOODS/FOY PROPERTY SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #18) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA (899 AND 900 COOMBS ROAD) Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI OCTOBER 25, 2006 903 Ordinance No.T38-06 AN ORDINANCE ESTABLISHING THE HIGHLAND WOODS/FOY PROPERTY SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #18) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA 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 C to this ordinance be established as the Highland Woods/Foy Property Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and 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; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct annual ad valorem tax upon all taxable property within the Special Service Area; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, the establishment of the Special Service Area was proposed by the City Council of the City of Elgin pursuant to Ordinance No. T37-06, entitled “An Ordinance Proposing the Establishment of the Highland Woods/Foy Property Subdivision Special Service OCTOBER 25, 2006 VOLUME LXXI 904 Area in the City of Elgin, Illinois and Providing for a Public Hearing and Other Related Procedures”, that ordinance having been duly passed on September 13, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on October 11, 2006 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the “Hearing”); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier news, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before September 22, 2006, that date being not less than ten (10) days prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The notice of Hearing was 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; and WHEREAS, the notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; 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. Final Adjournment of Hearing. The Hearing was finally adjourned on October 11, 2006 at 8:10 pm. VOLUME LXXI OCTOBER 25, 2006 905 Section 3. Establishment of the Special Service Area. The Highland Woods/Foy Property Special Service Area of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and incorporated into this ordinance by reference. The Highland Woods/Foy Property Special Service Area consists of approximately 585 acres with 495 acres lying west of Coombs Road and 90 acres lying east of Coombs Road in the City of Elgin. An accurate map of the Highland Woods/Foy Property Special Service Area is attached to and made part of this ordinance as Exhibit D. Section 4. Purpose for Establishing the Special Service Area. The purpose for establishing the Highland Woods/Foy Property 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 Highland Woods/Foy Property Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the Highland Woods/Foy Property Special Service Area and all of the described construction and improvements shall be on property in which the City will obtain an interest sufficient for the provision of the services described in this section. All the services described in this section are unique and in addition to services generally provided by the City. Section 5. Tax Levy. The cost of the services described in Section 4 of this ordinance shall be paid by the levy of a direct ad valorem tax upon all taxable property within the Highland Woods/Foy Property Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the Highland Woods/Foy Property Special Service Area in an amount not to exceed an annual rate of .517 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Highland Woods/Foy Property Special Service Area shall remain abeyant and shall take effect only in the event the Home Owner’s Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. During the years of development in the Highland Woods/Foy Property Special Service Area and initially thereafter, the tax levies are intended to produce approximately $357,600.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. OCTOBER 25, 2006 VOLUME LXXI 906 Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. 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: October 25, 2006 Passed: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G76-06 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT OF A MOTOR VEHICLE SERVICE STATION AND A CONVENIENCE FOOD STORE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (300 SOUTH STATE STREET) Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G76-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT OF A MOTOR VEHICLE SERVICE STATION AND A CONVENIENCE FOOD STORE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (300 South State Street) WHEREAS, written application has been made requesting conditional use approval for a planned development to permit the establishment of a motor vehicle service station and a VOLUME LXXI OCTOBER 25, 2006 907 convenience food store in the Neighborhood Business District and the ARC Arterial Road Corridor Overlay District at 300 South State Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 6, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development to permit the establishment of a motor vehicle service station and a convenience food store in the NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District at 300 South State Street and legally described as follows: Lot six (6) (except the Westerly thirty-four (34) feet thereof) assessor’s division to Elgin of Part of Farm Lot five (5) and Lots six (6), seven (7) and eight (8) of the Northeast quarter of Section twenty-three (23) and part of the Southeast quarter of Section fourteen (14), Township forty- one (41) North, Range eight (8) East of the Third Principal Meridian, in Kane County, Illinois. Less and except that portion acquired by the Illinois Department of Transportation by virtue of a court order issued by the Kane County, Illinois Circuit Court for the 16th Judicial Circuit filed in court records on July 2, 1975 as part of condemnation action 75-ED- 4059. Also except that part of lot 6 of assessor’s subdivision to Elgin of part of Farm Lot 5 and Lots 6, 7 and 8 of the Northeast quarter of Section 23 Township 41 North, Range 8, East of the Third Principal Meridian, Kane County, described as follows: Beginning at a point on the East line of said Lot 6 of the assessor’s subdivision, 12.0 feet Southerly of the Northeast corner of said Lot 6 as measured along the said East line; thence Northerly along the said East line, 12.0 feet to the said Northeast corner; thence Westerly 13.0 feet along the North line of said Lot 6 which forms an angle of 91°-08’-30” to the left with a prolongation of the last described course; thence Southeasterly 17.52 feet along a line which forms an angle of 136°-46’ to the left with a prolongation of the last described course to the point of beginning, in the City of Elgin, Kane County, Illinois (property commonly known as 300 South State Street). OCTOBER 25, 2006 VOLUME LXXI 908 be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared and submitted by M Cube Petro Four Inc., undated. 2. Substantial conformance to the proposed Site Plan and Landscape Plan (Sheet No. A1) prepared by Nick Scarlatis & Associates, Ltd., and dated April 30, 2006. 3. Substantial conformance to the proposed Floor Plan and Interior Remodel (Sheet No. A2) and Ceiling Plan (Sheet No. A3) prepared by Nick Scarlatis & Associates, Ltd., and dated April 30, 2006. 4. Substantial conformance to the proposed Building Elevations (Sheet No. A4) prepared by Nick Scarlatis & Associates, Ltd., and dated April 30, 2006. 5. Elevations of all proposed exterior light fixtures, indicating the height and wattage of the proposed fixture shall be designed as approved by the Community Development Group. 6. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2006 Passed: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI OCTOBER 25, 2006 909 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. Golf Leadership Team Meeting Minutes for July 21, 2006 Parks and Recreation Advisory Board Meeting Minutes for August 29, 2006 Planning and Development Commission Minutes for September 5, 2006, and September 18, 2006 Zoning and Subdivision Hearing Board Minutes for August 16, 2006, and September 6, 2006 Committee of the Whole Minutes for September 27, 2006 City Council Minutes for September 27, 2006 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. RECOGNIZE PERSONS PRESENT Doug Heaton said he has been in customer relations for 30 years and made a suggestion regarding customer relations on the part of the City. Whenever any municipal employee has contact with a citizen, there is a moment of truth. It is an opportunity for them to convey the culture and concern of the City. Mr. Heaton feels there is a principle of timeliness that should be adhered to in the response of the City to it’s public. There are three messages he thinks need to be conveyed, and they are “Thank you,” “I’m sorry.”, and “Let me explain…”. He stated that on June 14 he distributed a binder regarding the enforcement of immigration. He still feels someone from the Police Department should have contacted him after he distributed the binders thanking him for doing the research, and explaining what the City is already doing in this regard. He believes this would go a long way in working with citizens. He gave the Councilmembers and the City Manager a sample letter that they may want to consider sending to people after they speak at Council meetings conveying concern and assurance that the matter will be given attention. Judy Robnett would like the Council to hold a public meeting where they would take questions from the public and respond to the public. She suggested a town hall meeting format where there’s a “give and take” with people asking questions and receiving answers. Some of the issues she believes people would like to have addressed are the awarding of millions of dollars in incentives and any corruption and fraud that is happening within the City. She stated that accountability of local officials to the public is one of the foundations of our governmental system and has been for a long time. OCTOBER 25, 2006 VOLUME LXXI 910 ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 7:22 p.m. s/Dolonna Mecum November 8, 2006 Dolonna Mecum, City Clerk Date Approved