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HomeMy WebLinkAboutu - November 8911 VOLUME LXXI NOVEMBER 8, 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 November 8, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:13 p.m. The Invocation was given by Reverend Jonathan M. Wilson from the Evangelical Covenant Church of Elgin and the Pledge of Allegiance was led by the assembled troop of Boy Scouts. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE OCTOBER 25, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the October 25, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. COMMUNICATIONS Proclamation Recognizing the 231st Anniversary of the U.S. Marine Corps Mayor Schock read and presented a proclamation to the Marines who were at the meeting recognizing the United States Marine Corps on its 231st Anniversary. The term “Marine” has been associated with courage and military efficiency since its creation on November 10, 1775, in Philadelphia. The people of the City of Elgin are proud of their contribution to the Marine tradition. The proclamation, Mayor Schock and the entire City Council proclaimed November 10, 2006, as U.S. Marine Corp Day in Elgin, Illinois. Councilmember Sandor asked that one of the copies of the proclamation be given to Staff Sergeant Carmona, the recruiter from Carpentersville, and one to Joe Gatz, who is the Commandant for Elgin. Commandant Gatz accepted the proclamation on behalf of all Marines, past and present, and thanked the Mayor and Councilmembers for this honor. NOVEMBER 8, 2006 VOLUME LXXI 912 Staff Sgt. Carmona stated that on behalf of the Marines in Fox Valley and from the hearts of every Marine fighting for freedom in Iraq, he expressed appreciation and gratitude to everyone in Elgin for their support and dedication. Proclamation Recognizing National Hospice and Palliative Care Month Mayor Schock read a proclamation which stated that hospice and palliative care provides patients and families the highest quality pain management and symptom control, caregiver training and assistance, and emotional and spiritual support. Last year 1.2 million Americans living with life-limiting illness, and their families, received care from the 3,300 hospice and palliative care programs in communities throughout the United States. Mayor Schock proclaimed November as National Hospice and Palliative Care Month and encouraged citizens to increase their awareness of the importance and availability of hospice and palliative care services. RECOGNIZE PERSONS PRESENT Judy Robnett stated that the Mayor and Councilmembers are charged with providing guidance to the administration of the City. She requested that the Police Department be asked to be more responsive to citizens’ requests to discuss crime concerns. She stated that she has sent e-mails and left voice messages with the day shift patrolman who oversees her neighborhood, and she has been left with silence. At local neighborhood meetings, Ms. Robnett talked to others who feel that the Police Department does not respond to their concerns. She asked whether this is a decent way to run a City. Doug Heaton suggested that the City Council go into closed session and revisit the rules about members of the Council taking personal public positions. He has observed recent letters and newspaper articles that he feels indicate inappropriate involvement in election campaigns. Since the next election is months away, he believes it would be a good time for the Council to discuss yard signs, talk shows, letters to the editor, criticism of candidates, endorsement, and involvement in divisive groups. He stated that the Council may not have the right to speak their mind in public because what they say may impact the entire City. Doug Slocum stated that he appeared before the Council four weeks ago to discuss the overcrowded street parking. After that meeting, he met with Councilmembers Walters, Sandor, and Gilliam and was very pleased to learn that there is a street study pending now. He thanked them for that and he was not aware of the study four weeks ago. He would appreciate being advised of the status of that study. He hopes to be able to thank the Council sometime soon when responsible management acts are in place. VOLUME LXXI NOVEMBER 8, 2006 913 BID 06-081 AWARDED TO WATERS CONSULTING GROUP FOR A CLASSIFICATION AND COMPENSATION STUDY OF THE CITY’S NON- BARGAINING UNIT SALARY SCHEDULE Councilmember Rodgers made a motion, seconded by Councilmember Walters, to award a contract to Waters Consulting Group in the amount of $49,500 plus expenses for a classification and compensation study of the City’s non-bargaining unit salary schedule. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-088A AWARDED TO AMP ELECTRIC FOR THE REMAINING ELECTRICAL INSTRUMENTATION WORK FOR THE ELGIN BARTLETT INTERCONNECTION Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award a contract to Amp Electric in the amount of $42,598 for the remaining electrical instrumentation work for the Elgin Bartlett interconnection. 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 HOUSE LOCATED AT 279 N. SPRING STREET Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to award a contract to AKA Wrecking Company in the amount of $16,000 for the demolition of the house located at 279 N. Spring Street. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-106 AWARDED TO FENCE CONNECTION FOR THE 2006 AIRLITE WATER TREATMENT PLANT FENCING IMPROVEMENTS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Fence Connection in the amount of $30,798 to furnish and install vinyl coated chain link fencing at both the north and south property lines at the Airlite Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. NOVEMBER 8, 2006 VOLUME LXXI 914 PUBLIC HEARING REGARDING THE FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO THE PLANNED DEVELOPMENT ORDINANCE NO. G37-04 ENTITLED PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT, TO PERMIT THE CONSTRUCTION OF BALCONIES OPEN TO THE SKY WITHIN THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS COPPER SPRINGS SUBDIVISION; PROPERTY LOCATED AT 3401 WATER ROAD, BY CENTEX HOMES AS APPLICANTS AND OWNERS (PETITION 25-05) Mayor Schock declared the public hearing open. Community Development Director Deering stated that Centex Homes found they have 26 lots that could have balconies encroach on rear lot line setbacks. The Planning and Development Commission recommended approval of the petition. Wayne Blazer of Centex Homes stated they are requesting that the planned development be granted certain departures from the normal standards, regulations, requirements, and procedures of the zoning ordinance to permit the construction of balconies open to the sky within the required rear yard setback in the Copper Springs Subdivision. No one else chose to speak. Mayor Schock declared the public hearing closed. PETITION 25-05 APPROVED REQUESTING THE FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AMENDMENT TO ORDINANCE NO. G37-04 ENTITLED PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ZONING, TO PERMIT THE CONSTRUCTION OF BALCONIES OPEN TO THE SKY WITHIN THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS COPPER SPRINGS SUBDIVISION; PROPERTY LOCATED AT 3401 WATER ROAD, BY CENTEX HOMES AS APPLICANTS AND OWNERS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 25-05 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING THE FIRST AMENDMENT TO AN ANNEXATION AGREEMENT DATED AUGUST 11, 2004, BETWEEN THE CITY OF ELGIN, CENTEX HOMES (DEVELOPER) AND PII REAL ESTATE LLC (OWNERS), AND AN AMENDMENT TO A PSFR2 ORDINANCE NO. G74-04, TO PERMIT THE CONSTRUCTION OF BALCONIES OPEN TO THE SKY WITHIN THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS SHADOW HILL UNIT 4; PROPERTY LOCATED AT 3625 AND 3650 WATER ROAD, BY CENTEX HOMES AS APPLICANTS AND PII REAL ESTATE, LLC AS OWNERS (PETITION 76-05) Mayor Schock declared the public hearing open. VOLUME LXXI NOVEMBER 8, 2006 915 Community Development Director Deering stated that this petition is for the same purpose as the preceding Petition 25-05 and it involves 19 lots in the Shadow Hill Subdivision. Wayne Blazer of Centex Homes stated that the Shadow Hill Subdivision is an extension of Copper Springs. Centex Homes is requesting that they also be permitted to construct balconies open to the sky within the required rear yard setback in the Shadow Hill Subdivision. No one else chose to speak. Mayor Schock declared the public hearing closed. PETITION 76-05 APPROVED REQUESTING THE FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO ORDINANCE NO. G74-04 ENTITLED PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ZONING, TO PERMIT THE CONSTRUCTION OF DECKS OPEN TO THE SKY WITHIN THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS SHADOW HILL UNIT 4 SUBDIVISION; PROPERTY LOCATED AT 3625 AND 3650 WATER ROAD, BY CENTEX HOMES AS APPLICANTS AND PII REAL ESTATE, LLC AS OWNERS Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve Petition 76-05 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING THE THIRD AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR THE GLEN SUBDIVISION (FORMERLY KNOWN AS THE TRADITIONS OF FITCHIE CREEK); PROPERTY LOCATED AT 1101 NOLAN ROAD; BY THE GLEN LLC AND COMMONWEALTH REALTY ADVISORS, INC., AS APPLICANT AND OWNER (PETITION 45-06) Mayor Schock declared the public hearing open. Community Development Director Deering stated that the former project for this site, formerly known as Traditions of Fitchie Creek, was approved in 2004. At that time the development was going to be an age-restricted development; however, the applicant made a decision to abandon he age-restricted project. The proposal encompasses the same parcel of land which contains approximately 73 acres. It features 68 single family home sites, 38 duplex home sites, an assisted living facility with 150 dwelling units, and 25 acres of open space and park land. The project retains the same open space, wetlands, public infrastructure, walking trails and other amenities approved in the original plan for Traditions of Fitchie Creek, and adds additional park land. The Planning and Development Commission recommended denial of Petition 45-06. There is an unresolved issue regarding the policies and guidelines that call for an 80/20 split between the number of detached dwelling units versus attached residential dwelling units respectively in this portion of the planning area. NOVEMBER 8, 2006 VOLUME LXXI 916 John Regan, attorney for the petitioner, stated that the ownership of the property has changed pension funds are involved in the project. He stated that changes were made to the plan based on suggestion of the staff. The financial consultant has determined that this project would have a positive fiscal impact. Instead of an age-restricted development, the petitioner is proposing a 150-room assisted living facility in the center of the project. Sewer and water lines were already put in place by the prior owner, so an amended plan has to take that into consideration. He stated that the site is unique. There is a railroad right-of-way, electrical power lines, and a wetland area, and these features limit what can be done with this land and makes the majority of it unable to be developed by building upon it. The engineering consultant and landscape planners outlined the specifics of the proposed development. They are asking for a waiver of the 80/20 detached versus attached residential dwelling units. They realize that this does not meet the 80/20 requirement, but they believe the proposed project fits very well in this area. Attorney Regan summarized their main points. This applicant didn’t start out with a clean plate. They had to work around the water and sewer pipes already installed. This brings an assisted living facility to this area. A pension fund has money already invested in the project. It’s a difficult site, and the plan was prepared in a cooperative spirit with the City staff. Councilmember Kaptain stated that when the original plan came before the Planning and Development Commission, it was an age-restricted development, and this allows a number of exceptions to be made. However, now this developer wants the same exceptions to be permitted even though it is not an age-restricted property. Councilmembers Gilliam and Sandor stated that they are concerned about the 53/47 split between attached and detached dwelling units rather than the 80/20 guideline. Councilmember Sandor said he will not vote for approval as currently proposed. Councilmember Figueroa asked Mr. Deering how the density of this proposed project compares with surrounding projects. Mr. Deering stated that this project has more density than surrounding developments. Mayor Schock stated that he can’t understand some of the logic of the Council based on some of their comments regarding this development. The Council has approved other projects when the 80/20 split wasn’t adhered to. He believes we desperately need an assisted living facility in Elgin so that individuals requiring these services don’t have to leave Elgin. The home products are very high priced. The Far West Area Plan gives a “density” bonus to curb urban sprawl. He also stated that he never thought he’d see the day when Councilmembers would criticize a project with a positive fiscal impact. No one else chose to speak. Mayor Schock declared the public hearing closed. VOLUME LXXI NOVEMBER 8, 2006 917 PETITION 45-06 TABLED REQUESTING THE THIRD AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR THE GLEN SUBDIVISION (FORMERLY KNOWN AS THE TRADITIONS OF FITCHIE CREEK); PROPERTY LOCATED AT 1101 NOLAN ROAD; BY THE GLEN LLC AND COMMONWEALTH REALTY ADVISORS, INC., AS APPLICANT AND OWNER At the developer’s request, Councilmember Walters made a motion, seconded by Councilmember Gilliam, to table Petition 45-06 to allow the applicant time to review comments and recommendations made by the Council and determine whether to make changes to their proposal. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. REQUEST APPROVED TO SET AN ANNEXATION AGREEMENT HEARING DATE FOR DECEMBER 6, 2006; PROPERTY LOCATED AT 2451 MASON ROAD, BY ABCP INVESTMENTS, L.L.C., INC., AS APPLICANT AND BARTELS FARMING CORPORATION AS OWNER (PETITION 35-06) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to set a hearing date on the proposed annexation agreement for the December 6, 2006, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 46-05 APPROVED REQUESTING CONDITIONAL USE APPROVAL FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT; PROPERTY LOCATED AT 822 SUMMIT STREET; BY ELGIN FRUIT MARKET, LTD., AS APPLICANT, AND FRANK PAGANIS, AS OWNER Community Development Director Deering stated that the petitioner is requesting conditional use approval to have the ability to sell beer and wine at the existing grocery store. There is an unresolved issue with reference to signage. The applicant has agreed to remove and replace the existing conforming monument style sign. However, the applicant is proposing to reconfigure the existing sign as a monument sign, which exceeds the maximum allowable height and surface area. The sign ordinance allows a maximum of one free standing monument style sign for each principal building with a total allowable surface area of 80 square feet and a maximum height of 10 linear feet. The applicant is proposing to use the existing sign as a monument style sign, which will be 17 feet in height by 10 feet in width for a total surface area of 170 square feet. Councilmembers indicated they would not approve the proposed departure from the sign ordinance. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 46-05 subject to conditions, including replacing the nonconforming pole sign with a NOVEMBER 8, 2006 VOLUME LXXI 918 conforming monument style sign. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 97-06 APPROVED REQUESTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT, PGI PLANNED GENERAL INDUSTRIAL DISTRICT, AND PRELIMINARY PLAT APPROVAL; PROPERTY LOCATED AT 1451 SHELDON DRIVE, BY THE CIRCLE LAND COMPANY, AS APPLICANT AND WILLIAM ANEST, AS OWNER Community Development Director Deering stated that this petition involves a 38.5 acre parcel and the applicant proposes to rezone and subdivide the parcel for a residential subdivision which will feature 88 single family homes and a 1.2 acre private park. The property is currently vacant and is zoned for industrial uses. Councilmember Walters stated that he did not like two of the elevations, which were Numbers 527 and 605. He felt that the garages dwarfed the houses. A discussion was held, and the petitioner agreed they are willing to make changes and will work with the staff to make adjustments based on the comments made. Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to approve Petition 97-06 subject to conditions and also subject to resolution of the Elevations 527 and 605 between petitioner and the staff. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 100-06 APPROVED REQUESTING CONDITIONAL USE APPROVAL FOR A PLANNED DEVELOPMENT IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION; PROPERTY LOCATED AT 945 EAST CHICAGO STREET BY SCOTT MCGRATH, DBA MCGRATH NISSAN, AS APPLICANT AND OWNER Community Development Director Deering stated that the petitioner is requesting a conditional use for a planned development which will permit him to construct a building addition and remodel the exterior building materials. The Zoning and Subdivision Hearing Board recommends approval. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Petition 100-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI NOVEMBER 8, 2006 919 RESOLUTION 06-273 ADOPTED ESTIMATING AMOUNT NECESSARY TO BE RAISED BY TAXATION FOR THE YEAR 2006 UPON TAXABLE PROPERTY IN THE CITY OF ELGIN Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-273 RESOLUTION ESTIMATING AMOUNT NECESSARY TO BE RAISED BY TAXATION FOR THE YEAR 2006 UPON TAXABLE PROPERTY IN THE CITY OF ELGIN WHEREAS, the Truth in Taxation Law at 35 ILCS 200/18-55, et seq., provides in part that prior to the adoption of its aggregate levy, hereinafter referred to as “levy”, the corporate authority of each taxing district shall determine the amounts of money, exclusive of any portion of that levy attributable to costs of conducting an election required by the general election law, hereinafter referred to as “Election Costs” estimated to be necessary to be raised by taxation for that year upon the taxable property in its district; and WHEREAS, the Truth in Taxation Law further provides in part that if the estimate of the corporate authority is more than 105% of the amount extended or estimated to be extended, plus any amount abated by the corporate authority prior to extension, upon the final aggregate levy of the preceding year, exclusive of Election Costs, the corporate authority shall give public notice of and hold a public hearing of its intent to adopt an aggregate levy in an amount which is more than 105% of the amount extended or estimated to be extended upon the final aggregate levy extensions, plus any amount abated, exclusive of Election Costs, for the preceding year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the city council of the City of Elgin being the corporate authority of the City of Elgin hereby determines that the amount of money, exclusive of any portion of the 2006 levy attributable to Election Costs, estimated to be necessary to be raised by taxation for the year 2006 upon the taxable property in the City of Elgin is in the amount of $40,054,000. 2. That the amount estimated to be necessary to be raised by taxation for the year 2006 upon taxable property in the City of Elgin being more than 105% of the amount of the 2005 property tax levy, a truth in taxation hearing pursuant to 35 ILCS 200/18-70 shall be held by the city council of the City of Elgin on Wednesday, December 6, 2006, at 7:00 p.m. in the city council chambers at city hall at 150 Dexter Court, Elgin, Illinois. The city’s fiscal services group director shall cause notice of such public hearing to be published at a time and in form and manner as required by law. NOVEMBER 8, 2006 VOLUME LXXI 920 3. That this resolution shall be in full force and effect upon its passage. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Gilliam, 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 Enterprise Fleet Services Lombard, IL $18,370.20 One year lease and maintenance for 3 cars in police department Lundstrom Insurance Agency Elgin, IL $81,331.00 Excess workers compensation CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. T39-06 through T45-06 and G78-06 through G81-06 and adopt Resolution Nos. 06-265 through 06-264 (except 06-263) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI NOVEMBER 8, 2006 921 ORDINANCE T39-06 PASSED ESTABLISHING THE TYLER CREEK PLAZA RESUBDIVISION NO. 1 SUBDIVISION SPECIAL SERVICES AREA OF ELGIN, ILLINOIS (SSA #11) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. T39-06 AN ORDINANCE ESTABLISHING THE TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #11) 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 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 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 NOVEMBER 8, 2006 VOLUME LXXI 922 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. T29-06, entitled “An Ordinance Proposing the Establishment of the Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Related Procedures,” that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 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 August 4, 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 VOLUME LXXI NOVEMBER 8, 2006 923 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 August 23, 2006 at 7:44 pm. Section 3. Establishment of the Special Service Area. The Tyler Creek Plaza Resubdivision No.1 Subdivision 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area consists of approximately 8.3 acres in the City of Elgin. An accurate map of the Tyler Creek Plaza Resubdivision No.1 Subdivision 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area is to 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 Tyler Creek Plaza Resubdivision No.1 Subdivision 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 Tyler Creek Plaza Resubdivision No.1 Subdivision 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 Tyler Creek Plaza Resubdivision No.1 Subdivision 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area in an amount not to exceed an annual rate of .654 [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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service NOVEMBER 8, 2006 VOLUME LXXI 924 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $10,500.00 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. 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI NOVEMBER 8, 2006 925 ORDINANCE T40-06 PASSED ESTABLISHING THE BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICES AREA OF ELGIN, ILLINOIS (SSA #12) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No.T40-06 AN ORDINANCE ESTABLISHING THE BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #12) 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 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 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 NOVEMBER 8, 2006 VOLUME LXXI 926 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. T30-06, entitled “An Ordinance Proposing the Establishment of the Bowes Creek Country Club Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Related Procedures,” that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 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 August 4, 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; VOLUME LXXI NOVEMBER 8, 2006 927 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 August 23, 2006 at 7:44 pm. Section 3. Establishment of the Special Service Area. The Bowes Creek Country Club Subdivision 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 Bowes Creek Country Club Subdivision Special Service Area consists of approximately 604.0 acres in the City of Elgin. An accurate map of the Bowes Creek Country Club Subdivision 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area is to 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 Bowes Creek Country Club Subdivision 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 Bowes Creek Country Club Subdivision 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 Bowes Creek Country Club Subdivision 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 Bowes Creek Country Club Subdivision Special Service Area in an amount not to exceed an annual rate of .475 [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 Bowes Creek Country Club Subdivision 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 Bowes Creek Country Club Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $289,500.00 annually for the cost NOVEMBER 8, 2006 VOLUME LXXI 928 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. 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T41-06 PASSED ESTABLISHING THE TALL OAKS SUBDIVISION SPECIAL SERVICES AREA OF ELGIN, ILLINOIS (SSA #13) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI NOVEMBER 8, 2006 929 Ordinance No.T41-06 AN ORDINANCE ESTABLISHING THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #13) 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 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 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. T31-06, entitled “An Ordinance Proposing the Establishment of the Tall Oaks Subdivision Special Service Area in the City of NOVEMBER 8, 2006 VOLUME LXXI 930 Elgin and Providing for a Public Hearing and Other Related Procedures,” that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 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 August 4, 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 August 23, 2006 at 7:44 pm. VOLUME LXXI NOVEMBER 8, 2006 931 Section 3. Establishment of the Special Service Area. The Tall Oaks Subdivision 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 Tall Oaks Subdivision Special Service Area consists of approximately 195 acres in the City of Elgin. An accurate map of the Tall Oaks Subdivision 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 Tall Oaks Subdivision Special Service Area is to 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 Tall Oaks Subdivision 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 Tall Oaks Subdivision 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 Tall Oaks Subdivision 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 Tall Oaks Subdivision Special Service Area in an amount not to exceed an annual rate of .400 [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 Tall Oaks Subdivision 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 Tall Oaks Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $96,000.00 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. NOVEMBER 8, 2006 VOLUME LXXI 932 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T42-06 PASSED ESTABLISHING THE TRINITY CHASE SUBDIVISION SPECIAL SERVICES AREA OF ELGIN, ILLINOIS (SSA #14) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No.T42-06 AN ORDINANCE ESTABLISHING THE TRINITY CHASE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #14) 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 VOLUME LXXI NOVEMBER 8, 2006 933 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 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 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. T32-06, entitled “An Ordinance Proposing the Establishment of the Trinity Chase Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Related Procedures,” that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 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 August 4, 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 NOVEMBER 8, 2006 VOLUME LXXI 934 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 August 23, 2006 at 7:44 pm. Section 3. Establishment of the Special Service Area. The Trinity Chase Subdivision 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 Trinity Chase Subdivision Special Service Area consists of approximately 110.0 acres in the City of Elgin. An accurate map of the Trinity Chase Subdivision 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 Trinity Chase Subdivision Special Service Area is to 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 Trinity Chase Subdivision Special Service Area, VOLUME LXXI NOVEMBER 8, 2006 935 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 Trinity Chase Subdivision 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 Trinity Chase Subdivision 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 Trinity Chase Subdivision Special Service Area in an amount not to exceed an annual rate of .497 [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 Trinity Chase Subdivision 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 Trinity Chase Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $64,200.00 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. 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 NOVEMBER 8, 2006 VOLUME LXXI 936 Presented: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T43-06 PASSED ESTABLISHING THE VECE RIDGE SUBDIVISION SPECIAL SERVICES AREA OF ELGIN, ILLINOIS (SSA #15) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No.T43-06 AN ORDINANCE ESTABLISHING THE VECE RIDGE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #15) 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 Vece Ridge Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and VOLUME LXXI NOVEMBER 8, 2006 937 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. T33-06, entitled “An Ordinance Proposing the Establishment of the Vece Ridge Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Related Procedures,” that Ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 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 August 4, 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 NOVEMBER 8, 2006 VOLUME LXXI 938 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 August 23, 2006 at 7:44 pm. Section 3. Establishment of the Special Service Area. The Vece Ridge Subdivision 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 Vece Ridge Subdivision Special Service Area consists of approximately 7.00 acres in the City of Elgin. An accurate map of the Vece Ridge Subdivision 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 Vece Ridge Subdivision Special Service Area is to 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 Vece Ridge Subdivision 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 Vece Ridge Subdivision 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 Vece Ridge Subdivision 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 Vece Ridge Subdivision Special Service Area in an amount not to exceed an annual rate VOLUME LXXI NOVEMBER 8, 2006 939 of .313 [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 Vece Ridge Subdivision 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 Vece Ridge Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $5,100.00 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. 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk NOVEMBER 8, 2006 VOLUME LXXI 940 ORDINANCE T44-06 PASSED ESTABLISHING THE WEST POINT GARDENS SUBDIVISION SPECIAL SERVICES AREA OF ELGIN, ILLINOIS (SSA #16) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No.T44-06 AN ORDINANCE ESTABLISHING THE WEST POINT GARDENS SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #16) 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 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 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 VOLUME LXXI NOVEMBER 8, 2006 941 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. T34-06, entitled “An Ordinance Proposing the Establishment of the West Point Gardens Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Related Procedures,” that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 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 August 4, 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; NOVEMBER 8, 2006 VOLUME LXXI 942 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 August 23, 2006 at 7:44 pm. Section 3. Establishment of the Special Service Area. The West Point Gardens Subdivision 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 West Point Gardens Subdivision Special Service Area consists of approximately 172.0 acres in the City of Elgin. An accurate map of the West Point Gardens Subdivision 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 West Point Gardens Subdivision Special Service Area is to 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 West Point Gardens Subdivision 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 West Point Gardens Subdivision 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 West Point Gardens Subdivision 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 West Point Gardens Subdivision Special Service Area in an amount not to exceed an annual rate of .563 [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 West Point Gardens Subdivision 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 West Point Gardens Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $138,600.00 annually for the cost of the VOLUME LXXI NOVEMBER 8, 2006 943 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. 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T45-06 PASSED ESTABLISHING THE WEST RIDGE COMMUNITY CHURCH SUBDIVISION SPECIAL SERVICES AREA OF ELGIN, ILLINOIS (SSA #17) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. NOVEMBER 8, 2006 VOLUME LXXI 944 Ordinance No.T45-06 AN ORDINANCE ESTABLISHING THE WEST RIDGE COMMUNITY CHURCH SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #17) 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 West Ridge Community Church Subdivision 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 Resolution No. T29-06, entitled “An Ordinance VOLUME LXXI NOVEMBER 8, 2006 945 Proposing the Establishment of the West Ridge Community Church Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Related Procedures,” that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 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 August 4, 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 August 23, 2006 at 7:44 pm. NOVEMBER 8, 2006 VOLUME LXXI 946 Section 3. Establishment of the Special Service Area. The West Ridge Community Church Subdivision 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 West Ridge Community Church Subdivision Special Service Area consists of approximately 26 acres in the City of Elgin. An accurate map of the West Ridge Community Church Subdivision 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 West Ridge Community Church Subdivision Special Service Area is to 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 West Ridge Community Church Subdivision 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 West Ridge Community Church Subdivision 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 West Ridge Community Church Subdivision 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 West Ridge Community Church Subdivision Special Service Area in an amount not to exceed an annual rate of .783 [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 West Ridge Community Church Subdivision 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 West Ridge Community Church Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $30,000.00 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. VOLUME LXXI NOVEMBER 8, 2006 947 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G78-06 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 Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. NOVEMBER 8, 2006 VOLUME LXXI 948 Ordinance No. G78-06 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 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 VOLUME LXXI NOVEMBER 8, 2006 949 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). 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 NOVEMBER 8, 2006 VOLUME LXXI 950 Presented: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G79-06 PASSED AMENDING CHAPTER 20.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CERTIFICATE OF APPROPRIATENESS" Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G79-06 AN ORDINANCE AMENDING CHAPTER 20.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CERTIFICATE OF APPROPRIATENESS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 20.08, of the Elgin Municipal Code, 1976, as amended, entitled “Certificate of Appropriateness,” be and is hereby further amended to add Section 20.080.090, entitled “Compliance with Certificate of Appropriateness,” to read as follows: 20.08.090: COMPLIANCE WITH CERTIFICATE OF APPROPRIATENESS: It shall be unlawful for any person, firm or corporation to fail to perform any construction, alteration, removal, demolition or other work in accordance with the terms and conditions of a certificate of appropriateness. Section 2. That Chapter 20.08, of the Elgin Municipal Code, 1976, as amended, entitled “Certificate of Appropriateness,” be and is hereby further amended to add Section 20.080.100, entitled “Penalty for Violation,” to read as follows: 20.08.100: PENALTY FOR VIOLATION: Any person, firm or corporation violating any of the provisions of this Chapter shall be fined as provided in Title 1, Chapter 1.20 of this Code. Each day during which a violation VOLUME LXXI NOVEMBER 8, 2006 951 of this Chapter continues or is permitted to exist shall be considered a separate and distinct offense. The imposition of any penalty for a violation of this Chapter shall not be construed as a waiver of the right of the City to seek other remedies available at law or equity to enforce the provisions of this Chapter. 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G80-06 PASSED AMENDING CHAPTER 6.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PEDDLERS AND SOLICITORS" Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G80-06 AN ORDINANCE AMENDING CHAPTER 6.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PEDDLERS AND SOLICITORS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Section 6.45.040 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors" be and is hereby further amended to read as follows: NOVEMBER 8, 2006 VOLUME LXXI 952 "6.45.040: PERMIT FOR SOLICITATION OF FUNDS ON PUBLIC STREETS OR SIDEWALKS: A. No person shall engage in any solicitation made upon any public street or sidewalk within the City requesting the contribution of funds or anything of value except as provided in this Section and this Chapter. B. A permit shall be obtained by a sponsoring person, company or organization for the conduct of any solicitation requesting the contribution of funds or anything of value conducted upon any public street or sidewalk in the City. C. Solicitation shall be prohibited from November 1 through March 31. D. Solicitation shall be restricted to the following intersections: McLean Boulevard and Highland Avenue; Summit Street and Liberty Street; Dundee and Kimball Avenues; McLean Boulevard and Wing Street; Highland Avenue and Route 31; E. Chicago Street and Willard Avenue; Highland and Lyle Avenues; and Summit Street and Hiawatha Drive. E. The sponsor shall be registered with the Attorney General as a charitable organization as provided by the Solicitation for Charity Act, 225 ILCS 460/1, et seq., as amended. F. The sponsor shall be engaged in a Statewide fund raising activity. G. The sponsor shall be liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agency. H. The sponsor shall be responsible for supervising and controlling the conduct of all persons soliciting under the sponsor's permit. I. The sponsor shall provide to each individual in its solicitation force a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in the sales force to wear such identification so that it is clearly visible at all times when individuals are soliciting. J. The sponsor and any person soliciting for the contribution of funds or anything of value on any public street or sidewalk shall not obstruct vehicular or pedestrian traffic and shall comply with all applicable traffic regulations. (Ord. G39-00 § 1, 2000) K. Any person engaged in the act of solicitation shall wear a high visibility vest." VOLUME LXXI NOVEMBER 8, 2006 953 Section 2. That Section 6.45.050 of the Elgin Municipal Code, 1976, as amended, entitled "Permit Application" be and is hereby further amended to read as follows: "6.45.050: PERMIT APPLICATION: A. Every person subject to the provisions of Section 6.45.020 of this Chapter shall file with the City's Fiscal Services Manager an application in writing no earlier than sixty (60) days and no later than ten (10) days prior to the date of the solicitation on a form to be furnished by the Fiscal Services Group Director, which shall provide the following information: 1. Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation (for sponsors), or other legally recognized form of identification; 2. A brief description of the business or activity to be conducted; 3. The hours and location for which the right to peddle or solicit is desired; 4. If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; 5. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted, through any court proceeding, to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit); the nature of the offense or violation; the penalty or punishment imposed; the date and location of the court proceedings for which such offense occurred; and other pertinent details thereof; 6. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has had a civil judgment based upon fraud, deceit or misrepresentation entered against him within the five (5) years immediately preceding the date of application; the nature of the judgment, the date and location of the judgment, and any other pertinent information as to the basis of such judgment; and 7. Three (3) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure approximately three inches by five inches (3" x 5") and show the head, face and shoulders of the applicant in a clear and distinguishing manner. NOVEMBER 8, 2006 VOLUME LXXI 954 B. Every person subject to the provisions of Section 6.45.030 or 6.45.040 of this Chapter shall file with the City's Fiscal Services Group Director an application in writing on a form to be furnished by the Fiscal Services Division, which shall provide the following information: 1. Proof of age, address and identification of the applicant who is the sponsoring person, company or organization to be provided through the applicant sponsor's driver's license, articles of incorporation or other legally recognized form of identification; 2. A brief description of the business or activity to be conducted; 3. The hours and location for the right to peddle or solicit as desired; 4. A listing of the name, address and date of birth of all persons the sponsor proposes to be peddling or soliciting under the sponsor's permit; 5. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted, through any court proceeding, to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit); the nature of the offense or violation; the penalty or punishment imposed; the date and location of the court proceedings for which such offense occurred; and other pertinent details thereof; and 6. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has had a civil judgment based upon fraud, deceit or misrepresentation entered against him within the five (5) years immediately preceding the date of application; the nature of the judgment, the date and location of the judgment, and any other pertinent information as to the basis of such judgment." Section 3. That Section 6.45.060 of the Elgin Municipal Code, 1976, as amended, entitled "Application Review and Permit Issuance" be and is hereby further amended to read as follows: "6.45.060: APPLICATION REVIEW AND PERMIT ISSUANCE: A. Upon receipt of an application, the Fiscal Services Group Director, or his authorized representative, shall review the application as deemed necessary to ensure that it has been properly and completely submitted and as otherwise necessary to ensure the protection of the public health, safety and general welfare. Each completed application shall be routed to the Chief of Police and the Public Works Director or their designees for review. VOLUME LXXI NOVEMBER 8, 2006 955 B. The Fiscal Services Group Director, or his authorized representative, shall issue or deny the application for the required permit within seven (7) days of the submission of a completed application. C. If the Fiscal Services Group Director, or his authorized representative, finds the application to be satisfactory, the Fiscal Services Group Director, or his authorized representative, shall endorse his approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant. D The permit shall show the name, address and photograph of the permittee, the class of permit issued, the kinds of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. E. A record of all permits issued shall be maintained by the Fiscal Services Department. (Ord. G39-00 § 1, 2000)" Section 4. That Section 6.45.070 of the Elgin Municipal Code, 1976, as amended, entitled "Denial of Permit" be and is hereby further amended to read as follows: "6.45.070: DENIAL OF PERMIT: A. Upon the Fiscal Services Group Director's review of the application, the Fiscal Services Group Director may refuse to issue a permit to the applicant under this Chapter for any of the following reasons: 1. The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers; 2. An investigation reveals that the applicant falsified information on the application; 3. The sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted through any court proceeding to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit) involving a sex offense, trafficking in controlled substances, theft, burglary, fraud, deceit, misrepresentation, or any violent acts against persons or property; such conviction, plea, supervision, probation or admission having occurred within five (5) years preceding the date of application; 4. The sponsor, or any person to whom the permit will apply, is a person against whom a civil judgment based upon fraud, deceit or misrepresentation has NOVEMBER 8, 2006 VOLUME LXXI 956 been entered within the five (5) years immediately preceding the date of application; 5. There is no proof as to the authority of the applicant to serve as an agent to the principal; 6. The applicant or a person the applicant proposes to sponsor as a peddler or solicitor pursuant to Section 6.45.030 or 6.45.040 of this Chapter has been denied a permit under this Chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Fiscal Services Group Director that the reasons for such earlier denial no longer exist; 7. The proposed solicitation would unduly interfere with the orderly flow of traffic or would result in interference with the operation of official traffic control devices; or 8. The application or proposed solicitation is not in compliance of the provisions of this Chapter or other applicable requirements of law. B. The Fiscal Services Group Director's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or the applicant's last known address. (Ord. G39-00 § 1, 2000)" Section 5. That Chapter 6.45 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors" be and is hereby further amended by amending all references to "Fiscal Services Manager" therein to read "Fiscal Services Group Director". Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. Severability. If any provisions, clause, sentence, paragraph, section of part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. VOLUME LXXI NOVEMBER 8, 2006 957 Section 8. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-265 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2007 Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-265 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council meetings for 2007 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 2007 Committee of the Whole January 10, 2007 5:00 PM City Council January 10, 2007 7:00 PM Committee of the Whole January 24, 2007 6:00 PM City Council January 24, 2007 7:00 PM Committee of the Whole February 14, 2007 6:00 PM City Council February 14, 2007 7:00 PM Committee of the Whole February 28, 2007 6:00 PM City Council February 28, 2007 7:00 PM NOVEMBER 8, 2006 VOLUME LXXI 958 Committee of the Whole March 14, 2007 6:00 PM City Council March 14, 2007 7:00 PM Committee of the Whole March 21, 2007 6:00 PM City Council March 21, 2007 7:00 PM Committee of the Whole April 11, 2007 6:00 PM City Council April 11, 2007 7:00 PM Committee of the Whole April 25, 2007 6:00 PM City Council April 25, 2007 7:00 PM Committee of the Whole May 9, 2007 6:00 PM City Council May 9, 2007 7:00 PM Committee of the Whole May 23, 2007 6:00 PM City Council May 23, 2007 7:00 PM Committee of the Whole June 13, 2007 6:00 PM City Council June 13, 2007 7:00 PM Committee of the Whole June 27, 2007 6:00 PM City Council June 27, 2007 7:00 PM Committee of the Whole July 11, 2007 6:00 PM City Council July 11, 2007 7:00 PM Committee of the Whole July 25, 2007 6:00 PM City Council July 25, 2007 7:00 PM Committee of the Whole August 8, 2007 6:00 PM City Council August 8, 2007 7:00 PM Committee of the Whole August 22, 2007 6:00 PM City Council August 22, 2007 7:00 PM Committee of the Whole September 12, 2007 6:00 PM City Council September 12, 2007 7:00 PM Committee of the Whole September 26, 2007 6:00 PM City Council September 26, 2007 7:00 PM Committee of the Whole October 10, 2007 6:00 PM City Council October 10, 2007 7:00 PM Committee of the Whole October 24, 2007 6:00 PM City Council October 24, 2007 7:00 PM Committee of the Whole November 14, 2007 6:00 PM City Council November 14, 2007 7:00 PM Committee of the Whole November 28, 2007 6:00 PM City Council November 28, 2007 7:00 PM VOLUME LXXI NOVEMBER 8, 2006 959 Committee of the Whole December 5, 2007 6:00 PM City Council December 5, 2007 7:00 PM Committee of the Whole December 19, 2007 6:00 PM City Council December 19, 2007 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing City Council meetings shall be held in the City Council Chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-266 ADOPTED AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT WITH BIG TIMBER ELGIN, INC. REGARDING CONSTRUCTION OF WATER TOWER AND WATER MAIN IMPROVEMENTS NEAR HIGHLAND AVENUE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-266 RESOLUTION AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT WITH BIG TIMBER ELGIN, INC. REGARDING CONSTRUCTION OF WATER TOWER AND WATER MAIN IMPROVEMENTS NEAR HIGHLAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Reimbursement Agreement with Big Timber Elgin, Inc. on behalf of the City of Elgin for construction of water tower and water main improvements near Highland Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor NOVEMBER 8, 2006 VOLUME LXXI 960 Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-267 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ZIEGLER'S ACE HARDWARE FOR BIODEGRADABLE YARD WASTE BAGS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-267 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ZIEGLER'S ACE HARDWARE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Ziegler's Ace Hardware, for purchase of biodegradable yard waste bags, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI NOVEMBER 8, 2006 961 RESOLUTION 06-268 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (SPEED ENFORCEMENT) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-268 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (Speed Enforcement) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $44,377.50 for speed enforcement. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G81-06 PASSED AMENDING TITLE 2 AND TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO RESIDENTIAL PROPERTY GRANT PROGRAMS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. NOVEMBER 8, 2006 VOLUME LXXI 962 Ordinance No. G81-06 AN ORDINANCE AMENDING TITLE 2 AND TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO RESIDENTIAL PROPERTY GRANT PROGRAMS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Section 2.29.040 of the Elgin Municipal Code, 1976, as amended, entitled “Grant Program,” be and is hereby further amended to amend subsection B read as follows: B. Eligible Participants: Eligible program participants must be at least eighteen (18) years of age and be owners of record, mortgagees, or owners with a beneficial interest in a trust holding record title to an eligible property. Owners participating in the program shall abide by all program requirements including, but not limited to, the commitment to conform to local building codes and ordinances. Participation in the city of Elgin's "residential rehabilitation grant program" or any other federally funded housing rehabilitation program is precluded for six (6) months following the successful completion of the conversion and the grantee's receipt of their final payout. Section 2. That Section 2.29.040 of the Elgin Municipal Code, 1976, as amended, entitled “Grant Program,” be and is hereby further amended to amend subsection C read as follows: C. Financial Assistance Grants: The program shall reimburse the property owner twenty-five thousand dollars ($25,000.00) for the conversion of a lawful nonconforming two-family building to its original, conforming residential use as a single-family building, and thirty thousand dollars ($30,000.00) per dwelling unit eliminated in the conversion of a lawful nonconforming building with three or more dwelling units to such building’s original, conforming residential use. For properties located in "user defined areas 5 and 22" as set forth in the United States census designation (the southeast section of Elgin), a maximum of twenty-eight thousand dollars ($28,000.00) for the conversion of a lawful nonconforming two-family building to its original, conforming residential use as a single- family building may be provided, and thirty-three thousand dollars ($33,000.00) may be provided per dwelling unit eliminated in the conversion of a lawful nonconforming building with three or more dwelling units to such building’s original, conforming residential use. No grant authorized pursuant to this chapter shall be made until a letter of completion and compliance has been issued by the city. Startup funds may be provided to eligible participants prior to the commencement of the conversion work. These funds shall be used to pay for materials and/or secure a contractor for conversion work. Grantee shall submit a formal written request for said funds to the director justifying the need for such funds. The amount of startup funds may be adjusted at the discretion of the director depending on the size and scope of the VOLUME LXXI NOVEMBER 8, 2006 963 projects. The startup funds shall not exceed ten thousand dollars ($10,000.00) per unit converted. Section 3. That Section 20.15.050 of the Elgin Municipal Code, 1976, as amended, entitled “Guidelines,” be and is hereby further amended to amend subsection E read as follows: E. Conditions; Agreement Required: Program participation shall, within thirty (30) days of receiving notification of being awarded a grant, require the execution of an agreement between the applicant and the city. The director, or the director's designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the applicant as follows: 1. Within one hundred eighty (180) days of executing the agreement, the applicant shall obtain a certificate of appropriateness for any construction work to be performed on the residential structure which is the subject of the agreement. 2. The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Elgin "Design Guideline Manual" and in conformance with the certificate of appropriateness within an eighteen (18) month period from the date of the execution of the grant agreement. Section 4. That Section 20.16.050 of the Elgin Municipal Code, 1976, as amended, entitled “Guidelines,” be and is hereby further amended to amend subsection F read as follows: F. Conditions; Agreement Required: Program participation shall, within thirty (30) days of receiving notification of being awarded a grant, require the execution of an agreement between the applicant and the city. The director of the community development department, or the director's designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the applicant as follows: 1. Within one hundred eighty (180) days of executing the agreement, the applicant shall obtain a certificate of appropriateness for any construction work to be performed on the residential structure which is the subject of the agreement. 2. The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Elgin "Design Guideline Manual" and in conformance with the certificate of appropriateness within an eighteen (18) month period from the date of the execution of the grant agreement. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. NOVEMBER 8, 2006 VOLUME LXXI 964 Section 6. 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: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-269 ADOPTED ADOPTING CHAIN LINK FENCE GRANT PROGRAM GUIDELINES Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-269 RESOLUTION ADOPTING CHAIN LINK FENCE GRANT PROGRAM GUIDELINES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the attached Chain Link Fence Grant Program Guidelines dated November 8, 2006 are hereby adopted and approved by the City Council as the City of Elgin’s guidelines for such program. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI NOVEMBER 8, 2006 965 Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-270 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-270 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, 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 Public Action to Deliver Shelter (PADS) for financial assistance in providing overnight shelter and meals to the homeless, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk NOVEMBER 8, 2006 VOLUME LXXI 966 RESOLUTION 06-271 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANSYSTEMS CORPORATION (BICYCLE ROUTE MASTER PLAN) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-271 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANSYSTEMS CORPORATION (Bicycle Route Master Plan) 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 TranSystems Corporation for engineering services for development of a Bicycle Route Master Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-272 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI NOVEMBER 8, 2006 967 Resolution No. 06-272 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Steven R. Stroud be and is hereby reappointed as a member of the Design Review Subcommittee of the Elgin Heritage Commission, for a term to expire June 30, 2007. BE IT FURTHER RESOLVED that Tim Walkup be and is hereby reappointed as a member of the Design Review Subcommittee of the Elgin Heritage Commission, for a term to expire June 30, 2007. BE IT FURTHER RESOLVED that Pattie Tripunitara be and is hereby reappointed as a member of the Cultural Arts Commission, for a term to expire November 1, 2009. BE IT FURTHER RESOLVED that Natalie Doolittle be and is hereby appointed as a member of the Cultural Arts Commission, for a term to expire November 1, 2009. BE IT FURTHER RESOLVED that Sean Hargadon be and is hereby appointed as a member of the Cultural Arts Commission, for a term to expire November 1, 2009. BE IT FURTHER RESOLVED that Sylvia Grady be and is hereby reappointed as chairman of the Cultural Arts Commission, for a term to expire November 1, 2007. BE IT FURTHER RESOLVED that Tom Wahl be and is hereby appointed as a member of the Plumbing Committee, for a term to expire May 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk NOVEMBER 8, 2006 VOLUME LXXI 968 RESOLUTION 06-274 ADOPTED AUTHORIZING EXECUTION OF A FAÇADE IMPROVEMENT PROGRAM AGREEMENT WITH SOTOMAYOR ENTERPRISES LLC (169 E. CHICAGO STREET) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-274 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH SOTOMAYOR ENTERPRISES LLC (169 E. Chicago Street) 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 facade improvement program agreement on behalf of the City of Elgin with Sotomayor Enterprises LLC for the property commonly known as 169 E. Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 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. Hotel/Motel Tax Report for September 2006 Centre Advisory Board Minutes for May 11, 2006 Golf Leadership Team Meeting Minutes for August 30, 2006 Committee of the Whole Minutes for October 11, 2006 City Council Minutes for October 11, 2006 VOLUME LXXI NOVEMBER 8, 2006 969 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 8:52 p.m. s/Dolonna Mecum November 29, 2006 Dolonna Mecum, City Clerk Date Approved